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46,252 statutes · page 21 of 2313
United States — Louisiana legislation
20 statutes shown from 46,252 source-backed records
A person may file an information statement about an inaccurate or wrongfully filed record, and a secured party of record may do so when the filer was not entitled to file the record.
The filing office and secretary of state must number, keep, index, and make certain filing records available, and the secretary of state may not remove a debtor’s name too early.
A filing office may refuse a record only for reasons listed elsewhere, and if it does refuse, it must tell the presenter why within two business days.
A filing office or filing officer that accepts written records generally must accept approved written financing statements and written records.
The secretary of state and the filing office must keep financing-statement information for at least one year after lapse, and the record must be retrievable by debtor name and file number. They may destroy written records unless another public-records law says otherwise, but if they do, they must keep another compliant
The filing office must send or provide specified filing acknowledgments and request information, usually within two business days.
A delay by the secretary of state or filing office past a deadline is excused if it is caused by certain disruptions and the office acts with reasonable diligence.
This section sets filing fees for certain filings and searches, requires monthly remittance of the secretary of state’s share, and allows the secretary of state and filing officers to choose payment methods.
Certain state secretaries may adopt and publish filing-office rules to implement this Chapter, and the secretary of state must keep those rules consistent and consult specified sources when changing them.
The filing office must notify the secretary of state or his designee by phone, email, or fax within 24 hours after discovering a cyber incident that affects the filing office.
After default, a secured party may use judicial procedures to enforce the claim or security interest, and a debtor or obligor may have the rights given in this Part and by agreement, subject to listed exceptions.
A debtor or obligor generally may not waive or vary certain listed secured-transactions rules, except as allowed by R.S. 10:9-624.
The parties may agree on standards for measuring how a debtor’s or obligor’s rights, and a secured party’s duties, are fulfilled, as long as the standards are not manifestly unreasonable.
A secured party may use different enforcement routes when a security agreement covers personal and real property, and must promptly reimburse repair costs for physical injury caused by removing fixtures.
A secured party generally does not owe a duty based on that status, except in a stated circumstance when it knows certain debtor or obligor information is not provided by the collateral or related records.
This section says when a default happens for an agricultural lien: when the secured party is entitled to enforce the lien under the statute that created it.
A secured party may collect and enforce collateral-related obligations, and must act commercially reasonably when doing so in the specified recourse situations.
A secured party must distribute collection or enforcement proceeds in a set order and must pay any surplus to the debtor, while certain subordinate-interest holders must provide proof if asked.
After default, a secured party may repossess collateral only in the listed situations.
After default, a secured party may dispose of collateral, but the disposition’s terms must be commercially reasonable.
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