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The Florida Senate

2015 Florida Statutes

Title XXXIX COMMERCIAL RELATIONS
Chapter 679 UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS Entire Chapter
SECTION 5031
Name of debtor and secured party.
F.S. 679.5031
679.5031 Name of debtor and secured party.—
(1) A financing statement sufficiently provides the name of the debtor:
(a) Except as otherwise provided in paragraph (c), if the debtor is a registered organization or the collateral is held in a trust that is a registered organization, only if the financing statement provides the name that is stated to be the registered organization’s name on the public organic record most recently filed with or issued or enacted by the registered organization’s jurisdiction of organization that purports to state, amend, or restate the registered organization’s name;
(b) Subject to subsection (6), if the collateral is being administered by the personal representative of a decedent, only if the financing statement provides, as the name of the debtor, the name of the decedent and, in a separate part of the financing statement, indicates that the collateral is being administered by a personal representative;
(c) If the collateral is held in a trust that is not a registered organization, only if the financing statement:
1. Provides, as the name of the debtor:
a. If the organic record of the trust specifies a name for the trust, the name so specified; or
b. If the organic record of the trust does not specify a name for the trust, the name of the settlor or testator; and
2. In a separate part of the financing statement:
a. If the name is provided in accordance with sub-subparagraph 1.a., indicates that the collateral is held in a trust; or
b. If the name is provided in accordance with sub-subparagraph 1.b., provides additional information sufficient to distinguish the trust from other trusts having one or more of the same settlors or the same testator and indicates that the collateral is held in a trust, unless the additional information so indicates;
(d) Subject to subsection (7), if the debtor is an individual to whom this state has issued a driver license that has not expired or to whom the agency of this state that issues driver licenses has issued, in lieu of a driver license, a personal identification card that has not expired, only if the financing statement provides the name of the individual that is indicated on the driver license or personal identification card;
(e) If the debtor is an individual to whom paragraph (d) does not apply, only if the financing statement provides the individual name of the debtor or the surname and first personal name of the debtor; and
(f) In other cases:
1. If the debtor has a name, only if it provides the organizational name of the debtor; and
2. If the debtor does not have a name, only if it provides the names of the partners, members, associates, or other persons comprising the debtor, in a manner that each name provided would be sufficient if the person named were the debtor.
(2) A financing statement that provides the name of the debtor in accordance with subsection (1) is not rendered ineffective by the absence of:
(a) A trade name or other name of the debtor; or
(b) Unless required under subparagraph (1)(f)2., names of partners, members, associates, or other persons comprising the debtor.
(3) A financing statement that provides only the debtor’s trade name does not sufficiently provide the name of the debtor.
(4) Failure to indicate the representative capacity of a secured party or representative of a secured party does not affect the sufficiency of a financing statement.
(5) A financing statement may provide the name of more than one debtor and the name of more than one secured party.
(6) The name of the decedent indicated on the order appointing the personal representative of the decedent issued by the court having jurisdiction over the collateral is sufficient as the name of the decedent under paragraph (1)(b).
(7) If this state has issued to an individual more than one driver license or, if none, more than one identification card, of a kind described in paragraph (1)(d), the driver license or identification card, as applicable, that was issued most recently is the one to which paragraph (1)(d) refers.
(8) As used in this section, the term “name of the settlor or testator” means:
(a) If the settlor is a registered organization, the name of the registered organization indicated on the public organic record filed with or issued or enacted by the registered organization’s jurisdiction of organization; or
(b) In other cases, the name of the settlor or testator indicated in the trust’s organic record.
History.—s. 6, ch. 2001-198; s. 11, ch. 2012-59.