A person may file an initial financing statement or a continuation statement under Sections 145 through 152 of this act if:

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

(2) the filing is necessary under Sections 145 through 153 of this act:

(A) to continue the effectiveness of a financing statement filed before July 1, 2001; or

(B) to perfect or continue the perfection of a security interest.

History: Laws 2001, ch. 139, § 152.

OFFICIAL COMMENTS

UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.

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 July 1, 2001, 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.

Effective dates. — Laws 2001, ch. 139, § 155 makes the Uniform Commercial Code - Secured Transactions Act effective July 1, 2001.

Compiler's notes. — The references to Sections 145 through 152 of this act and 145 through 153 of this act, should apparently refer to Laws 2001, ch. 139, Sections 146 through 152 [55-9-702 through 55-9-708 NMSA 1978] and 146 through 153 [55-9-702 through 55-9-709 NMSA 1978]. Laws 2001, ch. 139, § 145 is codified at 55-8-510 NMSA 1978.