reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-626 - Action in Which Deficiency or Surplus is in Issue.

382-A:9-626 Action in Which Deficiency or Surplus is in Issue. –
(a) Applicable rules if amount of deficiency or surplus in issue. In an action arising from a transaction, other than a consumer transaction, in which the amount of a deficiency or surplus is in issue, the following rules apply:
(1) A secured party need not prove compliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party's compliance in issue.
(2) If the secured party's compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part.
(3) Except as otherwise provided in Section 9-628, if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney's fees exceeds the greater of:
(A) the proceeds of the collection, enforcement, disposition, or acceptance; or
(B) the amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance.
(4) For purposes of paragraph (3)(B), the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney's fees unless the secured party proves that the amount is less than that sum.
(5) If a deficiency or surplus is calculated under Section 9-615(f), the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.
(b) Non-consumer transactions; no inference. The limitation of the rules in subsection (a) to transactions other than consumer transactions is intended to leave to the court the determination of the proper rules in consumer transactions. The court may not infer from that limitation the nature of the proper rule in consumer transactions and may continue to apply established approaches.
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:9-627 - Determination of Whether Conduct Was Commercially Reasonable.

382-A:9-627 Determination of Whether Conduct Was Commercially Reasonable. –
(a) Greater amount obtainable under other circumstances; no preclusion of commercial reasonableness. The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner.
(b) Dispositions that are commercially reasonable. A disposition of collateral is made in a commercially reasonable manner if the disposition is made:
(1) in the usual manner on any recognized market;
(2) at the price current in any recognized market at the time of the disposition; or
(3) otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.
(c) Approval by court or on behalf of creditors. A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:
(1) in a judicial proceeding;
(2) by a bona fide creditors' committee;
(3) by a representative of creditors; or
(4) by an assignee for the benefit of creditors.
(d) Approval under subsection (c) not necessary; absence of approval has no effect. Approval under subsection (c) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.
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:9-701 - Effective Date.

382-A:9-701 Effective Date. –
This Act takes effect on July 1, 2001. References in this part to "this Act" refer to the legislative enactment by which this part is added to RSA 382-A:9. References in this part to "former Article 9" refer to RSA 382-A:9 as in effect immediately before this Act takes effect.
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:9-702 - Savings Clause.

382-A:9-702 Savings Clause. –
(a) Pre-effective-date transactions or liens. Except as otherwise provided in this part, this Act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this Act takes effect.
(b) Continuing validity. Except as otherwise provided in subsection (c) and Sections 9-703 through 9-709:
(1) transactions and liens that were not governed by former Article 9, were validly entered into or created before this Act takes effect, and would be subject to this Act if they had been entered into or created after this Act takes effect, and the rights, duties, and interests flowing from those transactions and liens remain valid after this Act takes effect; and
(2) the transactions and liens may be terminated, completed, consummated, and enforced as required or permitted by this Act or by the law that otherwise would apply if this Act had not taken effect.
(c) Pre-effective-date proceedings. This Act does not affect an action, case, or proceeding commenced before this Act takes effect.
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:9-703 - Security Interest Perfected Before Effective Date.

382-A:9-703 Security Interest Perfected Before Effective Date. –
(a) Continuing priority over lien creditor: perfection requirements satisfied. A security interest that is enforceable immediately before this Act takes effect and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this Act if, when this Act takes effect, the applicable requirements for enforceability and perfection under this Act are satisfied without further action.
(b) Continuing priority over lien creditor: perfection requirements not satisfied. Except as otherwise provided in Section 9-705, if, immediately before this Act takes effect, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this Act are not satisfied when this Act takes effect, the security interest:
(1) is a perfected security interest for one year after this Act takes effect;
(2) remains enforceable thereafter only if the security interest becomes enforceable under Section 9-203 before the year expires; and
(3) remains perfected thereafter only if the applicable requirements for perfection under this Act are satisfied before the year expires.
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:9-704 - Security Interest Unperfected Before Effective Date.

382-A:9-704 Security Interest Unperfected Before Effective Date. –
A security interest that is enforceable immediately before this Act takes effect but which would be subordinate to the rights of a person that becomes a lien creditor at that time:
(1) remains an enforceable security interest for one year after this Act takes effect;
(2) remains enforceable thereafter if the security interest becomes enforceable under Section 9-203 when this Act takes effect or within one year thereafter; and
(3) becomes perfected:
(A) without further action, when this Act takes effect if the applicable requirements for perfection under this Act are satisfied before or at that time; or
(B) when the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
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:9-706 - When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement.

382-A:9-706 When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement. –
(a) Initial financing statement in lieu of continuation statement. The filing of an initial financing statement in the office specified in Section 9-501 continues the effectiveness of a financing statement filed before this Act takes effect if:
(1) the filing of an initial financing statement in that office would be effective to perfect a security interest under this Act;
(2) the pre-effective-date financing statement was filed in an office in another State or another office in this State; and
(3) the initial financing statement satisfies subsection (c).
(b) Period of continued effectiveness. The filing of an initial financing statement under subsection (a) continues the effectiveness of the pre-effective-date financing statement:
(1) if the initial financing statement is filed before this Act takes effect, for the period provided in Section 9-403 of former Article 9 with respect to a financing statement; and
(2) if the initial financing statement is filed after this Act takes effect, for the period provided in Section 9-515 with respect to an initial financing statement.
(c) Requirements for initial financing statement under subsection (a). To be effective for purposes of subsection (a), an initial financing statement must:
(1) satisfy the requirements of Part 5 for an initial financing statement;
(2) identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(3) indicate that the pre-effective-date financing statement remains effective.
(d) Copy of pre-effective-date financing statement to be attached. Photocopies of the pre-effective-date financing statement and any related amendments, continuations, and assignments, all as filed in the office referred to in subsection (a)(2), may be, but are not required to be, attached to the initial financing statement filed under subsection (a). Such photocopies need not be certified.
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:9-707 - Amendment of Pre-Effective-Date Financing Statement.

382-A:9-707 Amendment of Pre-Effective-Date Financing Statement. –
(a) "Pre-effective-date financing statement". In this section, "pre-effective-date financing statement" means a financing statement filed before this Act takes effect.
(b) Applicable law. After this Act takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Method of amending; general rule. Except as otherwise provided in subsection (d), if the law of this State governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after this Act takes effect only if:
(1) the pre-effective-date financing statement and an amendment are filed in the office specified in Section 9-501;
(2) an amendment is filed in the office specified in Section 9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies Section 9-706(c); or
(3) an initial financing statement that provides the information as amended and satisfies Section 9-706(c) is filed in the office specified in Section 9-501.
(d) Method of amending: continuation. If the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under Section 9-705(d) and (f) or 9-706.
(e) Method of amending: additional termination rule. Whether or not the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this State may be terminated after this Act takes effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies Section 9-706(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3 as the office in which to file a 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:9-708 - Persons Entitled to File Initial Financing Statement or Continuation Statement.

382-A:9-708 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 Act takes effect; or
(B) to perfect or continue the perfection of a security interest.
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:9-709 - Priority.

382-A:9-709 Priority. –
(a) Law governing priority. This Act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this Act takes effect, former Article 9 determines priority.
(b) Priority if security interest becomes enforceable under Section 9-203. For purposes of Section 9-322(a), the priority of a security interest that becomes enforceable under Section 9-203 of this Act dates from the time this Act takes effect if the security interest is perfected under this Act by the filing of a financing statement before this Act takes effect which 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.
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:9-710 - Former Filing Office Duties.

382-A:9-710 Former Filing Office Duties. –
(a) Maintenance and destruction of records. Every city or town clerk's office ("former filing office") shall maintain a record of every financing statement filed with such office under former Article 9 until the earlier of one year after a termination statement is filed with respect to such financing statement or June 30, 2007. As of July 1, 2007, all remaining records of, or relating to, financing statements filed in such office under former Article 9 may be destroyed.
(b) Acceptance or rejection of filings. A former filing office shall accept for filing any termination statement relating to a financing statement filed with such office under former Article 9. The fee for filing such a termination statement shall be $15, and shall be retained by the former filing office. A former filing office shall not accept or file any initial financing statement or any other record relating to a financing statement filed with such office under former Article 9.
(c) Communication of requested information. Until July 1, 2007, a former filing office shall respond to a request for information concerning its records in the same way and to the same extent as is required of a filing office under Section 9-523(c), (d), and (e), and shall be entitled to charge and retain the same fees as are prescribed in Section 9-525(d). Such a request for information shall be prepared, submitted, and processed separately from a request for information submitted under Section 9-523(g), and the fees prescribed in Section 9-525(d) shall apply separately to each request and the response thereto.
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:9-801 - Effective Date.

382-A:9-801 Effective Date. –
This act takes effect on July 1, 2013. As used in this part, "act" means the legislation enacting the 2010 amendments to Article 9.
Source.
2012, 236:21, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-802 - Savings Clause.

382-A:9-802 Savings Clause. –
(a) Pre-effective-date transactions or liens. Except as otherwise provided in this part, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this act takes effect.
(b) Pre-effective-date proceedings. This act does not affect an action, case, or proceeding commenced before this act takes effect.
Source.
2012, 236:21, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-803 - Security Interest Perfected Before Effective Date.

382-A:9-803 Security Interest Perfected Before Effective Date. –
(a) Continuing perfection: perfection requirements satisfied. A security interest that is a perfected security interest immediately before this act takes effect is a perfected security interest under Article 9 as amended by this act if, when this act takes effect, the applicable requirements for attachment and perfection under Article 9 as amended by this act are satisfied without further action.
(b) Continuing perfection: perfection requirements not satisfied. Except as otherwise provided in Section 9-805, if, immediately before this act takes effect, a security interest is a perfected security interest, but the applicable requirements for perfection under Article 9 as amended by this act are not satisfied when this act takes effect, the security interest remains perfected thereafter only if the applicable requirements for perfection under Article 9 as amended by this act are satisfied within one year after this act takes effect.
Source.
2012, 236:21, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-804 - Security Interest Unperfected Before Effective Date.

382-A:9-804 Security Interest Unperfected Before Effective Date. –
A security interest that is an unperfected security interest immediately before this act takes effect becomes a perfected security interest:
(1) without further action, when this act takes effect if the applicable requirements for perfection under Article 9 as amended by this act are satisfied before or at that time; or
(2) when the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
Source.
2012, 236:21, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-806 - When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement.

382-A:9-806 When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement. –
(a) Initial financing statement in lieu of continuation statement. The filing of an initial financing statement in the office specified in Section 9-501 continues the effectiveness of a financing statement filed before this act takes effect if:
(1) the filing of an initial financing statement in that office would be effective to perfect a security interest under Article 9 as amended by this act;
(2) the pre-effective-date financing statement was filed in an office in another State; and
(3) the initial financing statement satisfies subsection (c).
(b) Period of continued effectiveness. The filing of an initial financing statement under subsection (a) continues the effectiveness of the pre-effective-date financing statement:
(1) if the initial financing statement is filed before this act takes effect, for the period provided in unamended Section 9-515 with respect to an initial financing statement; and
(2) if the initial financing statement is filed after this act takes effect, for the period provided in Section 9-515 as amended by this act with respect to an initial financing statement.
(c) Requirements for initial financing statement under subsection (a). To be effective for purposes of subsection (a), an initial financing statement must:
(1) satisfy the requirements of Part 5 as amended by this act for an initial financing statement;
(2) identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(3) indicate that the pre-effective-date financing statement remains effective.
Source.
2012, 236:21, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-807 - Amendment of Pre-Effective-Date Financing Statement.

382-A:9-807 Amendment of Pre-Effective-Date Financing Statement. –
(a) "Pre-effective-date financing statement". In this section, "pre-effective-date financing statement" means a financing statement filed before this act takes effect.
(b) Applicable law. After this act takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Article 9 as amended by this act. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Method of amending: general rule. Except as otherwise provided in subsection (d), if the law of this State governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after this act takes effect only if:
(1) the pre-effective-date financing statement and an amendment are filed in the office specified in Section 9-501;
(2) an amendment is filed in the office specified in Section 9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies Section 9-806(c); or
(3) an initial financing statement that provides the information as amended and satisfies Section 9-806(c) is filed in the office specified in Section 9-501.
(d) Method of amending: continuation. If the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under Section 9-805(c) and (e) or 9-806.
(e) Method of amending: additional termination rule. Whether or not the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this State may be terminated after this act takes effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies Section 9-806(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Article 9 as amended by this act as the office in which to file a financing statement.
Source.
2012, 236:21, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-808 - Person Entitled to File Initial Financing Statement or Continuation Statement.

382-A:9-808 Person 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 act takes effect; or
(B) to perfect or continue the perfection of a security interest.
Source.
2012, 236:21, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:9-809 - Priority.

382-A:9-809 Priority. –
This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this act takes effect, Article 9 as it existed before amendment determines priority.
Source.
2012, 236:21, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:12-101 - Short Title.

382-A:12-101 Short Title. –
This article may be cited as Uniform Commercial Code-Controllable Electronic Records.
Source.
2022, 281:81, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:12-102 - Definitions.

382-A:12-102 Definitions. –
(a) Article 12 definitions. In this article:
(1) "Controllable electronic record" means a record stored in an electronic medium that can be subjected to control under Section 12-105. The term does not include a controllable account, a controllable payment intangible, a deposit account, an electronic copy of a record evidencing chattel paper, an electronic document of title, investment property, a transferable record, or an electronic record that is currently authorized or adopted by a domestic or foreign government and is not a medium of exchange that was recorded and transferable in a system that existed and operated for the medium of exchange before the medium of exchange was authorized or adopted by a government.
(2) "Qualifying purchaser" means a purchaser of a controllable electronic record or an interest in the controllable electronic record that obtains control of the controllable electronic record for value, in good faith, and without notice of a claim of a property right in the controllable electronic record.
(3) "Transferable record" has the meaning provided for that term in:
(A) Section 201(a)(1) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., as amended; or
(B) "Transferable record" as defined in Uniform Electronic Transactions Act Section 16(a).
(4) "Value" has the meaning provided in Section 3-303(a).
(b) Definitions in Article 9. The definitions in Article 9 of "account debtor", "controllable account", "controllable payment intangible", "chattel paper", "deposit account", and "investment property" apply to this article.
Source.
2022, 281:81, eff. Jan. 1, 2023. 2023, 236:82, 105, 106, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:12-103 - Relationship to Article 9 and Consumer Laws.

382-A:12-103 Relationship to Article 9 and Consumer Laws. –
(a) Article 9 governs in case of conflict. If there is conflict between this article and Article 9, Article 9 governs.
(b) Applicable consumer law and other laws. A transaction subject to this article is subject to any applicable rule of law that establishes a different rule for consumers and [insert reference to (i) any other statute or regulation that regulates the rates, charges, agreements, and practices for loans, credit sales, or other extensions of credit and (ii) any consumer-protection statute or regulation].
Source.
2022, 281:81, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:12-104 - Rights in Controllable Account, Controllable Electronic Record, and Controllable Payment Intangible.

382-A:12-104 Rights in Controllable Account, Controllable Electronic Record, and Controllable Payment Intangible. –
(a) Applicability of section to controllable account and controllable payment intangible. This section applies to the acquisition and purchase of rights in a controllable account or controllable payment intangible, including the rights and benefits of a purchaser and a qualifying purchaser under subsections (d), (e), (g), and (h), in the same manner this section applies to a controllable electronic record.
(b) Control of controllable account and controllable payment intangible. To determine whether a purchaser of a controllable account or a controllable payment intangible is a qualifying purchaser, the purchaser obtains control of the account or payment intangible if it obtains control of the controllable electronic record that evidences the account or payment intangible.
(c) Applicability of other law to acquisition of rights. Except as provided in this section, law other than this article determines whether a person acquires a right in a controllable electronic record and the right the person acquires.
(d) Shelter principle and purchase of limited interest. A purchaser of a controllable electronic record acquires all rights in the controllable electronic record that the transferor had or had power to transfer, except that a purchaser of a limited interest in a controllable electronic record acquires rights only to the extent of the interest purchased.
(e) Rights of qualifying purchaser. A qualifying purchaser acquires its rights in the controllable electronic record free of a claim of a property right in the controllable electronic record.
(f) Limitation of rights of qualifying purchaser in other property. Except as provided in subsections (a) and (e) for a controllable account and a controllable payment intangible or law other than this article, a qualifying purchaser takes a right to payment, right to performance, or interest in property evidenced by the controllable electronic record subject to a claim of a property right in the right to payment, right to performance, or other interest in property.
(g) No-action protection for qualifying purchaser. An action may not be asserted against a qualifying purchaser based on both a purchase by the qualifying purchaser of a controllable electronic record and a claim of a property right in another controllable electronic record, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory.
(h) Filing not notice. Filing of a financing statement under Article 9 is not notice of a claim of a property right in a controllable electronic record.
Source.
2022, 281:81, eff. Jan. 1, 2023. 2023, 236:83, 84, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:13-101 - Title.

382-A:13-101 Title. –
This article may be cited as Transactional Provisions for Uniform Commercial Code Amendments.
Source.
2023, 236:90, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:13-102 - Definitions.

382-A:13-102 Definitions. –
(a) Article A Definitions. In this article:
(1) "Adjustment date" means July 1, 2025, or the date that is one year after the effective date of this article, whichever is later.
(2) "Article 12" means Article 12 of the Uniform Commercial Code.
(3) "Article 12 property" means a controllable account, controllable electronic record, or controllable payment intangible.
(b) Definitions in other Articles. The following definitions in other articles of the Uniform Commercial Code apply to this article.
"Controllable account". Section 9-102.
"Controllable electronic record". Section 12-102.
"Controllable payment intangible". Section 9-102.
"Financing statement". Section 9-102.
(c) Article 1 definitions and principles. Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
Source.
2023, 236:90, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:13-201 - Saving Clause.

382-A:13-201 Saving Clause. –
Except as provided in Part 3, a transaction validly entered into before the effective date of this article and the rights, duties, and interests flowing from the transaction remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by law other than the Uniform Commercial Code or, if applicable, the Uniform Commercial Code, as though this article had not taken effect.
Source.
2023, 236:90, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:13-301 - Saving Clause.

382-A:13-301 Saving Clause. –
(a) Pre-effective date transaction, lien, or interest. Except as provided in this part, Article 9 as amended by this act and Article 12 apply to a transaction, lien, or other interest in property, even if the transaction, lien, or interest was entered into, created, or acquired before the effective date of this article.
(b) Continuing validity. Except as provided in subsection (c) and sections 13-302 through 13-306:
(1) a transaction, lien, or interest in property that was validly entered into, created, or transferred before the effective date of this article, and was not governed by the Uniform Commercial Code, but would be subject to Article 9 as amended in this act or Article 12 if it had been entered into, created, or transferred on or after the effective date of this act, including the rights, duties and interests, flowing from the transaction lien, or interest, remains valid on and after the effective date of this act; and
(2) the transaction, lien, or interest may be terminated, completed, consummated, and enforced as required or permitted by this act or by the law that would apply if this act had not taken effect.
(c) Pre-effective date proceeding. This article does not affect an action case, or proceeding commenced from before the effective date of this article.
Source.
2022, 281:81, eff. Jan. 1, 2023. 2023, 236:91, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:13-302 - Security Interest Perfected Before Effective Date.

382-A:13-302 Security Interest Perfected Before Effective Date. –
(a) Continuing perfection: perfection requirements satisfied. A security interest that is enforceable and perfected immediately before the effective date of this article is a perfected security interest under this chapter if, on the effective date of this article the requirements for enforceability and perfection under this chapter are satisfied without further action.
(b) Continuing perfection: enforceability or perfection requirements not satisfied. If a security interest is enforceable and perfected immediately before the effective date of this article but the requirements for enforceability or perfection under this chapter are not satisfied on the effective date of this article, the security interest:
(1) is a perfected security interest until the earlier of the time perfection would have ceased under the law in effect immediately before the effective date of this article or the adjustment date;
(2) remains enforceable thereafter only if the security interest satisfies the requirements for enforceability under Section 9-203 before the adjustment date; and
(3) remains perfected thereafter only if the requirements for perfection under this chapter are satisfied before the time specified in paragraph (1).
Source.
2022, 281:81, eff. Jan. 1, 2023. 2023, 236:91, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:13-303 - Security Interest Unperfected Before Effective Date.

382-A:13-303 Security Interest Unperfected Before Effective Date. –
A security interest that is enforceable immediately before the effective date of this article but is unperfected at that time:
(1) remains an enforceable security interest until the adjustment date;
(2) remains enforceable thereafter if the security interest becomes enforceable under Section 9-203 on the effective date of this article or before the adjustment date; and
(3) becomes perfected:
(A) without further action on the effective date of this article if the requirements for perfection under this chapter are satisfied before or at that time; or
(B) when the requirements for perfection are satisfied if the requirements are satisfied after that time.
Source.
2022, 281:81, eff. Jan. 1, 2023. 2023, 236:91, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:13-304 - Effectiveness of Action Taken Before Effective Date.

382-A:13-304 Effectiveness of Action Taken Before Effective Date. –
(a) Pre-effective date; action; attachment and perfection before adjustment date. If action, other than the filing of a financing statement, is taken before the effective date of this article and the action would have resulted in perfection of the security interest had the security interest become enforceable before the effective date of this article, the action is effective to perfect a security interest that attaches under this chapter before the adjustment date. An attached security interest becomes unperfected on the adjustment date unless the security interest becomes a perfected security interest under this article before the adjustment date.
(b) Pre-effective date filing. The filing of a financing statement before the effective date of this article is effective to perfect a security interest on the effective date of this article to the extent the filing would satisfy the requirements for perfection under this article.
(c) Pre-effective date enforceability action. The taking of an action before the effective date of this article is sufficient for the enforceability of a security interest on the effective date of this article if the action would satisfy the requirements for enforceability under this article.
Source.
2022, 281:81, eff. Jan. 1, 2023. 2023, 236:91, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:13-305 - Priority.

382-A:13-305 Priority. –
(a) Determination of priority. Subject to subsections (b) and (c), this act determines the priority of conflicting claims to collateral.
(b) Established priorities. Subject to subsection (c), if the priorities of claims to collateral were established before the effective date of this article, Article 9 as in effect before the effective date of this article determines priority.
(c) Determination of certain priorities on adjustment date. On the adjustment date, to the extent the priorities determined by Article 9 as amended by this act modify the priorities established before the effective date of this article, the priorities of claims to Article 12 property established before the effective date of this article shall cease to apply.
Source.
2022, 281:81, eff. Jan. 1, 2023. 2023, 236:91, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:13-306 - Priority of Claims When Priority Rules of Article 9 Do Not Apply.

382-A:13-306 Priority of Claims When Priority Rules of Article 9 Do Not Apply. –
(a) Determination of priority. Subject to subsections (b) and (c), Article 12 determines the priority of conflicting claims to Article 12 property when the priority rules of Article 9 as amended by this act do not apply.
(b) Established priorities. Subject to subsection (c), when the priority rules of Article 9 as amended by this act do not apply and the priorities of claims to Article 12 property were established before the effective date of this article, law other than Article 12 determines priority.
(c) Determination of certain priorities on adjustment date. When the priority rules of Article 9 as amended by this act do not apply, to the extent the priorities determined by this act modify the priorities established before the effective date of this act, the priorities of claims to Article 12 property established before the effective date of this act cease to apply on the adjustment date.
Source.
2022, 281:81, eff. Jan. 1, 2023. 2023, 236:91, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:1 - Commissioner and Deputy.

383:1 Commissioner and Deputy. –
I. There shall be a bank commissioner who shall be appointed by the governor with the advice and consent of the council, and whose term shall be for 6 years.
II. There shall be a deputy bank commissioner who shall be recommended by the commissioner and appointed by the governor with the advice and consent of the council, and whose term shall be 6 years. The deputy may exercise the powers and perform the duties of the commissioner during the commissioner's absence whenever and to the extent that he or she may be so authorized by the commissioner. In case of the temporary disability of the commissioner, or of a vacancy in the office, the deputy shall have the powers and perform the duties of the commissioner until another commissioner is appointed and qualified.
Source.
1925, 143:1. PL 259:1. RL 307:1. RSA 383:1. 1959, 199:1. 2007, 156:13. 2013, 56:47. 2015, 272:1, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:2 - Commissioner Pro Tem.

383:2 Commissioner Pro Tem. –
In case of temporary disability of the commissioner, or of a vacancy in the office, and there is no deputy commissioner, the governor, with the advice and consent of the council, may appoint a bank commissioner for the time being, who shall have the powers and perform the duties of the office while the disability continues or until another commissioner is appointed and qualified. The governor and council shall determine when such appointee shall cease to act.
Source.
1925, 143:2. PL 259:2. RL 307:2.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:3 - Removal.

383:3 Removal. –
The governor, with the advice and consent of the council, may remove either the bank commissioner or a deputy bank commissioner at any time as provided for in RSA 4:1.
Source.
1925, 143:3. PL 259:3. RL 307:3. 2015, 272:2, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:3-a - Definitions.

383:3-a Definitions. –
Unless otherwise indicated, the definitions in RSA 383-A:2-201 shall apply to this chapter.
Source.
2015, 272:3, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:4 - Vacancy Filled for Unexpired Term.

383:4 Vacancy Filled for Unexpired Term. –
Vacancies in the office of the bank commissioner and deputy bank commissioner as established by RSA 383:1, shall be filled for the unexpired term of such office.
Source.
1943, 39:3, eff. Mar. 3, 1943.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:5-a - General Counsel.

383:5-a General Counsel. –
The commissioner shall appoint a general counsel, who shall serve at the pleasure of the commissioner. The general counsel shall perform such duties and exercise such powers as the commissioner may authorize.
Source.
2018, 233:4, eff. Aug. 7, 2018.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:6 - Qualifications.

383:6 Qualifications. –
No person who is not a resident of the state at the time of his or her appointment or who fails to become a resident of the state within one year after his or her appointment, and no person who is indebted to any entity under the supervision of the commissioner, or who holds any stock or office in the entity, or who is engaged as principal or agent in the business of selling or negotiating loans, stocks, or securities of any kind in this state, or who is an officer or stockholder in any entity engaged in that business, shall be eligible to hold or continue to hold the office of commissioner or deputy commissioner. The provisions of this section relative to indebtedness to an entity under the supervision of the commissioner shall not disqualify a person who is indebted to the entity for a residential mortgage loan, car loan, or other secured personal loan if such indebtedness is subject to customary terms and conditions and transacted in the normal course of business. The provisions of this section relative to stock shall not disqualify a person who holds investments in shares of regulated diversified investment companies.
Source.
RS 140:20. GS 152:2, 3. GL 166:2, 3. 1881, 95:1. 1889, 60:1. PS 162:2. 1925, 143:4. PL 259:4. RL 367:4. RSA 383:6. 1959, 199:5. 1969, 268:1. 1973, 182:3. 2008, 205:11. 2015, 272:4, eff. Oct. 1, 2015. 2021, 51:12, eff. July 24, 2021.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:7-a - Delegation of Duties and Responsibilities.

383:7-a Delegation of Duties and Responsibilities. –
I. The commissioner may delegate to deputies, assistants, examiners, or employees of the department the exercise or discharge in the commissioner's name of any power, duty, or function, whether ministerial, discretionary or of whatever character, vested in or imposed upon the commissioner. However, the commissioner shall not delegate his or her rulemaking powers.
II. The official act of the person acting in the commissioner's name and by his or her authority as provided in paragraph I shall be deemed an official act of the commissioner.
III. The commissioner shall provide any board or commission written notice of his or her intent to delegate his or her duties and responsibilities to serve on such board or commission.
Source.
1992, 117:1. 2007, 343:2. 2015, 272:6, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:8 - Office.

383:8 Office. –
The commissioner shall be provided with an office in some suitable place in Concord.
Source.
PS 162:5. 1925, 143:6. PL 259:6. RL 307:7.