Part 2: EFFECTIVENESS OF SECURITY AGREEMENT; ATTACHMENT OF SECURITY INTEREST; RIGHTS OF PARTIES TO SECURITY AGREEMENT
Subpart 2: RIGHTS AND DUTIES
§9-1210. Request for accounting; request regarding list of collateral or statement of account
(1).
In this section:
(a). "Request" means a record of a type described in paragraph (b), (c) or (d); [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
(b). "Request for an accounting" means a record authenticated by a debtor requesting that the recipient provide an accounting
of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject
of the request; [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
(c). "Request regarding a list of collateral" means a record authenticated by a debtor requesting that the recipient approve
or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction
or relationship that is the subject of the request; and [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
(d). "Request regarding a statement of account" means a record authenticated by a debtor requesting that the recipient approve
or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral
as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request. [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
(2).
Subject to subsections (3), (4), (5) and (6), a secured party, other than a buyer of accounts, chattel paper, payment intangibles
or promissory notes or a consignor, shall comply with a request within 20 days after receipt:
(a). In the case of a request for an accounting, by authenticating and sending to the debtor an accounting; and [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
(b). In the case of a request regarding a list of collateral or a request regarding a statement of account, by authenticating
and sending to the debtor an approval or correction. [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
(3).
A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply
with a request regarding a list of collateral by sending to the debtor an authenticated record including a statement to that
effect within 20 days after receipt.
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
(4).
A person that receives a request regarding a list of collateral, claims no interest in the collateral when it receives the
request and claimed an interest in the collateral at an earlier time shall comply with the request within 20 days after receipt
by sending to the debtor an authenticated record:
(a). Disclaiming any interest in the collateral; and [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
(b). If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient's security
interest in the collateral. [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
(5).
A person that receives a request for an accounting or a request regarding a statement of account, claims no interest in
the obligations when it receives the request and claimed an interest in the obligations at an earlier time shall comply with
the request within 20 days after receipt by sending to the debtor an authenticated record:
(a). Disclaiming any interest in the obligations; and [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
(b). If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient's interest
in the obligations. [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
(6).
A debtor is entitled without charge to one response to a request under this section during any 6-month period. The secured
party may require payment of a charge not exceeding $25 for each additional response.
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
SECTION HISTORY
1999, c. 699, §A2 (NEW).
1999, c. 699, §A4 (AFF).
Data for this page extracted on 10/16/2012 08:20:53.