Mississippi Code
Miss. Code Ann. § 75-9-503 (2026)
Name of debtor and secured party
✓ current as of July 2026
- (a) A financing statement sufficiently provides the name of the debtor:
- (1) Except as otherwise provided in paragraph (3), if the debtor is a registered organization or the collateral is held in a trust that is a registered organization, only if the financing statement provides the name that is stated to be the registered organization's name on the public organic record most recently filed with or issued or enacted by the registered organization's jurisdiction of organization which purports to state, amend or restate the registered organization's name;
- (2) Subject to subsection (f) if the collateral is being administered by the personal representative of a decedent, only if the financing statement provides, as the name of the debtor, the name of the decedent and, in a separate part of the financing statement, indicates that collateral is being administered by a personal representative;
- (3) If the collateral is held in a trust that is not a registered organization, only if the financing statement:
- (A) Provides, as the name of the debtor:
- (i) If the organic record of the trust specifies a name for the trust, the name specified; or
- (ii) If the organic record of the trust does not specify a name for the trust, the name of the settlor or testator; and
- (B) In a separate part of the financing statement:
- (i) If the name is provided in accordance with subparagraph (A)(i), indicates that the collateral is held in a trust; or
- (ii) If the name is provided in accordance with subparagraph (A)(ii), provides additional information sufficient to distinguish the trust from other trusts having one or more of the same settlors or the same testator and indicates that the collateral is held in a trust, unless the additional information so indicates;
- (A) Provides, as the name of the debtor:
- (4) Subject to subsection (g), if the debtor is an individual to whom this state has issued a driver's license or nondriver's identification card that has not expired, or if the debtor furnishes a valid identification card issued by a federally recognized Indian tribe that contains a color photograph of the card holder and the card holder's legal name, residence address and date of birth that has not expired, only if the financing statement provides the name of the individual which is indicated on the driver's license, nondriver's identification card or tribal identification card;
- (5) If the debtor is an individual to whom paragraph (4) does not apply, only if the financing statement provides the individual name of the debtor or the surname and first personal name of the debtor; and
- (6) In other cases:
- (A) If the debtor has a name, only if the financing statement provides the organizational name of the debtor; and
- (B) If the debtor does not have a name, only if it provides the names of the partners, members, associates, or other persons comprising the debtor, in a manner that each name provided would be sufficient if the person named were the debtor.
- (b) A financing statement that provides the name of the debtor in accordance with subsection (a) is not rendered ineffective by the absence of:
- (1) A trade name or other name of the debtor; or
- (2) Unless required under subsection (a)(6)(B), names of partners, members, associates, or other persons comprising the debtor.
- (c) A financing statement that provides only the debtor's trade name does not sufficiently provide the name of the debtor.
- (d) Failure to indicate the representative capacity of a secured party or representative of a secured party does not affect the sufficiency of a financing statement.
- (e) A financing statement may provide the name of more than one (1) debtor and the name of more than one (1) secured party.
- (f) The name of the decedent indicated on the order appointing the personal representative of the decedent issued by the court having jurisdiction over the collateral is sufficient as the "name of the decedent" under subsection (a)(2).
- (g) If this state has issued to an individual more than one (1) driver's license or nondriver's identification card of a kind described in subsection (a)(4), the one that was issued most recently is the one to which subsection (a)(4) refers.
- (h) In this section, the "name of the settlor or testator" means:
- (1) If the settlor is a registered organization, the name that is stated to be the settlor's name on the public organic record most recently filed with or issued or enacted by the settlor's jurisdiction of organization which purports to state, amend, or restate the settlor's name; or
- (2) In other cases, the name of the settlor or testator indicated in the trust's organic record.
Former 1972 Code § 75-9-503 [Codes, 1942, § 41A:9-503; Laws, 1966, ch. 316, § 9-503, eff. 3/31/1968] is now found in comparable provisions enacted at § 75-9-609 by Laws, 2001, ch. 495, § 1. Present § 75-9-503 was derived from former 1972 Code § 75-9-402 [Codes, 1942, § 41A:9-402; Laws, 1966, ch. 316, § 9-402; Laws, 1968, ch. 490, § 1; Laws, 1977, ch. 452, § 25, eff. 4/1/1978] and was enacted by Laws, 2001, ch. 495, § 1, eff. 1/1/2002.
Amended by Laws, 2021, ch. 378, HB 277,§ 8, eff. 7/1/2021.
Amended by Laws, 2013, ch. 451, SB 2609, 13, eff. 7/1/2013.
Notes of Decisions
Cited in 7
cases, 1985–2008 · leading case: Hester v. Bandy, 627 So. 2d 833 (Miss. 1993).
Hester v. Bandy, 627 So. 2d 833 (Miss. 1993). “They alleged Evans was the agent of Bandy, and that on September 20, 1988, Evans had wrongfully trespassed on the Hesters' property, damaged the car, assaulted Jimmy Hester and caused him personal injuries in repossessing the car, all in violation of Miss. Code Ann. § 75-9-503…”
Dungan v. Dick Moore, Inc., 463 So. 2d 1094 (Miss. 1985). “The Dungans made one payment on their obligations to Moore and stopped payment on the check for the second. By February of 1982, the Dungans were six months in arrears.”
Ivy v. Gen. Motors Acceptance Corp., 612 So. 2d 1108 (Miss. 1992). “GMAC's Issue # 1: Whether the Jury Erred in Awarding Actual Damages? GMAC contends that its agents did not breach the peace and, therefore, it should not have been held liable for actual damages.”
Williamson v. Fowler Toyota, Inc., 1998 OK 14 (Okla. 1998). “2d at 836 , citing Miss.Code Ann. § 75-9-503 (Supp. 1992). The court observed that under the statute the secured party had a right to take possession of the vehicle without any judicial process if it could be done without breach of the peace.”
Robert Butler v. Ford Motor Credit Co., 829 F.2d 568 (5th Cir. 1987). “See Miss. Code Ann. § 75-9-503 (1972). 4 Thus the question is whether FMCC’s repossession constituted a breach of the peace.”
Miss. Com'n on Judical Perform. v. Osborne, 977 So. 2d 314 (Miss. 2008). “Miss.Code Ann. § 75-9-503 (1972), revised and recodified at, § 75-9-609(a)(1),(b)(2) (Rev.”
Mississippi Comm'n on Jud. Performance v. Osborne, 977 So. 2d 314 (Miss. 2008). “Miss.Code Ann. § 75-9-503 (1972), revised and reco-dified at, § 75-9-609(a)(l),(b)(2) (Rev.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.