(810 ILCS 5/Art. 9 Pt. 7 heading)
PART 7.
TRANSITION
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(810 ILCS 5/9-701)
Sec. 9-701.
Effective date.
(See Section 99 of the Public Act adding this
Section to this Act.)
(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-702)
Sec. 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 the effective
date of this
amendatory Act of the 91st General Assembly.
(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
| | Article 9 as it existed before the effective date of this amendatory Act of the 91st General Assembly, were validly entered into or created before the effective date of this amendatory Act of the 91st General Assembly, and would be subject to this Act if they had been entered into or created after the effective date of this amendatory Act of the 91st General Assembly, and the rights, duties, and interests flowing from those transactions and liens remain valid after the effective date of this amendatory Act of the 91st General Assembly; and
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(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.
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(c) Pre-effective-date proceedings. This amendatory Act of the
91st General Assembly does not affect an action, case, or proceeding commenced
before the effective date of this amendatory Act of the 91st General
Assembly.
(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-703)
Sec. 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
the effective date of this amendatory Act of the 91st General Assembly 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, on the effective date of this
amendatory
Act of the 91st General Assembly, 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 the effective date of this amendatory Act of the 91st General
Assembly, 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 on the effective date
of this amendatory Act of the 91st General Assembly, the security interest:
(1) is a perfected security interest for one year
| | after the effective date of this amendatory Act of the 91st General Assembly;
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(2) remains enforceable thereafter only if the
| | security interest becomes enforceable under Section 9-203 before the year expires; and
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(3) remains perfected thereafter only if the
| | applicable requirements for perfection under this Act are satisfied before the year expires.
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(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-704)
Sec. 9-704.
Security interest unperfected before effective date.
A
security interest that is enforceable immediately before the effective date of
this
amendatory Act of the 91st General Assembly 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 the effective date of this amendatory Act of the 91st General Assembly;
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(2) remains enforceable thereafter if the security
| | interest becomes enforceable under Section 9-203 on the effective date of this amendatory Act of the 91st General Assembly or within one year thereafter; and
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(3) becomes perfected:
(A) without further action, on the effective date
| | of this amendatory Act of the 91st General Assembly if the applicable requirements for perfection under this Act are satisfied before or at that time; or
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(B) when the applicable requirements for
| | perfection are satisfied if the requirements are satisfied after that time.
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(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-705)
Sec. 9-705.
Effectiveness of action taken before effective date.
(a) Pre-effective-date action; one-year perfection period unless
reperfected. If action, other than the filing of a financing statement, is
taken
before the effective date of this amendatory Act of the 91st General Assembly
and
the action would have resulted in priority of a security interest over the
rights of a
person that becomes a lien creditor had the security interest become
enforceable
before the effective date of this amendatory Act of the 91st General Assembly, the
action is effective to perfect a security interest that attaches under this Act within
one year after the effective date of this amendatory Act of the 91st General
Assembly. An attached security interest becomes unperfected one year after the
effective date of this amendatory Act of the 91st General Assembly unless the
security interest becomes a perfected security interest under this Act before the
expiration of that period.
(b) Pre-effective-date filing. The filing of a financing statement
before the effective date of this amendatory Act of the 91st General Assembly is
effective to perfect a security interest to the extent the filing would satisfy the
applicable requirements for perfection under this Act.
(c) Pre-effective-date filing in jurisdiction formerly governing
perfection. This Act does not render ineffective an effective financing statement
that, before the effective date of this amendatory Act of the 91st General
Assembly,
is filed and satisfies the applicable requirements for perfection under the law
of the
jurisdiction governing perfection as provided in Section 9-103
of the Uniform Commercial Code as it existed before the effective date of
this amendatory Act of the 91st General Assembly.
However,
except as otherwise provided in subsections (d) and (e) and Section 9-706, the
financing statement ceases to be effective at the earlier of:
(1) the time the financing statement would have
| | ceased to be effective under the law of the jurisdiction in which it is filed; or
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(2) June 30, 2006.
(d) Continuation statement. The filing of a continuation statement
after the effective date of this amendatory Act of the 91st General Assembly
does
not continue the effectiveness of the financing statement filed before the
effective
date of this amendatory Act of the 91st General Assembly. However, upon the
timely filing of a continuation statement after the effective date of this
amendatory
Act of the 91st General Assembly and in accordance with the law of the
jurisdiction governing perfection as provided in Part 3, the effectiveness of a
financing statement filed in the same office in that jurisdiction before the effective
date of this amendatory Act of the 91st General Assembly continues for the period
provided by the law of that jurisdiction.
(e) Application of subsection (c)(2) to transmitting utility
financing statement. Subsection (c)(2) applies to a financing statement that,
before the effective date of this amendatory Act of the 91st General Assembly,
is
filed against a transmitting utility and satisfies the applicable requirements
for
perfection under the law of the jurisdiction governing perfection as provided
in Section 9-103, as that Section existed before the effective date of this
amendatory Act of the 91st General Assembly, only to the extent that Part 3
provides that the law of
a
jurisdiction other than jurisdiction in which the financing statement is filed
governs
perfection of a security interest in collateral covered by the financing
statement.
(f) Application of Part 5. A financing statement that includes a
financing statement filed before the effective date of this amendatory Act of
the
91st General Assembly and a continuation statement filed after the effective
date of
this amendatory Act of the 91st General Assembly is effective only to the
extent
that it satisfies the requirements of Part 5 for an initial financing
statement.
(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-706)
Sec. 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 the effective
date
of this amendatory Act of the 91st General Assembly if:
(1) the filing of an initial financing statement in
| | that office would be effective to perfect a security interest under this Act;
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(2) the pre-effective-date financing statement was
| | filed in an office in another State or another office in this State; and
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(3) the initial financing statement satisfies
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(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 the effective date of this amendatory Act of the 91st General Assembly, for the period provided in Section 9-403 of the Uniform Commercial Code as it existed before the effective date of this amendatory Act of the 91st General Assembly with respect to a financing statement; and
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(2) if the initial financing statement is filed after
| | the effective date of this amendatory Act of the 91st General Assembly, for the period provided in Section 9-515 with respect to an initial financing statement.
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(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
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(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
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(3) indicate that the pre-effective-date financing
| | statement remains effective.
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(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-707)
Sec. 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
the effective date of this amendatory Act of the 91st General Assembly.
(b) Applicable law. After the effective date of this amendatory Act of the
91st General Assembly, 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 the effective date of this amendatory Act of the 91st General
Assembly only if:
(1) the pre-effective-date financing statement and an
| | amendment are filed in the office specified in Section 9-501;
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(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
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(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.
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(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
Section 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 the effective date of this amendatory Act of the 91st General
Assembly 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: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-708)
Sec. 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
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(2) the filing is necessary under this Part:
(A) to continue the effectiveness of a financing
| | statement filed before the effective date of this amendatory Act of the 91st General Assembly; or
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(B) to perfect or continue the perfection of a
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(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-709)
Sec. 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 the effective date of this amendatory Act of the 91st
General Assembly, Article 9 as it existed before the effective date of this
amendatory Act of the 91st General Assembly 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
effective
date of this amendatory Act of the 91st General Assembly if the security
interest is
perfected under this Act by the filing of a financing statement before the
effective
date of this amendatory Act of the 91st General Assembly which would not have
been effective to perfect the security interest under Article 9 as it existed
before the
effective date of this amendatory Act of the 91st General Assembly. This
subsection does not apply to conflicting security interests each of which is
perfected by the filing of such a financing statement.
(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-710)
Sec. 9-710.
Local-filing office responsibilities for filings under the
Uniform Commercial Code prior to this amendatory Act of the 91st General
Assembly.
(a) In this Section:
(1) "Local-filing office" means a filing office,
| | other than the office of the Secretary of State, that is designated as the proper place to file a financing statement under Section 9-401(1) of the Uniform Commercial Code as in effect immediately before the effective date of this amendatory Act of the 91st General Assembly. The term applies only with respect to a record that covers a type of collateral as to which the filing office is designated in that Section as the proper place to file.
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(2) "Former-Article-9 records" means:
(A) financing statements and other records that
| | have been filed in a local-filing office before July 1, 2001, and that are, or upon processing and indexing will be, reflected in the index maintained, as of June 30, 2001, by the local-filing office for financing statements and other records filed in the local filing office before July 1, 2001.
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(B) the index as of June 30, 2001.
(b) Except for a record terminating a former-Article-9 record, a
local-filing office must not accept for filing a record presented after June
30,
2001, whether or not the record relates to a financing statement filed in the
local-filing office before July 1, 2001. If the record terminating such
former-Article-9 record statement is in the standard form prescribed by the
Secretary of State, the uniform fee for filing and indexing the termination
statement in the office of a county recorder shall be $5 and otherwise shall
be $10, plus in each case an additional fee of $5 for each name more than one
at each address listed against which the record is required to be indexed.
(c) Until July 1, 2001, each local-filing office must maintain all
former-Article-9 records in accordance with the Uniform Commercial Code as in
effect immediately before the effective date of this amendatory Act of the
91st General Assembly. A former-Article-9 record that is not reflected on the
index maintained on June 30, 2001, by the local-filing office must be
processed and indexed, and reflected on the index as of June 30, 2001, as soon
as practicable but in any event no later than July 30, 2001.
(d) Until at least June 30, 2008, each local-filing office must respond
to requests for information with respect to former-Article-9 records relating
to a debtor and issue certificates, in accordance with the Uniform Commercial
Code as in effect immediately before this amendatory Act of the 91st General
Assembly. The fees charged for responding to requests for information relating
to the debtor issuing the certificates with respect to former-Article-9
records must be the fees in effect under the Uniform Commercial Code as in
effect immediately before the effective date of this amendatory Act of the
91st General Assembly on June 30, 2001, unless a different fee is later set by
the local filing office. However, the different fee must not exceed $10 for
responding to a request for information relating to a debtor or $10 for
issuing a certificate.
(e) After June 30, 2008, each local-filing office may remove and
destroy, in accordance with any then applicable record retention law of this
State, all former-Article-9 records, including the related index.
(f) This Section does not apply, with respect to financing statements
and other records, to a filing office in which mortgages or records of
mortgages on real property are required to be filed or recorded if:
(1) the collateral is timber to be cut or
| | as-extracted collateral, or
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(2) the record is or relates to a financing statement
| | filed as a fixture filing and the collateral is goods that are or are to become fixtures.
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(Source: P.A. 91-893, eff. 7-1-01.)
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