336A.01 DEFINITIONS. Subdivision 1. Applicability. The definitions in this section apply to this chapter. Subd. 2. Business day. “Business day” means a weekday on which government offices are open for business. Business day does not include state or federal holidays, Saturdays, or Sundays. Subd. 3. Buyer in the ordinary course of business. “Buyer in the […]
336A.02 SPECIFICATION OF FARM PRODUCTS. Subdivision 1. List of products. The computerized filing system must provide information about the following farm products: (1) wheat/durum; (2) alfalfa; (3) barley; (4) oats; (5) rye; (6) sorghum; (7) hay; (8) flax; (9) sunflowers; (10) field corn; (11) silage; (12) canola; (13) soybeans; (14) dry edible beans; (15) green […]
336A.03 CONTENTS OF FINANCING STATEMENT OR LIEN NOTICE. Subdivision 1. Substantial compliance. An effective financing statement or lien notice must substantially comply with this section but may contain minor errors that are not seriously misleading. Subd. 1a. Form. (a) An effective financing statement is an original or reproduced copy of the statement or an electronically […]
336A.04 FILING EFFECTIVE FINANCING STATEMENT OR LIEN NOTICE. Subdivision 1. Filing location. An effective financing statement or lien notice must be filed in the computerized filing system operated by the Office of the Secretary of State. Effective financing statements and lien notices may be filed in writing or by any other means authorized from a […]
336A.05 EFFECT OF FILING ON PERFECTION AND PRIORITY. Filing under this chapter does not affect the perfection of security interests filed under the Uniform Commercial Code or a farm products statutory lien filed in accordance with the provisions of law under which it was created and does not affect the priority of a security interest […]
336A.06 CONTINUATION STATEMENT. Subdivision 1. Filing period. A secured party may file a continuation statement for an effective financing statement within six months before a five-year effective period expires. Subd. 2. Contents. A continuation statement must: (1) be signed, authorized, or otherwise authenticated by the secured party and the debtor; (2) identify the original effective […]
336A.07 TERMINATION STATEMENTS. Subdivision 1. Requirement. (a) A secured party shall within 30 days file a lien termination statement and termination statement for the effective financing statement when: (1) an outstanding secured obligation does not exist; and (2) a written commitment to make advances, incur obligations, or otherwise give value does not exist. (b) A […]
336A.08 MASTER LIST. Subdivision 1. Compilation. (a) The secretary of state shall compile the information on effective financing statements in the computerized filing system into a master list: (1) organized according to farm product; (2) arranged within each product: (i) in alphabetical order according to the last name of the individual debtor or, in the […]
336A.09 INQUIRIES. Subdivision 1. Procedure. (a) Online and written inquiries regarding information provided by the filing of effective financing statements or lien notices may be submitted to the secretary of state during regular business hours or, if submitted online, at any time. (b) The secretary of state must, upon receiving an inquiry, provide a prompt […]
336A.10 IMMUNITY. (a) Except as provided in sections 609.87 to 609.891, the state, the secretary of state, counties, county recorders, and their employees and agents are immune from liability as a result of errors or omissions in information supplied under this chapter. (b) The secretary of state, county recorders, and their employees and agents are […]
336A.11 REGISTRATION OF FARM PRODUCT DEALERS. Subdivision 1. Requirements. Farm product dealers may register with the secretary of state to receive master lists of notices of security interests in farm products or farm products statutory liens. Registration must be made for a 12-month period. A registration is not complete until the online registration process is […]
336A.12 RULES. Subdivision 1. Authority. (a) The secretary of state may adopt permanent rules to implement this chapter. (b) If necessary to obtain federal certification of the computerized filing system, additional or alternative requirements made in conformity with United States Code, title 7, section 1631, may be adopted by the secretary of state by rule. […]
336A.13 RECEIPT OF WRITTEN NOTICE. For purposes of United States Code, title 7, section 1631, and this chapter, receipt of written notice means the date the notice is actually received by a farm product dealer or the first date that delivery is attempted by a carrier. For a mailed notice, a farm product dealer is […]
336A.14 RESTRICTED USE OF INFORMATION. A Social Security number maintained by the secretary of state under this section is private data on individuals or nonpublic data, as defined in section 13.02. Information obtained from the seller of a farm product relative to the Social Security number or tax identification number of the true owner of […]
336A.15 BUYERS TAKING FREE OF AND SUBJECT TO FARM PRODUCTS STATUTORY LIENS. Subdivision 1. Taking free of lien. Except as provided in subdivision 2, and notwithstanding other law or rule to the contrary, a buyer in the ordinary course of business who buys farm products from a seller engaged in farming operations takes free of […]
336A.16 COMMISSION MERCHANTS AND SELLING AGENTS SUBJECT TO FARM PRODUCTS STATUTORY LIEN. Subdivision 1. Selling not subject to lien. Except as provided in subdivision 2, and notwithstanding other law or rule to the contrary, a commission merchant or selling agent who sells farm products for others is not subject to a farm products statutory lien […]
