N.Y. Uniform Commercial Code Law § 9-710: Transitional Provision for Maintaining and Searching Local-Filing Office Records

Section 9--710. Transitional Provision for Maintaining and Searching

Local-Filing Office Records.

(a) In this Section:

(1) "Local-filing office" means a filing office, other than the

department of state, that is designated as the proper place

to file a financing statement under Section 9-401 of Former

Article 9. The term applies only with respect to a record

that covers a type of collateral as to which the filing

office is designated in that section as the proper place to

file.

(2) "Former-Article-9 records" means:

(A) financing statements and other records that have been

filed in a local-filing office before the effective date

of this Article, and that are, or upon processing and

indexing will be, reflected in the index maintained, as

of the effective date of this Article, by the

local-filing office for financing statements and other

records filed in the local-filing office before the

effective date of this Article, and

(B) the index as of the day before the effective date of this

Article.

The term does not include records presented to a local-filing

office for filing after the effective date of this

Article, whether or not the records relate to financing

statements filed in the local-filing office before the

effective date of this Article.

(3) "Cooperative interest", "mortgage", "as-extracted

collateral", "fixture filing", "goods" and "fixtures" have

the meanings set forth in this Article.

(b) A local-filing office must not accept for filing a record

presented on or after the effective date of this Article, whether or not

the record relates to a financing statement filed in the local-filing

office before the effective date of this Article.

(c) Until at least seven years after the effective date of this

Article, each local-filing office shall maintain all former-Article-9

records in accordance with Former Article 9. A former-Article-9 record

that is not reflected on the index maintained on the day before the

effective date of this Article by the local-filing office must be

processed and indexed as soon as practicable but in any event no later

than thirty days after the effective date of this Article.

(d) Until at least seven years after the effective date of this

Article, each local-filing office shall respond to requests for

information with respect to former-Article-9 records relating to a

debtor and issue certificates, in accordance with Former Article 9. The

fees charged for responding to requests for information relating to a

debtor and issuing certificates with respect to former-Article-9 records

shall be the fees in effect under Former Article 9 on the day before the

effective date of this Article, unless a different fee is later

determined in accordance with section ninety-six-a of the executive law.

(e) Subsequent to seven years after the effective date of this

Article, each local-filing office may remove and destroy, in accordance

with any then applicable record retention law of this state, all

former-Article-9 records, including the related index.

(f) This section shall not apply, with respect to financing statements

and other records, to a filing office in which mortgages or records of

mortgages on real property are required to be filed or recorded, if:

(1) the collateral is timber to be cut or as-extracted

collateral; or

(2) the record is or relates to a financing statement filed as a

fixture filing and the collateral is goods that are or are to

become fixtures; or

(3) the collateral is a cooperative interest.