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TN HB1342

TN HB1342
AN ACT to amend Tennessee Code Annotated, Title 47, relative to Uniform Commercial Code financing statement filings.


summary

Introduced
02/06/2025
In Committee
03/26/2025
Crossed Over
Passed
04/30/2025
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) provisions related to financing statement filings by modifying several procedural requirements. Specifically, when a secured party files a petition challenging 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. The bill also adds new notification requirements for both the secured party and the public official after an administrative law judge makes a determination. If an administrative law judge reaches a decision, the secured party must provide a copy of that determination to the filing office. Similarly, if a public official's affidavit is part of the review, they must also provide the determination to the filing office. Additionally, if the secured party seeks judicial review of the administrative law judge's determination, they must send a copy of their petition for judicial review to the filing office within seven days of filing. These changes aim to improve transparency and communication in the UCC financing statement filing process. The bill takes effect immediately upon becoming law.

Committee Categories

Business and Industry, Justice

Sponsors (4)

Last Action

Comp. became Pub. Ch. 171 (on 04/30/2025)

bill text


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