Table of Contents Sec. 42a-10-101. Effective date. This title shall apply to transactions entered into
and events occurring on and after October 1, 1961. Sec. 42a-10-102. Provision for transition. (1) Subject to the following subsections on filing with respect to certain security transactions, transactions validly entered
into before October 1, 1961, and the rights, duties and interests flowing from them
remain valid thereafter and may be terminated, completed, consummated or enforced
as required or permitted by sections 21-46, 33-67 to 33-94, inclusive, 36-75, 36-77, 36-
78, 39-1 to 39-193, inclusive, 40-2 to 40-50, inclusive, 40-57 to 40-80, inclusive, 41-1
to 41-46, inclusive, 42-1 to 42-82, inclusive, 42-101 to 42-103, inclusive, 42-117 to 42-
125, inclusive, 49-77 to 49-85, inclusive, 49-92 to 49-115, inclusive, 52-201, 52-290,
52-291 or 52-551 or by any statute or other law amended or repealed by this title as
though such repeal or amendment had not occurred. Sec. 42a-10-104. Laws not repealed. Article 7 does not repeal or modify any laws
prescribing the form or contents of documents of title or the services or facilities to be
afforded by bailees, or otherwise regulating bailees' businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status
of a document of title which otherwise complies with the definition of a document of
title assigned by section 42a-1-201. Sec. 42a-10-105. Transition. Change of filing requirement. (1) Transactions
validly entered into after October 1, 1961, and before October 1, 1976, and which were
subject to the provisions of title 42a of the general statutes, revised to 1975, and which
would be subject to subsection (2) of section 42a-1-105, subsections (9) and (37) of
section 42a-1-201, subsections (1) and (2) of section 42a-2-107, subsection (2) of section
42a-5-116, subsection (1) of section 42a-9-102, sections 42a-9-103a to 42a-9-106, inclusive, 42a-9-114, 42a-9-203 to 42a-9-205, inclusive, 42a-9-301, 42a-9-302, subsections
(1) and (5) of section 42a-9-304, sections 42a-9-305 to 42a-9-308, inclusive, 42a-9-
312, 42a-9-313, 42a-9-318, 42a-9-401 to 42a-9-407, inclusive, 42a-9-408a, subsection
(3) of section 42a-9-501, subsection (2) of section 42a-9-502, section 42a-9-504, subsection (2) of section 42a-9-505 and sections 42a-10-105 to 42a-10-109, inclusive if they
had been entered into after October 1, 1976, and the rights, duties and interests flowing
from such transactions remain valid after the latter date and may be terminated, completed, consummated or enforced as required or permitted by this title, as amended.
Security interests arising out of such transactions which are perfected on October 1,
1976, shall remain perfected until they lapse as provided in this title, as amended, and
may be continued as permitted by this title, as amended, except as stated in section 42-
10-106. Sec. 42a-10-106. Transition on change of place on filing. (1) A financing statement or continuation statement filed prior to October 1, 1976, which shall not have
lapsed prior to said date shall remain effective for the period provided in title 42a prior
to said date, but not less than five years after the filing. Sec. 42a-10-107. Required refiling. (1) If a security interest is perfected or has
priority on or before October 1, 1976, as to all persons or as to certain persons without
any filing or recording, and if the filing of a financing statement would be required for
the perfection or priority of the security interest against those persons under subsection
(2) of section 42a-1-105, subsections (9) and (37) of section 42a-1-201, subsections (1)
and (2) of section 42a-2-107, subsection (2) of section 42a-5-116, subsection (1) of
section 42a-9-102, sections 42a-9-103a to 42a-9-106, inclusive, 42a-9-114, 42a-9-203
to 42a-9-205, inclusive, 42a-9-301, 42a-9-302, subsections (1) and (5) of section 42a-
9-304, sections 42a-9-305 to 42a-9-308, inclusive, 42a-9-312, 42a-9-313, 42a-9-318,
42a-9-401 to 42a-9-407, inclusive, 42a-9-408a, subsection (3) of section 42a-9-501,
subsection (2) of section 42a-9-502, section 42a-9-504, subsection (2) of section 42a-
9-505 and sections 42a-10-105 to 42a-10-109, inclusive, the perfection and priority
rights of the security interest continue until three years after October 1, 1976. The perfection will then lapse unless a financing statement is filed as provided in subsection (4)
or unless the security interest is perfected otherwise than by filing. Sec. 42a-10-108. Transition as to priorities. Except as otherwise provided in sections 42a-10-105 to 42a-10-109, inclusive, title 42a, as amended, prior to October 1,
1976, shall apply to any questions of priority if the positions of the parties were fixed
prior to October 1, 1976. In other cases questions of priority shall be determined by this
title, as amended.
Sec. 42a-10-101. Effective date.
Sec. 42a-10-102. Provision for transition.
Sec. 42a-10-104. Laws not repealed.
Sec. 42a-10-105. Transition. Change of filing requirement.
Sec. 42a-10-106. Transition on change of place on filing.
Sec. 42a-10-107. Required refiling.
Sec. 42a-10-108. Transition as to priorities.
Sec. 42a-10-109. Provisions of this title declaratory of meaning prior to October 1,
1976.
(1959, P.A. 133, S. 10-101.)
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(2) A chattel mortgage which was filed before October 1, 1961, as provided in
section 49-96, or a contract of conditional sale which was filed before October 1, 1961,
as provided in section 42-77, need not be refiled under the provisions of article 9 of this
title. Such a filing made before October 1, 1961, shall continue effective until three
years after the date on which the final payment set forth in the chattel mortgage or
contract of conditional sale becomes due and payable. After the date specified in the
preceding sentence such a filing shall no longer be effective even though the conditional
sale vendor or the chattel mortgagee has filed with the appropriate town clerk the request
in writing referred to in section 42-78 and even though the town clerk continues to keep
the chattel mortgage or the contract of conditional sale, together with any such request,
on file.
(3) A statement of trust receipt financing which was filed before October 1, 1961,
as provided in section 40-72, need not be refiled under the provisions of article 9 of this
title with respect to any trust receipt transaction, as defined in section 40-61, under which
the entruster acquired a security interest before October 1, 1961. The article on secured
transactions (Article 9) governs the validity and perfection of any such transaction which
occurs on or after October 1, 1961.
(4) A notice of a factor's lien on merchandise, goods and accounts receivable which
was filed before October 1, 1961, as provided in sections 49-79 and 49-80 need not be
refiled under the provisions of article 9 of this title with respect to any lien which such
a factor was entitled to claim on October 1, 1961, under section 49-78. The article on
secured transactions (Article 9) governs the validity and perfection of any transaction
entered into on or after October 1, 1961, which would previously have been subject to
the factor's lien act, sections 49-77 to 49-92.
(5) The assignment of an account which was subject to sections 42-117 to 42-125
and which was made before October 1, 1961, shall continue to be valid as provided in
those sections without compliance with the filing provisions of article 9 of this title.
The article on secured transactions (Article 9) governs the validity and perfection of
any such assignment made on or after October 1, 1961, even though the assignment is
made pursuant to or arises under an agreement entered into before October 1, 1961.
(6) A financing statement which contains the information required in section 42a-
9-402 may be filed on or after October 1, 1961, in the place specified for filing in section
42a-9-401, with respect to transactions taking place before October 1, 1961. If a security
interest arising from any such transaction was perfected under the law applicable thereto,
filing under this title continues the perfected status of the interest. If any such interest
was not perfected under applicable law, filing under this title perfects the interest from
the time of filing. With respect to a chattel mortgage filed before October 1, 1961, as
provided in section 49-96, or a contract of conditional sale filed before October 1, 1961,
as provided in section 42-77, the financing statement need be signed only by the chattel
mortgagee or conditional sale vendor as secured party and need not be signed by the
chattel mortgagor or conditional vendee.
(1959, P.A. 133, S. 10−102; 615, S. 28; 1961, P.A. 116, S. 16.)
History: 1959, P.A. 615 deleted reference to Sec. 42-98 in Subsec. (1); 1961 act added Subsecs. (2)−(6).
Note: 1959, Public Act 133, S. 10-103 was omitted in the printing of this volume
since it is a general repealing provision, a statutory form not used in this state.
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(1959, P.A. 133, S. 10-104.)
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(2) A security interest for the perfection of which filing or the taking of possession
was required under title 42a of the general statutes, revised to 1975, prior to October 1,
1976, and which attached prior to October 1, 1976, but was not perfected shall be deemed
perfected on October 1, 1976, if this title, as amended, permits perfection without filing
or authorizes filing in the office or offices where a prior ineffective filing was made.
(P.A. 76-369, S. 40, 41.)
History: Subsec. indicators "(1)" and "(2)" were substituted editorially for the incorrect Subsec. indicators "(a)" and
"(b)" in 1991.
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(2) With respect to any collateral acquired by the debtor subsequent to October 1,
1976, any effective financing statement or continuation statement described in this section shall apply only if the filing or filings are in the office or offices that would be
appropriate to perfect the security interests in the new collateral under this title, as
amended.
(3) The effectiveness of any financing statement or continuation statement filed
prior to October 1, 1976, may be continued by a continuation statement as permitted
by subsection (2) of section 42a-1-105, subsections (9) and (37) of section 42a-1-201,
subsections (1) and (2) of section 42a-2-107, subsection (2) of section 42a-5-116, subsection (1) of section 42a-9-102, sections 42a-9-103a to 42a-9-106, inclusive, 42a-9-
114, 42a-9-203 to 42a-9-205, inclusive, 42a-9-301, 42a-9-302, subsections (1) and (5)
of section 42a-9-304, sections 42a-9-305 to 42a-9-308, inclusive, 42a-9-312, 42a-9-
313, 42a-9-318, 42a-9-401 to 42a-9-407, inclusive, 42a-9-408a, subsection (3) of section 42a-9-501, subsection (2) of section 42a-9-502, section 42a-9-504, subsection (2)
of section 42a-9-505 and sections 42a-10-105 to 42a-10-109, inclusive, except that if
said sections and subsections require a filing in an office where there was no previous
financing statement, a new financing statement conforming to section 42a-10-107 shall
be filed in that office.
(4) If the record of a mortgage of real estate would have been effective as a fixture
filing of goods described therein if subsection (2) of section 42a-1-105, subsections (9)
and (37) of section 42a-1-201, subsections (1) and (2) of section 42a-2-107, subsection
(2) of section 42a-5-116, subsection (1) of section 42a-9-102, sections 42a-9-103a to
42a-9-106, inclusive, 42a-9-114, 42a-9-203 to 42a-9-205, inclusive, 42a-9-301, 42a-9-
302, subsections (1) and (5) of section 42a-9-304, sections 42a-9-305 to 42a-9-308,
inclusive, 42a-9-312, 42a-9-313, 42a-9-318, 42a-9-401 to 42a-9-407, inclusive, 42a-9-
408a, subsection (3) of section 42a-9-501, subsection (2) of section 42a-9-502, section
42a-9-504, subsection (2) of section 42a-9-505 and sections 42a-10-105 to 42a-10-109,
inclusive had been in effect on the date of recording the mortgage, the mortgage shall
be deemed effective as a fixture filing as to such goods under subsection (6) of section
42a-9-402 on October 1, 1976.
(P.A. 76-369, S. 42.)
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(2) If a security interest is perfected on or before October 1, 1976, under a law other
than this title, as amended, which requires no further filing, refiling or recording to
continue its perfection, perfection continues until and will lapse three years after October
1, 1976, unless a financing statement is filed as provided in subsection (4) or unless the
security interest is perfected otherwise than by filing, or unless under subsection (3) of
section 42a-9-302 the other law continues to govern filing.
(3) If a security interest is perfected by a filing, refiling or recording under a law
repealed by subsection (2) of section 42a-1-105, subsections (9) and (37) of section 42a-
1-201, subsections (1) and (2) of section 42a-2-107, subsection (2) of section 42a-5-
116, subsection (1) of section 42a-9-102, sections 42a-9-103a to 42a-9-106, inclusive,
42a-9-114, 42a-9-203 to 42a-9-205, inclusive, 42a-9-301, 42a-9-302, subsections (1)
and (5) of section 42a-9-304, sections 42a-9-305 to 42a-9-308, inclusive, 42a-9-312,
42a-9-313, 42a-9-318, 42a-9-401 to 42a-9-407, inclusive, 42a-9-408a, subsection (3)
of section 42a-9-501, subsection (2) of section 42a-9-502, section 42a-9-504, subsection
(2) of section 42a-9-505 and sections 42a-10-105 to 42a-10-109, inclusive which required further filing, refiling or recording to continue its perfection, perfection continues
and will lapse on the date provided by the law so repealed for such further filing, refiling
or recording unless a financing statement is filed as provided in subsection (4) or unless
the security interest is perfected otherwise than by filing.
(4) A financing statement may be filed within six months before the perfection of
a security interest would otherwise lapse. Any such financing statement may be signed
by either the debtor or the secured party. It must identify the security agreement, statement or notice, state the office where and the date when the last filing, refiling or recording, if any, was made with respect thereto, and the filing number, if any, or book
and page, if any, of recording and further state that the security agreement, statement
or notice, however denominated, in another filing office under this title, as amended,
or under any statute or other law repealed or modified by subsection (2) of section 42a-
1-105, subsections (9) and (37) of section 42a-1-201, subsections (1) and (2) of section
42a-2-107, subsection (2) of section 42a-5-116, subsection (1) of section 42a-9-102,
sections 42a-9-103a to 42a-9-106, inclusive, 42a-9-114, 42a-9-203 to 42a-9-205, inclusive, 42a-9-301, 42a-9-302, subsections (1) and (5) of section 42a-9-304, sections 42a-
9-305 to 42a-9-308, inclusive, 42a-9-312, 42a-9-313, 42a-9-318, 42a-9-401 to 42a-9-
407, inclusive, 42a-9-408a, subsection (3) of section 42a-9-501, subsection (2) of section
42a-9-502, section 42a-9-504, subsection (2) of section 42a-9-505 and sections 42a-10-
105 to 42a-10-109, inclusive is still effective. Section 42a-9-401 and section 42a-9-
103a determine the proper place to file such a financing statement. Except as specified
in this subsection, the provisions of subsection (3) of section 42a-9-403 for continuation
statements apply to such a financing statement.
(P.A. 76-369, S. 43.)
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(P.A. 76-369, S. 44.)
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