reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-515 - Duration and Effectiveness of Financing Statement; Effect of Lapsed Financing Statement.

382-A:9-515 Duration and Effectiveness of Financing Statement;  Effect of Lapsed Financing Statement. –
(a) Five-year effectiveness. Except as otherwise provided in subsections (b), (e), (f), and (g), a filed financing statement is effective for a period of 5 years after the date of filing.
(b) Public-finance or manufactured-home transaction. Except as otherwise provided in subsections (e), (f), and (g), an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of 30 years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction.
(c) Lapse and continuation of financing statement. The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (d). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value.
(d) When continuation statement may be filed. A continuation statement may be filed only within six months before the expiration of the five-year period specified in subsection (a) or the 30-year period specified in subsection (b), whichever is applicable.
(e) Effect of filing continuation statement. Except as otherwise provided in Section 9-510, upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of five years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the five-year period, the financing statement lapses in the same manner as provided in subsection (c), unless, before the lapse, another continuation statement is filed pursuant to subsection (d). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.
(f) Transmitting utility financing statement. If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed.
(g) Record of mortgage as financing statement. A record of a mortgage that is effective as a financing statement filed as a fixture filing under Section 9-502(c) remains effective as a financing statement filed as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property.
Source.
2001, 102:25, eff. July 1, 2001. 2012, 236:15, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-517 - Effect of Indexing Errors.

382-A:9-517 Effect of Indexing Errors. –
The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-518 - Claim Concerning Inaccurate or Wrongfully Filed Record.

382-A:9-518 Claim Concerning Inaccurate or Wrongfully Filed Record. –
(a) Statement with respect to record indexed under person's name. A person may file in the filing office an information statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed.
(b) Contents of statement under subsection (a). An information statement under subsection (a) must:
(1) identify the record to which it relates by:
(A) the file number assigned to the initial financing statement to which the record relates; and
(B) if the information statement relates to a record filed in a filing office described in Section 9-501(a)(1):
(i) the book and page number of the initial financing statement, or if a book and page number has not yet been assigned to the initial financing statement, the instrument number of the initial financing statement and the date on which the initial financing statement was filed;
(ii) the information specified in Section 9-502(b)(4); and
(iii) the name of the debtor;
(2) indicate that it is an information statement; and
(3) provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.
(c) Statement by secured party of record. A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under Section 9-509(d).
(d) Contents of statement under subsection (c). An information statement under subsection (c) must:
(1) identify the record to which it relates by:
(A) the file number assigned to the initial financing statement to which the record relates; and
(B) if the information statement relates to a record filed in a filing office described in Section 9-501(a)(1), the date that the initial financing statement was filed and the information specified in Section 9-502(b);
(2) indicate that it is an information statement; and
(3) provide the basis for the person's belief that the person that filed the record was not entitled to do so under Section 9-509(d).
(e) Record not affected by information statement. The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.
Source.
2001, 102:25, eff. July 1, 2001. 2012, 236:17, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-520 - Acceptance and Refusal to Accept Record.

382-A:9-520 Acceptance and Refusal to Accept Record. –
(a) Mandatory refusal to accept record. A filing office shall refuse to accept a record for filing for a reason set forth in Section 9-516(b) and may refuse to accept a record for filing only for a reason set forth in Section 9-516(b).
(b) Communication concerning refusal. If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule but, in the case of a filing office described in Section 9-501(a)(2), in no event more than three business days after the filing office receives the record.
(c) When filed financing statement effective. A filed financing statement satisfying Section 9-502(a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a). However, Section 9-338 applies to a filed financing statement providing information described in Section 9-516(b)(5) which is incorrect at the time the financing statement is filed.
(d) Separate application to multiple debtors. If a record communicated to a filing office provides information that relates to more than one debtor, this part applies as to each debtor separately.
(e) Fees to be retained upon refusal. If a filing office refuses to accept a record for filing pursuant to subsection (a), the filing office may retain any fees submitted with the record under Section 9-525. In such event, any corrected resubmission of a record for filing must be accompanied by new fees in the amount required by Section 9-525.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-521 - Uniform Form of Written Financing Statement and Amendment.

382-A:9-521 Uniform Form of Written Financing Statement and Amendment. –
A filing office that accepts written records shall not refuse to accept a written initial financing statement, addendum, or amendment in the form and format set forth in the official text of the 2010 amendments to Article 9 of the Uniform Commercial Code promulgated by the American Law Institute and the Uniform Law Commission, or in such form and format as may be subsequently adopted by the American Law Institute, the Uniform Law Commission, or the International Association of Commercial Administrators, except for a reason set forth in Section 9-516(b).
Source.
2001, 102:25, eff. July 1, 2001. 2012, 236:18, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-522 - Maintenance and Destruction of Records.

382-A:9-522 Maintenance and Destruction of Records. –
(a) Post-lapse maintenance and retrieval of information. The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under Section 9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and:
(1) if the record was filed or recorded in the filing office described in Section 9-501(a)(1), by using: the information specified in Section 9-502(b)(4); or
(2) if the record was filed in the filing office described in Section 9-501(a)(2), by using the file number assigned to the initial financing statement to which the record relates.
(b) Destruction of written records. Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a).
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-524 - Delay by Filing Office.

382-A:9-524 Delay by Filing Office. –
Delay by the filing office beyond a time limit prescribed by this part is excused if:
(1) the delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, temporary insufficiency of assigned personnel, or other circumstances beyond control of the filing office; and
(2) the filing office exercises reasonable diligence under the circumstances.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-526 - Filing-Office Rules.

382-A:9-526 Filing-Office Rules. –
(a) Adoption of filing-office rules. The office of the secretary of state shall adopt and publish rules to implement this article. The filing-office rules must be consistent with this article, but shall not be subject to the provisions of RSA 541-A.
(b) Harmonization of rules. To keep the filing-office rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this part, and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this part, the office of the secretary of state, so far as is consistent with the purposes, policies, and provisions of this article, in adopting, amending, and repealing filing-office rules, shall:
(1) consult with filing offices in other jurisdictions that enact substantially this part; and
(2) consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization; and
(3) take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this part.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-527 - Disposition of Funds.

382-A:9-527 Disposition of Funds. –
(a) Administration. The state treasurer shall pay the expenses of administering, staffing, maintaining, and improving the services provided by the secretary of state under this chapter, RSA 439, RSA 454-C, RSA 478:17-g, and related laws out of any money in the treasury not otherwise appropriated until the fees collected by the secretary of state pursuant to this chapter and such other chapters and related laws have been received, notwithstanding any other provision of law. Thereafter the state treasurer shall pay such expenses out of such fees and shall reimburse the treasury for previous expenses paid. The governor is authorized to draw his or her warrant for the sums authorized by this section out of any money in the treasury not otherwise appropriated.
(b) Disbursements to city and town clerks. The secretary of state shall instruct the state treasurer to disburse to individual New Hampshire city and town clerks amounts allocable to them pursuant to Section 9-525(i)(2). Such disbursements shall be made no less frequently than once in fiscal year 2002, semiannually in fiscal year 2003, and quarterly thereafter.
(c) Discretionary payments. The secretary of state shall have the discretion to make periodic allocations of moneys from the funds referenced in subsection (a) to town or city clerks who are determined by the secretary of state to be receiving less than their fair share of fees under Section 9-525(i)(2) on account of a substantial number of resident debtors having mailing addresses in an adjacent town or city, and who are also in compliance with Section 9-525(j).
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-528 - Social Security Numbers Not to be Filed or Disclosed.

382-A:9-528 Social Security Numbers Not to be Filed or Disclosed. –
Where a record submitted for filing under this part contains the social security number of a debtor who is an individual, such number shall be expunged prior to filing. Where a filed record contains the social security number of such a debtor, the number shall not be included in any record made available or released to the public, including under Section 9-523(c), (f), (g), or (h). This section shall not apply to taxpayer identification numbers of debtors that are not individuals, to records filed pursuant to laws other than this chapter that reference this chapter, this article, or this part, or to records filed in a filing office described in Section 9-501(a)(1).
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-529 - Fraudulent Filing.

382-A:9-529 Fraudulent Filing. –
(a) Fraudulent filing. A person may not intentionally or knowingly present for filing or cause to be presented for filing a financing statement if the person knows that:
(1) the filing of the financing statement has not been authorized pursuant to Section 9-509 or 9-708, and the person does not have a good-faith expectation that proper authorization will be given in a pending transaction;
(2) the financing statement contains a material false statement (including a false name or identification number); or
(3) the financing statement is groundless.
(b) Liability. A person who violates subsection (a) is liable to the owner of property covered by the financing statement or the secured party, as the case may be, for:
(1) the greater of $5,000 or the person's actual damages;
(2) court costs; and
(3) reasonable attorney's fees.
(c) Remedy. An owner of an interest in property covered by a fraudulent financing statement described in subsection (a) may, in addition to any other remedy provided by law, file suit in a court of suitable jurisdiction, requesting specific relief including, but not limited to, release or cancellation of such fraudulent financing statement. In the event the person who filed the fraudulent financing statement cannot be located or is a fictitious person, then the owner may serve the known or unknown defendant by certified mail to the address indicated on the financing statement.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-601 - Rights After Default; Judicial Enforcement; Consignor or Buyer of Accounts, Chattel Paper, Payment Intangibles, or Promissory Notes.

382-A:9-601 Rights After Default;  Judicial Enforcement;  Consignor or Buyer of Accounts, Chattel Paper, Payment Intangibles, or Promissory Notes. –
(a) Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in Section 9-602, those provided by agreement of the parties. A secured party:
(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
(2) if the collateral is documents, may proceed either as to the documents or as to the goods they cover.
(b) Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under Section 7-106, 9-104, 9-105, 9-106, 9-107, or 9-107A has the rights and duties provided in Section 9-207.
(c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.
(d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and Section 9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.
(e) Lien of levy after judgment. If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:
(1) the date of perfection of the security interest or agricultural lien in the collateral;
(2) the date of filing a financing statement covering the collateral; or
(3) any date specified in a statute under which the agricultural lien was created.
(f) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this article.
(g) Consignor or buyer of certain rights to payment. Except as otherwise provided in Section 9-607(c), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
Source.
2001, 102:25, eff. July 1, 2001. 2006, 169:47, eff. Jan. 1, 2007. 2022, 281:75, eff. Jan. 1, 2023. 2023, 236:104, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-602 - Waiver and Variance of Rights and Duties.

382-A:9-602 Waiver and Variance of Rights and Duties. –
Except as otherwise provided in Section 9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:
(1) Section 9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;
(2) Section 9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
(3) Section 9-607(c), which deals with collection and enforcement of collateral;
(4) Sections 9-608(a) and 9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
(5) Sections 9-608(a) and 9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;
(6) Section 9-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;
(7) Sections 9-610(b), 9-611, 9-613, and 9-614, which deal with disposition of collateral;
(8) Section 9-615(f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;
(9) Section 9-616, which deals with explanation of the calculation of a surplus or deficiency;
(10) Sections 9-620, 9-621, and 9-622, which deal with acceptance of collateral in satisfaction of obligation;
(11) Section 9-623, which deals with redemption of collateral;
(12) Section 9-624, which deals with permissible waivers; and
(13) Sections 9-625 and 9-626, which deal with the secured party's liability for failure to comply with this article.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-603 - Agreement on Standards Concerning Rights and Duties.

382-A:9-603 Agreement on Standards Concerning Rights and Duties. –
(a) Agreed standards. The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in Section 9-602 if the standards are not manifestly unreasonable.
(b) Agreed standards inapplicable to breach of peace. Subsection (a) does not apply to the duty under Section 9-609 to refrain from breaching the peace.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-604 - Procedure if Security Agreement Covers Real Property or Fixtures.

382-A:9-604 Procedure if Security Agreement Covers Real Property or Fixtures. –
(a) Enforcement: personal and real property. If a security agreement covers both personal and real property, a secured party may proceed:
(1) under this part as to the personal property without prejudicing any rights with respect to the real property; or
(2) as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.
(b) Enforcement: fixtures. Subject to subsection (c), if a security agreement covers goods that are or become fixtures, a secured party may proceed:
(1) under this part; or
(2) in accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.
(c) Removal of fixtures. Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.
(d) Injury caused by removal. A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-605 - Unknown Debtor or Secondary Obligor.

382-A:9-605 Unknown Debtor or Secondary Obligor. –
(a) When no duty owed by secured party. Except as provided in subsection (b), a secured party does not owe a duty based on its status as secured party:
(1) to a person that is a debtor or obligor, unless the secured party knows:
(A) that the person is a debtor or obligor;
(B) the identity of the person; and
(C) how to communicate with the person; or
(2) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
(A) that the person is a debtor; and
(B) the identity of the person.
(b) Secured party owes duty to debtor or obligor. A secured party owes a duty based on its status as a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later:
(1) the person is a debtor or obligor; and
(2) the secured party knows that the information in subsection (a)(1)(A), (B), or (C) relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.
Source.
2001, 102:25, eff. July 1, 2001. 2022, 281:76, eff. Jan. 1, 2023. 2023, 236:66, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-606 - Time of Default for Agricultural Lien.

382-A:9-606 Time of Default for Agricultural Lien. –
For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-607 - Collection and Enforcement by Secured Party.

382-A:9-607 Collection and Enforcement by Secured Party. –
(a) Collection and enforcement generally. If so agreed, and in any event after default, a secured party:
(1) may notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;
(2) may take any proceeds to which the secured party is entitled under Section 9-315;
(3) may enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral;
(4) if it holds a security interest in a deposit account perfected by control under Section 9-104(a)(1), may apply the balance of the deposit account to the obligation secured by the deposit account; and
(5) if it holds a security interest in a deposit account perfected by control under Section 9-104(a)(2) or (3), may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.
(b) Nonjudicial enforcement of mortgage. If necessary to enable a secured party to exercise under subsection (a)(3) the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded:
(1) a copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and
(2) the secured party's sworn affidavit in recordable form stating that:
(A) a default has occurred with respect to the obligation secured by the mortgage; and
(B) the secured party is entitled to enforce the mortgage nonjudicially.
(c) Commercially reasonable collection and enforcement. A secured party shall proceed in a commercially reasonable manner if the secured party:
(1) undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and
(2) is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.
(d) Expenses of collection and enforcement. A secured party may deduct from the collections made pursuant to subsection (c) reasonable expenses of collection and enforcement, including reasonable attorney's fees and legal expenses incurred by the secured party.
(e) Duties to secured party not affected. This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.
Source.
2001, 102:25, eff. July 1, 2001. 2012, 236:19, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-608 - Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus.

382-A:9-608 Application of Proceeds of Collection or Enforcement;  Liability for Deficiency and Right to Surplus. –
(a) Application of proceeds, surplus, and deficiency if obligation secured. If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:
(1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under Section 9-607 in the following order to:
(A) the reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party;
(B) the satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and
(C) the satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives a signed demand for proceeds before distribution of the proceeds is completed.
(2) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holder's demand under paragraph (1)(C).
(3) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under Section 9-607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.
(4) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency.
(b) No surplus or deficiency in sales of certain rights to payment. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency.
Source.
2001, 102:25, eff. July 1, 2001. 2023, 236:67, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-609 - Secured Party's Right to Take Possession After Default.

382-A:9-609 Secured Party's Right to Take Possession After Default. –
(a) Possession; rendering equipment unusable; disposition on debtor's premises. After default, a secured party:
(1) may take possession of the collateral; and
(2) without removal, may render equipment unusable and dispose of collateral on a debtor's premises under Section 9-610.
(b) Judicial and nonjudicial process. A secured party may proceed under subsection (a):
(1) pursuant to judicial process; or
(2) without judicial process, if it proceeds without breach of the peace.
(c) Assembly of collateral. If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-610 - Disposition of Collateral After Default.

382-A:9-610 Disposition of Collateral After Default. –
(a) Disposition after default. After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.
(b) Commercially reasonable disposition. Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms.
(c) Purchase by secured party. A secured party may purchase collateral:
(1) at a public disposition; or
(2) at a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.
(d) Warranties on disposition. A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract.
(e) Disclaimer of warranties. A secured party may disclaim or modify warranties under subsection (d):
(1) in a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or
(2) by communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.
(f) Record sufficient to disclaim warranties. A record is sufficient to disclaim warranties under subsection (e) if it indicates "There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition" or uses words of similar import.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-611 - Notification Before Disposition of Collateral.

382-A:9-611 Notification Before Disposition of Collateral. –
(a) "Notification date." In this section, "notification date" means the earlier of the date on which:
(1) a secured party sends to the debtor and any secondary obligor a signed notification of disposition; or
(2) the debtor and any secondary obligor waive the right to notification.
(b) Notification of disposition required. Except as otherwise provided in subsection (d), a secured party that disposes of collateral under Section 9-610 shall send to the persons specified in subsection (c) a reasonable signed notification of disposition.
(c) Persons to be notified. To comply with subsection (b), the secured party shall send a signed notification of disposition to:
(1) the debtor;
(2) any secondary obligor; and
(3) if the collateral is other than consumer goods:
(A) any other person from which the secured party has received, before the notification date, a signed notification of a claim of an interest in the collateral;
(B) any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
(i) identified the collateral;
(ii) was indexed under the debtor's name as of that date; and
(iii) was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and
(C) any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in Section 9-311(a).
(d) Subsection (b) inapplicable: perishable collateral; recognized market. Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.
(e) Compliance with subsection (c)(3)(B). A secured party complies with the requirement for notification prescribed by subsection (c)(3)(B) if:
(1) not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor's name in the office indicated in subsection (c)(3)(B); and
(2) before the notification date, the secured party:
(A) did not receive a response to the request for information; or
(B) received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.
Source.
2001, 102:25, eff. July 1, 2001. 2022, 281:77, eff. Jan. 1, 2023. 2023, 236:68, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-612 - Timeliness of Notification Before Disposition of Collateral.

382-A:9-612 Timeliness of Notification Before Disposition of Collateral. –
(a) Reasonable time is question of fact. Except as otherwise provided in subsection (b), whether a notification is sent within a reasonable time is a question of fact.
(b) 10-day period sufficient in non-consumer transaction. In a transaction other than a consumer transaction, a notification of disposition sent after default and 10 days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-617 - Rights of Transferee of Collateral.

382-A:9-617 Rights of Transferee of Collateral. –
(a) Effects of disposition. A secured party's disposition of collateral after default:
(1) transfers to a transferee for value all of the debtor's rights in the collateral;
(2) discharges the security interest under which the disposition is made; and
(3) discharges any subordinate security interest or other subordinate lien.
(b) Rights of good-faith transferee. A transferee that acts in good faith takes free of the rights and interests described in subsection (a), even if the secured party fails to comply with this article or the requirements of any judicial proceeding.
(c) Rights of other transferee. If a transferee does not take free of the rights and interests described in subsection (a), the transferee takes the collateral subject to:
(1) the debtor's rights in the collateral;
(2) the security interest or agricultural lien under which the disposition is made; and
(3) any other security interest or other lien.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-618 - Rights and Duties of Certain Secondary Obligors.

382-A:9-618 Rights and Duties of Certain Secondary Obligors. –
(a) Rights and duties of secondary obligor. A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor:
(1) receives an assignment of a secured obligation from the secured party;
(2) receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party; or
(3) is subrogated to the rights of a secured party with respect to collateral.
(b) Effect of assignment, transfer, or subrogation. An assignment, transfer, or subrogation described in subsection (a):
(1) is not a disposition of collateral under Section 9-610; and
(2) relieves the secured party of further duties under this article.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-619 - Transfer of Record or Legal Title.

382-A:9-619 Transfer of Record or Legal Title. –
(a) "Transfer statement." In this section, "transfer statement" means a record signed by a secured party stating:
(1) that the debtor has defaulted in connection with an obligation secured by specified collateral;
(2) that the secured party has exercised its post-default remedies with respect to the collateral;
(3) that, by reason of the exercise, a transferee has acquired the rights of the debtor in the collateral; and
(4) the name and mailing address of the secured party, debtor, and transferee.
(b) Effect of transfer statement. A transfer statement entitles the transferee to the transfer of record of all rights of the debtor in the collateral specified in the statement in any official filing, recording, registration, or certificate-of-title system covering the collateral. If a transfer statement is presented with the applicable fee and request form to the official or office responsible for maintaining the system, the official or office shall:
(1) accept the transfer statement;
(2) promptly amend its records to reflect the transfer; and
(3) if applicable, issue a new appropriate certificate of title in the name of the transferee.
(c) Transfer not a disposition; no relief of secured party's duties. A transfer of the record or legal title to collateral to a secured party under subsection (b) or otherwise is not of itself a disposition of collateral under this article and does not of itself relieve the secured party of its duties under this article.
Source.
2001, 102:25, eff. July 1, 2001. 2023, 236:74, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-621 - Notification of Proposal to Accept Collateral.

382-A:9-621 Notification of Proposal to Accept Collateral. –
(a) Persons to which proposal to be sent. A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to:
(1) any person from which the secured party has received, before the debtor consented to the acceptance, a signed notification of a claim of an interest in the collateral;
(2) any other secured party or lienholder that, 10 days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
(A) identified the collateral;
(B) was indexed under the debtor's name as of that date; and
(C) was filed in the office or offices in which to file a financing statement against the debtor covering the collateral as of that date; and
(3) any other secured party that, 10 days before the debtor consented to the acceptance, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in Section 9-311(a).
(b) Proposal to be sent to secondary obligor in partial satisfaction. A secured party that desires to accept collateral in partial satisfaction of the obligation it secures shall send its proposal to any secondary obligor in addition to the persons described in subsection (a).
Source.
2001, 102:25, eff. July 1, 2001. 2023, 236:79, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-622 - Effect of Acceptance of Collateral.

382-A:9-622 Effect of Acceptance of Collateral. –
(a) Effect of acceptance. A secured party's acceptance of collateral in full or partial satisfaction of the obligation it secures:
(1) discharges the obligation to the extent consented to by the debtor;
(2) transfers to the secured party all of a debtor's rights in the collateral;
(3) discharges the security interest or agricultural lien that is the subject of the debtor's consent and any subordinate security interest or other subordinate lien; and
(4) terminates any other subordinate interest.
(b) Discharge of subordinate interest notwithstanding noncompliance. A subordinate interest is discharged or terminated under subsection (a), even if the secured party fails to comply with this article.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-623 - Right to Redeem Collateral.

382-A:9-623 Right to Redeem Collateral. –
(a) Persons that may redeem. A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral.
(b) Requirements for redemption. To redeem collateral, a person shall tender:
(1) fulfillment of all obligations secured by the collateral; and
(2) the reasonable expenses and attorney's fees described in Section 9-615(a)(1).
(c) When redemption may occur. A redemption may occur at any time before a secured party:
(1) has collected collateral under Section 9-607;
(2) has disposed of collateral or entered into a contract for its disposition under Section 9-610; or
(3) has accepted collateral in full or partial satisfaction of the obligation it secures under Section 9-622.
Source.
2001, 102:25, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-624 - Waiver.

382-A:9-624 Waiver. –
(a) Waiver of disposition notification. A debtor or secondary obligor may waive the right to notification of disposition of collateral under Section 9-611 only by an agreement to that effect entered into and signed after default.
(b) Waiver of mandatory disposition. A debtor may waive the right to require disposition of collateral under Section 9-620(e) only by an agreement to that effect entered into and signed after default.
(c) Waiver of redemption right. Except in a consumer-goods transaction, a debtor or secondary obligor may waive the right to redeem collateral under Section 9-623 only by an agreement to that effect entered into and signed after default.
Source.
2001, 102:25, eff. July 1, 2001. 2023, 236:80, eff. Oct. 7, 2023.