24.46.010 Contents of Financing Statement - Record of Mortgage as Financing Statement - Time of Filing Financing Statement - Amending Financing Statement

(a) Subject to subsection (b), a financing statement is sufficient only if the statement:

(1) Provides the name of the debtor;

(2) Provides the name of the secured party or a representative of the secured party;

(3) Indicates the collateral covered by the financing statement; and

(4) If it is a financing statement that is to be filed to gain protection under the central notice system, the filing statement must include a reasonable description of the property, including the location of the property within the Tribal jurisdiction, and any other information required by the Tribe under any applicable law, resolution, ordinance, regulation, or other action.

(5) To be sufficient a financing statement must include the name and address of the secured party and, unless electronically filed, the signatures of the debtor and secured parties.

(b) Except as otherwise provided in subsection (b) of section 24.4272, 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) and also:

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

(2) Indicate that it is to be filed for record in the real property records;

(3) Provide a description of the real property to which the collateral is related sufficient to give constructive notice of a mortgage under the law of the Tribe if the description were contained in a record of the mortgage of the real property; and

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

(c) A record of a mortgage is effective, from the date of recording, 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 record 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 record or the collateral is related to the real property described in the record and is as-extracted collateral or timber to be cut;

(3) The record satisfies the requirements for a financing statement in this section, but:

(A) The record need not indicate that it is to be filed in the real property records;

(B) The record sufficiently provides the name of a debtor who is an individual if the record provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is an individual to whom subdivision (4) of subsection (a) of Section 24.46.020 applies; and

(C) The mortgage may not include a social security number or internal revenue service taxpayer identification number; and

(4) The record is duly recorded.

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

(e) A financing statement filed to gain protection under the central notice system must be amended within three months of a material change to reflect that change. The amended financing statement must be signed by both the debtor and secured party and filed in the same manner as the original financing statement. An electronically filed amendment does not need to be signed.

(f) Any social security number or internal revenue service taxpayer identification number submitted on a financing statement filed pursuant to Chapters 24.42 through 24.48 as a central indexing filing is an exempt record as defined by subsection c below and may not be disclosed as part of any search under Section 24.46.220 or Section 24.46.240 or as part of a copy of the record. A filing office or an officer or employee of the filing office may not be held civilly or criminally liable for the inadvertent disclosure of a social security or internal revenue service taxpayer identification number if the filer has placed the number in an improper field on the form prescribed by the secretary of state or the filer submitted a filing other than on the form prescribed by the secretary of state.