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Article 9 Financing Statement Searches: Is a Rose by Any Other Name Still a Rose?
| Content Provider | Semantic Scholar |
|---|---|
| Author | Penney, Todd D. |
| Copyright Year | 1990 |
| Abstract | Is a rose by any other name still a rose? Article 9 of the Uniform Commercial Code establishes a system by which creditors can record a security interest in collateral by filing a financing statement in the public records and subsequent creditors can receive notice of this interest by searching these records. However, the drafters of the Uniform Commercial Code also included a provision which seeks to forgive creditors for minor errors in the financing statement. This Note first establishes the background of secured transaction law under the Uniform Commercial Code and then evaluates the current standards applied by the courts in this area. Next the effect of computerization on financing statement searches is analyzed, and the Note concludes by proposing a new standard for evaluating misnomers. Namely, that since financing statements are indexed under the debtor's last name, the courts should require absolute precision in order to protect the integrity of the notice system and to promote judicial economy. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://kb.osu.edu/bitstream/handle/1811/64116/OSLJ_V51N5_1415.pdf |
| Alternate Webpage(s) | http://kb.osu.edu/dspace/bitstream/handle/1811/64116/OSLJ_V51N5_1415.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
