The test is whether or not a search of the filing

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The test is whether or not a search of the filing office’s records will find the filing. Note that if the debtor’s name changes, a previously filed financing statement remains effective for collateral acquired by the debtor before and within four months after the name change. Unless an amendment is filed within the four month period, however, a security interest in collateral acquired by the debtor after the four month period will be unperfected. The description of the collateral must be sufficient to identify the collateral. In addition, if the collateral is fixtures or items to be extracted from real estate (such as oils, minerals or gasses), the description of the collateral must include a description of the real estate. Where you file your financing statement depends on the type of collateral. If the collateral is fixtures or items to be extracted from real estate, you must file in the real estate records in the county in which the real property is located. If the collateral is anything else, you must file with a central office (usually the Secretary of State’s office) in the state where the debtor resides. An individual debtor resides in the state where he has his principal residence. For purposes of filing, organizations registered with the Secretary of State reside in the state under whose law they were organized. For all other secured parties (like sole proprietorships and general partnerships) you file in the state in which the business is located; if more than one, the state in which the debtor has its principal place of business. Financing statements are good for five years, but continuation statements may be filed within six months of termination. If a financing statement is required to perfect the secured party’s interest in the collateral and the secured party fails to file or files improperly, his security interest is not perfected. In that case, the secured party is treated like any other unsecured creditor and his interest in the collateral is not protected against claims by third parties. When the collateral is consumer goods, the secured party must file a termination statement within one month of the final payment or within twenty days of receipt of a demand from the debtor, whichever is earlier. When the collateral is something other than consumer goods, within twenty days of receipt of demand from the debtor, the secured party must file a termination statement or forward a termination statement to the debtor to file. If a secured party fails to file or send a termination statement as
requested, then the debtor may recover from the secured party any losses suffered by the debtor as a result of such failure by the secured party. If you click on the link labeled “MO SoS”, it will take you to the Missouri Secretary of State website. If you move your curser to Business Services, and select UCC Office from the drop down menu, you will see how to search and file UCC financing statements.

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