§ 25‑9‑707.  Amendment of pre‑effective‑date financing statement.

(a) "Pre‑effective‑date financing statement". – In this section, "pre‑effective‑date financing statement" means a financing statement filed before July 1, 2001.

(b) Applicable law. – After July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre‑effective‑date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3 of this Article. However, the effectiveness of a pre‑effective‑date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.

(c) Method of amending: general rule. – Except as otherwise provided in subsection (d) of this section, if the law of this State governs perfection of a security interest, the information in a pre‑effective‑date financing statement may be amended after July 1, 2001 only if:

(1) The pre‑effective‑date financing statement and an amendment are filed in the office specified in G.S. 25‑9‑501;

(2) An amendment is filed in the office specified in G.S. 25‑9‑501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies G.S. 25‑9‑706(c); or

(3) An initial financing statement that provides the information as amended and satisfies G.S. 25‑9‑706(c) is filed in the office specified in G.S. 25‑9‑501.

(d) Method of amending: continuation. – If the law of this State governs perfection of a security interest, the effectiveness of a pre‑effective‑date financing statement may be continued only under G.S. 25‑9‑705(d) and (f) or G.S. 25‑9‑706.

(e) Method of amending: additional termination rule. – Whether or not the law of this State governs perfection of a security interest, the effectiveness of a pre‑effective‑date financing statement filed in this State may be terminated after July 1, 2001, by filing a termination statement in the office in which the pre‑effective‑date financing statement is filed, unless an initial financing statement that satisfies G.S.  25‑9‑706(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3 of this Article as the office in which to file a financing statement. However, a termination statement shall not be filed under this section in the register of deeds office unless it is the office specified in G.S. 25‑9‑501.

(f) No additional fee. – No separate fee shall be charged for the filing or indexing of a concurrently filed termination statement under subdivision (c)(2) of this section. (2000‑169, s. 1; 2001‑231, s. 6.)