14 chapters · 656 sections in this title.
RCW 62A.9A-407 Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest.
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(a) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (b) of this section, a term in a lease agreement is ineffective to the extent that it:(1) Prohibits, restricts, or requires the consent of a party to the lease to the assignment or t…
RCW 62A.9A-408 Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective.
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(a) Term restricting assignment generally ineffective. Except as otherwise provided in subsections (b) and (f) of this section, a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or a general i…
RCW 62A.9A-409 Restrictions on assignment of letter-of-credit rights ineffective.
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(a) Term or law restricting assignment generally ineffective. A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated perso…
RCW 62A.9A-501 Filing office.
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(a) Filing offices. Except as otherwise provided in subsection (b) of this section, if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural li…
RCW 62A.9A-502 Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.
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(a) Sufficiency of financing statement. Subject to subsection (b) of this section, a financing statement is sufficient only if it:(1) Provides the name of the debtor;(2) Provides the name of the secured party or a representative of the secured party; and(3) Indicates the collater…
RCW 62A.9A-503 Name of debtor and secured party.
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(a) Sufficiency of debtor's name. A financing statement sufficiently provides the name of the debtor:(1) Except as otherwise provided in (3) of this subsection (a), if the debtor is a registered organization or the collateral is held in a trust that is a registered organization, …
RCW 62A.9A-504 Indication of collateral.
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A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:(1) A description of the collateral pursuant to RCW 62A.9A-108; or(2) An indication that the financing statement covers all assets or all personal property.[2000 c 250 s…
RCW 62A.9A-505 Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions.
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(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 intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in RCW 62A.9A-311(a), using …
RCW 62A.9A-506 Effect of errors or omissions.
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(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 misleading.(b) Financing statement seriously …
RCW 62A.9A-507 Effect of certain events on effectiveness of financing statement.
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(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 agricultural lien continues, even if the secured party knows of or consents to the dis…
RCW 62A.9A-508 Effectiveness of financing statement if new debtor becomes bound by security agreement.
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(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 security interest in collateral in which a new debtor has or acquires rights to the extent that the financ…
RCW 62A.9A-509 Persons entitled to file a record.
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(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 authorizes the filing in a signed record or pursu…
RCW 62A.9A-510 Effectiveness of filed record.
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(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 RCW 62A.9A-509.(b) Authorization by one secured party of record. A record authorized by one secured party of record does not affect the fi…
RCW 62A.9A-511 Secured party of record.
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(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 been filed. If an initial financing…
RCW 62A.9A-512 Amendment of financing statement.
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(a) Amendment of information in financing statement. Subject to RCW 62A.9A-509, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to subsection (e) of this section, otherwise amend the information provided in, a financing st…
RCW 62A.9A-513 Termination statement.
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(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 secured by the collateral covered by t…
RCW 62A.9A-514 Assignment of powers of secured party of record.
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(a) Assignment reflected on initial financing statement. Except as otherwise provided in subsection (c) of this section, an initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing …
RCW 62A.9A-515 Duration and effectiveness of financing statement; effect of lapsed financing statement.
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(a) Five-year effectiveness. Except as otherwise provided in subsections (b), (e), (f), and (g) of this section, a filed financing statement is effective for a period of five years after the date of filing.(b) [Reserved](c) Lapse and continuation of financing statement. The effec…
RCW 62A.9A-516 What constitutes filing; effectiveness of filing.
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(a) What constitutes filing. Except as otherwise provided in subsection (b) of this section, 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.(b) Refusal to accept record; filing does not…
RCW 62A.9A-517 Effect of indexing errors.
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The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.[2000 c 250 s 9A-517.]
RCW 62A.9A-518 Claim concerning inaccurate or wrongfully filed record.
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(a) Statement with respect to recordindexed 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 believes that the record is inaccurate or was wrongfully filed.(b) Content…
RCW 62A.9A-519 Numbering, maintaining, and indexing records; communicating information provided in records.
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(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 number assigned to the filed record and the date and time of filing;(3) Maintain the filed record for publ…
RCW 62A.9A-520 Acceptance and refusal to accept record.
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(a) Mandatory refusal to accept record. The filing office described in RCW 62A.9A-501(a)(2) shall refuse to accept a record for filing for a reason set forth in RCW 62A.9A-516(b). A filing office described in RCW 62A.9A-501(a)(1) shall refuse to accept a record for filing for a r…
RCW 62A.9A-521 Uniform form of written financing statement and amendment.
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(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 in RCW 62A.9A-516(b):UCC FINANCING STATEMENTFOLLOW INSTRUCTIONS A.NAME …
RCW 62A.9A-522 Maintenance and destruction of records.
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(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 statement has lapsed under RCW 62A.9A-515 with respect to a…
RCW 62A.9A-523 Information from filing office; sale or license of records.
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(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 number assigned to the record pursuant to RCW 62A.9A-519(a)(1) and the date…
RCW 62A.9A-524 Delay by filing office.
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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 control of the filing office; and(2…
RCW 62A.9A-525 Fees.
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(a) Filing with department of licensing. Except as otherwise provided in subsection (b) or (e) of this section, the fee for filing and indexing a record under this part is the fee set by department of licensing rule pursuant to subsection (f) of this section. Without limitation, …
RCW 62A.9A-526 Filing-office rules.
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(a) Adoption of filing-office rules. The department of licensing 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 34.05 RCW.(b) Harmonization of rules…
RCW 62A.9A-527 Duty to report.
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The department of licensing shall report annually on or before December 31st to the governor on the operation of the filing office.[2000 c 250 s 9A-527.]
RCW 62A.9A-601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.
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(a) Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in RCW 62A.9A-602, those provided by agreement of the parties. A secured party:(1) May reduce a claim to judgment, foreclose, or otherw…
RCW 62A.9A-602 Waiver and variance of rights and duties.
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Except as otherwise provided in RCW 62A.9A-624, to the extent that they give rights to an obligor (other than a secondary obligor) or a debtor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:(1) R…
RCW 62A.9A-603 Agreement on standards concerning rights and duties.
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(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 RCW 62A.9A-602 if the standards are not manifestly unreasonable.(b) Agreed standards …
RCW 62A.9A-604 Procedure if security agreement covers real property, fixtures, or manufactured home.
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(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 prejudicing any rights with respect to the real property; or(2) As to both the personal…
RCW 62A.9A-605 Unknown debtor or secondary obligor.
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(a) In general: No duty owed by secured party. Except as provided in subsection (b) of this section, 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 knows:(A) That the person is a debto…
RCW 62A.9A-606 Time of default for agricultural lien.
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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.[2000 c 250 s 9A-606.]
RCW 62A.9A-607 Collection and enforcement by secured party.
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(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 performance to or for the benefit of the secured party;(2) May take…
RCW 62A.9A-608 Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.
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(a) Application of proceeds, surplus, and deficiency if obligation secured. If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:(1) A secured party shall apply or pay over for application the cash proceeds of coll…
RCW 62A.9A-609 Secured party's right to take possession after default.
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(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 dispose of collateral on a debtor's premises under RCW 62A.9A-610.(b…
RCW 62A.9A-610 Disposition of collateral after default.
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(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 processing.(b) Commercially reasonable disposition. Every …
RCW 62A.9A-611 Notification before disposition of collateral.
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(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 debtor and any secondary obligor waive the right to notification.…
RCW 62A.9A-612 Timeliness of notification before disposition of collateral.
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(a) Reasonable time is question of fact. Except as otherwise provided in subsection (b) of this section, whether a notification is sent within a reasonable time is a question of fact.(b) Ten-day period sufficient in nonconsumer transaction. In a transaction other than a consumer …
RCW 62A.9A-613 Contents and form of notification before disposition of collateral: General.
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(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:(A) Describes the debtor and the secured party;(B) Describes the collateral that is the su…
RCW 62A.9A-614 Contents and form of notification before disposition of collateral: Consumer-goods transaction.
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(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:(A) The information specified in RCW 62A.9A-613(a)(1);(B) A description of any liability for a deficiency of …
RCW 62A.9A-615 Application of proceeds of disposition; liability for deficiency and right to surplus.
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(a) Application of proceeds. A secured party shall apply or pay over for application the cash proceeds of disposition under RCW 62A.9A-610 in the following order to:(1) The reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing, and, to the…
RCW 62A.9A-616 Explanation of calculation of surplus or deficiency.
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(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 this section of how the secured party calculated the surplus or deficiency;(C) States, if app…
RCW 62A.9A-617 Rights of transferee of collateral.
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(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 disposition is made; and(3) Discharges any subordinate s…
RCW 62A.9A-618 Rights and duties of certain secondary obligors.
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(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 obligation from the secured party;(2) Receives a transfer of co…
RCW 62A.9A-619 Transfer of record or legal title.
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(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 party has exercised its post-default remedies w…
RCW 62A.9A-620 Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.
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(a) Conditions to acceptance in satisfaction. A secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:(1) The debtor consents to the acceptance under subsection (c) of this section;(2) The secured party does not receive, within t…