Title 6, Commerce and Trade

§ 9-504A. Indication of collateral that is accounts, chattel paper, instruments or general intangibles. (a) A financing statement sufficiently indicates the collateral that it covers if the collateral is accounts, chattel paper, instruments or general intangibles and: (1) The fin…

§ 9-505. Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions. (a) Use of terms other than “debtor” and “secured party.” — A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment intang…

§ 9-506. Effect of errors or omissions. (a) Minor errors and omissions. — A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously mis…

§ 9-507. Effect of certain events on effectiveness of financing statement. (a) Disposition. — A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultu…

§ 9-508. Effectiveness of financing statement if new debtor becomes bound by security agreement. (a) Financing statement naming original debtor. — Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a securit…

§ 9-509. Persons entitled to file a record. (a) Person entitled to file record. — A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if: (1) the debtor au…

§ 9-510. Effectiveness of filed record. (a) Filed record effective if authorized. — A filed record is effective only to the extent that it was filed by a person that may file it under Section 9-509. (b) Authorization by one secured party of record. — A record authorized by one se…

§ 9-511. Secured party of record. (a) Secured party of record. — A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has…

§ 9-512. Amendment of financing statement. (a) Amendment of information in financing statement. — Subject to Section 9-509, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to subsection (e), otherwise amend the information…

§ 9-513. Termination statement. (a) Consumer goods. — A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and: (1) there is no obligation sec…

§ 9-514. Assignment of powers of secured party of record. (a) Assignment reflected on initial financing statement. — Except as otherwise provided in subsection (c), an initial financing statement may reflect an assignment of all of the secured party’s power to authorize an amendm…

§ 9-515. Duration and effectiveness of financing statement; effect of lapsed financing statement. (a) Five-year effectiveness. — Except as otherwise provided in subsections (b), (e), (f), and (g), a filed financing statement is effective for a period of five years after the date …

§ 9-516. What constitutes filing; effectiveness of filing. (a) What constitutes filing. — Except as otherwise provided in subsection (b), communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.…

§ 9-517. Effect of indexing errors. The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.72 Del. Laws, c. 401, § 1;

§ 9-518. Claim concerning inaccurate or wrongfully filed record. (a) Statement with respect to record indexed under person’s name. — A person may file in the filing office an information statement with respect to a record indexed there under the person’s name if the person believ…

§ 9-519. Numbering, maintaining, and indexing records; communicating information provided in records. (a) Filing office duties. — For each record filed in a filing office, the filing office shall: (1) assign a unique number to the filed record; (2) create a record that bears the …

§ 9-520. Acceptance and refusal to accept record. (a) Mandatory refusal to accept record. — A filing office shall refuse to accept a record for filing for a reason set forth in Section 9-516(b) and may not refuse to accept a record for filing for any other reason. (b) Communicati…

§ 9-521. Uniform form of written financing statement and amendment. (a) Initial financing statement form. — A filing office that accepts written records may not refuse to accept a written initial financing statement in the following form and format except for a reason set forth i…

§ 9-522. Maintenance and destruction of records. (a) Post-lapse maintenance and retrieval of information. — The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statemen…

§ 9-523. Information from filing office; sale or license of records. (a) Acknowledgment of filing written record. — If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the numb…

§ 9-524. Delay by filing office. Delay by the filing office beyond a time limit prescribed by this part is excused if: (1) the delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond c…

§ 9-525. Fees. (a) Initial financing statement or other record; general rule. — Except as otherwise provided in subsection (e), the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (b), is: (1) The…

§ 9-526. Filing-office rules. (a) Adoption of filing-office rules. — The Secretary of State shall adopt and publish rules to implement this Article. The filing-office rules must be: (1) consistent with this Article; and (2) adopted and published in accordance with Chapter 101 of …

§ 9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes. (a) Rights of secured party after default. — After default, a secured party has the rights provided in this part and, except as otherwise …

§ 9-602. Waiver and variance of rights and duties. Except as otherwise provided in Section 9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed …

§ 9-603. Agreement on standards concerning rights and duties. (a) Agreed standards. — The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in Section 9-602 if the …

§ 9-604. Procedure if security agreement covers real property or fixtures. (a) Enforcement: personal and real property. — If a security agreement covers both personal and real property, a secured party may proceed: (1) under this part as to the personal property without prejudici…

§ 9-605. Unknown debtor or secondary obligor. (a) In general: no duty owed by secured party. — Except as provided in subsection (b), a secured party does not owe a duty based on its status as secured party: (1) to a person that is a debtor or obligor, unless the secured party kno…

§ 9-606. Time of default for agricultural lien. For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.72 Del. Laws, c. 401, §…

§ 9-607. Collection and enforcement by secured party. (a) Collection and enforcement generally. — If so agreed, and in any event after default, a secured party: (1) may notify an account debtor or other person obligated on collateral to make payment or otherwise render performanc…

§ 9-608. Application of proceeds of collection or enforcement; liability for deficiency and right to surplus. (a) Application of proceeds, surplus, and deficiency if obligation secured. — If a security interest or agricultural lien secures payment or performance of an obligation,…

§ 9-609. Secured party’s right to take possession after default. (a) Possession; rendering equipment unusable; disposition on debtor’s premises. — After default, a secured party: (1) may take possession of the collateral; and (2) without removal, may render equipment unusable and…

§ 9-610. Disposition of collateral after default. (a) Disposition after default. — After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or proces…

§ 9-611. Notification before disposition of collateral. (a) “Notification date.” — In this section, “notification date” means the earlier of the date on which: (1) a secured party sends to the debtor and any secondary obligor a signed notification of disposition; or (2) the debto…

§ 9-612. Timeliness of notification before disposition of collateral. (a) Reasonable time is question of fact. — Except as otherwise provided in subsection (b), whether a notification is sent within a reasonable time is a question of fact. (b) 10-day period sufficient in non-cons…

§ 9-613. Contents and form of notification before disposition of collateral: general. (a) Contents and form of notification. — Except in a consumer-goods transaction, the following rules apply: (1) The contents of a notification of disposition are sufficient if the notification: …

§ 9-614. Contents and form of notification before disposition of collateral: consumer-goods transaction. (a) Contents and form of notification. — In a consumer-goods transaction, the following rules apply: (1) A notification of disposition must provide the following information: …

§ 9-615. Application of proceeds of disposition; liability for deficiency and right to surplus. (a) Application of proceeds. — A secured party shall apply or pay over for application the cash proceeds of disposition under Section 9-610 in the following order to: (1) the reasonabl…

§ 9-616. Explanation of calculation of surplus or deficiency. (a) Definitions. — In this section: (1) “Explanation” means a record that: (A) states the amount of the surplus or deficiency; (B) provides an explanation in accordance with subsection (c) of how the secured party calc…

§ 9-617. Rights of transferee of collateral. (a) Effects of disposition. — A secured party’s disposition of collateral after default: (1) transfers to a transferee for value all of the debtor’s rights in the collateral; (2) discharges the security interest under which the disposi…

§ 9-618. Rights and duties of certain secondary obligors. (a) Rights and duties of secondary obligor. — A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor: (1) receives an assignment of a secured ob…

§ 9-619. Transfer of record or legal title. (a) “Transfer statement.” — In this section, “transfer statement” means a record signed by a secured party stating: (1) that the debtor has defaulted in connection with an obligation secured by specified collateral; (2) that the secured…

§ 9-620. Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral. (a) Conditions to acceptance in satisfaction. — Except as otherwise provided in subsection (g), a secured party may accept collateral in full or partial satisfac…

§ 9-621. Notification of proposal to accept collateral. (a) Persons to which proposal to be sent. — A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to: (1) any person from which the secured par…

§ 9-622. Effect of acceptance of collateral. (a) Effect of acceptance. — A secured party’s acceptance of collateral in full or partial satisfaction of the obligation it secures: (1) discharges the obligation to the extent consented to by the debtor; (2) transfers to the secured p…

§ 9-623. Right to redeem collateral. (a) Persons that may redeem. — A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral. (b) Requirements for redemption. — To redeem collateral, a person shall tender: (1) fulfillment of all obligations …