Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 9. · Article 9. SECURED TRANSACTIONS · Part 5. FILING

11-9-501. Filing office.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Filing offices. Except as otherwise provided in subsection (b) of this Code section, if the 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 lien is:#
1. (1)
  The office designated for the filing or recording of a record of a mortgage on the related real property, if:#
  (A)
  The collateral is as-extracted collateral, growing crops, or timber to be cut; or#
  (B)
  The financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or#
2. (2)
  The office of the clerk of the superior court of any county of this state, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.#
(b)
Filing office for transmitting utilities. The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the clerk of the superior court of any county of this state. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 11-9-501, enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2002, p. 995, § 6.

Editor's notes

Ga. L. 2002, p. 995, § 8, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2002, and shall apply to a letter of credit that is issued on or after July 1, 2002. This Act does not apply to a transaction, event, obligation, or duty arising out of or associated with a letter of credit that was issued before July 1, 2002.”

Law reviews

For article, “Real Property and the Federal Tax Lien Act of 1966,” see 3 Ga. St. B.J. 459 (1967). For comment on In re Carmichael Enters., Inc., 334 F. Supp. 94 (N.D. Ga. 1971), aff’d per curiam, 460 F.2d 1405 (5th Cir. 1972), holding that the proper place for debtor corporation to file financial statement is the “factual” principal place of business, see 9 Ga. St. B.J. 388 (1973). For article, “The Revisions to Article IX of the Uniform Commercial Code,” see 15 Ga. St. B.J. 120 (1977). For article surveying developments in Georgia commercial law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 33 (1981). For survey article on commercial law, see 34 Mercer L. Rev. 31 (1982). For annual survey article discussing central filing system, see 46 Mercer L. Rev. 95 (1994).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, pages 854 to 855; merge action: carried; file SHA-256 ad397fccbf21.

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