O.C.G.A. § 11-9-501 (2019)

Annotations

Editor’s notes. Ga. L. 2002, p. 995, § 8, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2002, and shall apply to a letter of credit that is issued on or after July 1, 2002. This Act does not apply to a transaction, event, obligation, or duty arising out of or associated with a letter of credit that was issued before July 1, 2002.”

Law reviews. For article, “Real Property and the Federal Tax Lien Act of 1966,” see 3 Ga. St. B.J. 459 (1967). For comment on In re Carmichael Enters., Inc., 334 F. Supp. 94 (N.D. Ga. 1971), aff’d per curiam, 460 F.2d 1405 (5th Cir. 1972), holding that the proper place for debtor corporation to file financial statement is the “factual” principal place of business, see 9 Ga. St. B.J. 388 (1973). For article, “The Revisions to Article IX of the Uniform Commercial Code,” see 15 Ga. St. B.J. 120 (1977).

For article surveying developments in Georgia commercial law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 33 (1981). For survey article on commercial law, see 34 Mercer L. Rev. 31 (1982).

For annual survey article discussing central filing system, see 46 Mercer L. Rev. 95 (1994).

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Article 9 are included in the annotations for this Code section. For a table of comparable provisions, see the table at the beginning of the Article. Underlying purpose of this section was the establishment of purely local filing system. In re Carmichael Enters., Inc., 334 F. Supp. 94, 1971 U.S. Dist. LEXIS 11695 (N.D. Ga. 1971), aff’d, 460 F.2d 1405, 1972 U.S. App. LEXIS 8793 (5th Cir. 1972) (decided under former Article 9). Purpose of former subsection (1)(b). - Policy of former subsection (1)(b) of this section was to require filing in place or places where creditor would normally look for information concerning interests created by debtor. In re Carmichael Enters., Inc., 334 F. Supp. 94, 1971 U.S. Dist. LEXIS 11695 (N.D. Ga. 1971), aff’d, 460 F.2d 1405, 1972 U.S. App. LEXIS 8793 (5th Cir. 1972) (decided under former Article 9). Compliance. - Trial court properly granted summary judgment pursuant to O.C.G.A. § 9-11-56 to colt possessors in a tortious interference with a contract claim by a horse trainer, wherein the trainer alleged that the trainer had a contract to keep the recently born colt in exchange for continued services to the mare’s owner; the court found that there was no showing that the possessors were aware of a contract regarding the ownership of the colt, the possessors had followed the necessary procedures for filing a financing statement under O.C.G.A. §§ 11-9-501 through 11-9-504, they had allegedly foreclosed on their lien on the mare by the time that they became aware of the trainer’s claim, pursuant to O.C.G.A. § 44-14-490, and the trainer did not record a lien against the colt pursuant to O.C.G.A. § 44-14511. Medlin v. Morganstern, 268 Ga. App. 116, 601 S.E.2d 359, 2004 Ga. App. LEXIS 737 (2004).

Apparent intent of words “not an individual” is to differentiate individual proprietorships from other business entities. Retreading Equip., Inc. v. Murphy, 5 B.R. 596, 1980 Bankr. LEXIS 4659 (Bankr. N.D. Ga. 1980) (decided under former Article 9). Proper place to file financing statement. - The proper place to file financing statement under former subsection (1)(b) of this section was county of debtor corporation’s factual principal place of business. In re Carmichael Enters., Inc., 334 F. Supp. 94, 1971 U.S. Dist. LEXIS 11695 (N.D. Ga. 1971), aff’d, 460 F.2d 1405, 1972 U.S. App. LEXIS 8793 (5th Cir. 1972) (decided under former Article 9). Meaning of “principal place of business”. - Failure of legislature in enacting this section to make specific reference to “principal office” concept indicates it did not intend that “principal office” of corporate charter should be equivalent to “principal place of business.” In re Carmichael Enters., Inc., 334 F. Supp. 94, 1971 U.S. Dist. LEXIS 11695 (N.D. Ga. 1971), aff’d, 460 F.2d 1405, 1972 U.S. App. LEXIS 8793 (5th Cir. 1972) (decided under former Code 1933, § 109A-9-401). By using term “principal place of business” in this section, legislature intended that proper place for filing of financing statement be the “factual” principal place of business and not “principal office” as designated in corporate charter. In re Carmichael Enters., Inc., 334 F. Supp. 94, 1971 U.S. Dist. LEXIS 11695 (N.D. Ga. 1971), aff’d, 460 F.2d 1405, 1972 U.S. App. LEXIS 8793 (5th Cir. 1972) (decided under former Article 9). Knowledge of contents of financing statement. - Knowledge of claimed security interest is not equivalent to knowledge of contents of financing statement. United States v. Waterford No. 2 Office Center, 246 Ga. 475, 271 S.E.2d 790, 1980

Ga. LEXIS 1169 (1980) (decided under former Article 9). Preservation of chattel interest in fixtures. - This former section and §§ 11-9-402 and 11-9-403 (see now §§ 119-502 et seq. and 11-9-601 et seq.) provide for fixture filing to enable secured party with chattel interest in goods which are or are to become fixtures to preserve that interest. Williams v. Western Pac. Fin. Corp., 643 F.2d 331, 1981 U.S. App. LEXIS 13963 (5th Cir. 1981) (decided under former Code Section 11-9-401). Liability of negligent title researcher. - Failure of law firm’s title researcher to find improperly indexed deed to secure debt in personalty docket, or a Uniform Commercial Code financing statement not cross-indexed to realty docket does not make law firm for title insurer a joint tort-feasor with grantor who breaches warranty of title to grantee, as the tort is the breach of warranty and causation for such breach of warranty lies solely at hands of defendants. The law firm’s delict, if any, was failure to detect

defendants’ delict. Pease & Elliman Realty Trust v. Gaines, 160 Ga. App. 125, 286 S.E.2d 448, 1981 Ga. App. LEXIS 2934 (1981) (decided under former Code Section 11-9-401). Harvested peanut crops. - Plaintiffs’ filing of their financing statement in the proper county gave defendant legal notice of plaintiffs’ security interests and liens in peanut crops defendant purchased, even though the clerk incorrectly recorded the financing statement, and the perfected security interests remained effective even though the crops were harvested. Bartolan, Inc. v. Columbian Peanut Co., 727 F. Supp. 1444, 1989 U.S. Dist. LEXIS 15497 (M.D. Ga. 1989) (decided under former Code Section 11-9-401). The effective date for the statewide filing and central indexing system for financing statements was January 1, 1995. Trust Co. Bank v. Georgia Superior Court Clerks’ Coop. Auth., 265 Ga. 390, 456 S.E.2d 571, 1995 Ga. LEXIS 241 (1995) (decided under former Code Section 11-9401).

RESEARCH REFERENCES Am. Jur. 2d. 68A Am. Jur. 2d, Secured Transactions, §§ 304, 323, 378 et seq. C.J.S. 6A C.J.S., Assignments, § 52. 72 C.J.S., Pledges, § 14. U.L.A. Uniform Commercial Code (U.L.A.) § 9501. ALR. Withdrawal of paper after delivery to

proper officer as affecting question whether it is filed, 37 A.L.R. 670. What amounts to notice which will subject one’s rights to an unrecorded conditional sale contract, 159 A.L.R. 669. Necessity that mortgage covering oil and gas lease be recorded as real-estate mortgage, and/or filed or recorded as chattel mortgage, 34 A.L.R.2d 902.