§9-1707.__Persons entitled to file initial financing statement

or continuation statement

A person may file an initial financing statement or a continuation statement under this part if:

(1)__The secured party of record authorizes the filing; and

(2)__The filing is necessary under this part:

(a)__To continue the effectiveness of a financing statement filed before this Article takes effect; or

(b)__To perfect or continue the perfection of a security interest.

Official Comment

This section permits a secured party to file an initial financing statement or continuation statement necessary under this Part to continue the effectiveness of a financing statement filed before this Article takes effect or to perfect or otherwise continue the perfection of a security interest. Because a filing described in this section typically operates to continue the effectiveness of a financing statement whose filing the debtor already has authorized, this section does not require authorization from the debtor.

§9-1708.__Priority

(1)__This Article determines the priority of conflicting claims to collateral.__However, if the relative priorities of the claims were established before this Article takes effect, former Article 9 determines priority.

(2)__For purposes of section 9-1322, subsection (1), the priority of a security interest that becomes enforceable under section 9-1203 of this Article dates from the time this Article takes effect if the security interest is perfected under this Article by the filing of a financing statement before this Article takes effect that would not have been effective to perfect the security interest under former Article 9.__This subsection does not apply to conflicting security interests, each of which is perfected by the filing of such a financing statement.