P.R. Laws tit. 19, § 2322

2019-02-20 00:00:00+00
§ 2322. Contents of financing statement; mortgage as financing statement; time of filing financing statement

(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 collateral covered by the financing statement.

(b) Real-property-related financing statements.— To be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or which is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy subsection (a) of this section and also:

(1) Indicate that it covers this type of collateral;

(2) indicate that it is to be filed at the corresponding section of the Registry of the Property of Puerto Rico;

(3) provide a description of the real property to which the collateral is related, and the property number, folio, volume at which the real property is recorded, and

(4) if the debtor does not have an interest of record in the real property, provide the name of a record owner.

It shall not be necessary that the financing statement be executed in deed form in order to be recorded at the Registry of Property.

(c) Deed of mortgage as financing statement.— A deed of a mortgage is effective, from the date it is filed for recordation, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if:

(1) The deed indicates the goods or accounts that it covers;

(2) the goods are or are to become fixtures related to the real property described in the deed or the collateral is related to the real property described in the deed and is as-extracted collateral or timber to be cut;

(3) the deed satisfies the requirements for a financing statement in this section other than an indication that it is to be filed in the real property records, and

(4) the deed is duly recorded.

The provisions of this subsection shall not be deemed as a limitation of the right of a secured party to file a financing statement at the Registry of Property as provided in subsection (b) of this section.

(d) Filing before security agreement or attachment.— A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.

(e) Motor vehicle registration as financing statement.— Notwithstanding anything to the contrary in subsection (a) of this section, the filing at the registry of motor vehicles of such transfer documents as may be necessary to register a motor vehicle to a lessor as its owner thereof shall constitute the filing of a financing statement sufficient to perfect a security interest in such motor vehicle in favor of lessor.

History —Sept. 19, 1996, No. 241, added as § 9-502 on Jan. 17, 2012, No. 21, § 11, eff. 1 year after Jan. 17, 2012.