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TN SB0544

TN SB0544
AN ACT to amend Tennessee Code Annotated, Title 47, relative to Uniform Commercial Code financing statement filings.


summary

Introduced
01/30/2025
In Committee
Crossed Over
03/10/2025
Passed
04/01/2025
Dead
Signed/Enacted/Adopted
04/30/2025

Introduced Session

114th General Assembly

Bill Summary

As enacted, specifies that a filing office in receipt of a petition for review filed by a secured party contesting a public official's affidavit that a financing statement was filed without legal cause submit the UCC financing statement that is the subject of the petition and the notarized affidavit of the public official to the administrative procedures division of the office of the secretary of state, in addition to the existing requirement that the petition itself be submitted; requires the prevailing party in the contested case hearing to provide the filing office with a copy of the administrative law judge's determination. - Amends TCA Title 47.

AI Summary

This bill amends Tennessee's Uniform Commercial Code (UCC) financing statement filing procedures by modifying three key aspects of the existing law. First, when a secured party files a petition contesting a public official's affidavit about a financing statement, the filing office must now forward not just the petition, but also the actual UCC financing statement and the notarized affidavit to the administrative procedures division of the secretary of state's office within three business days. Second, if an administrative law judge makes a determination in such a case, the secured party is now required to provide a copy of that determination to the filing office. Third, if a public official files an affidavit or if a secured party seeks judicial review of an administrative law judge's determination, they must also provide a copy of the respective determination or petition for judicial review to the filing office within seven days. These changes aim to improve transparency and documentation in the process of challenging UCC financing statement filings by ensuring more comprehensive information sharing between involved parties and the filing office.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Effective date(s) 04/11/2025 (on 04/30/2025)

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