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General Laws

[ Subsection (a) effective until July 1, 2013. For text effective July 1, 2013, see below.]

  Section 9-503. (a) Sufficiency of debtor's name. A financing statement sufficiently provides the name of the debtor:

  (1) if the debtor is a registered organization, only if the financing statement provides the name of the debtor indicated on the public record of the debtor's jurisdiction of organization which shows the debtor to have been organized;

  (2) if the debtor is a decedent's estate, only if the financing statement provides the name of the decedent and indicates that the debtor is an estate;

  (3) if the debtor is a trust or a trustee acting with respect to property held in trust, only if the financing statement:

  (A) provides the name specified for the trust in its organic documents or, if no name is specified, provides the name of the settlor and additional information sufficient to distinguish the debtor from other trusts having 1 or more of the same settlors; and

  (B) indicates, in the debtor's name or otherwise, that the debtor is a trust or is a trustee acting with respect to property held in trust; and

  (4) in other cases:

  (A) if the debtor has a name, only if it provides the individual or organizational name of the debtor; and

  (B) 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.

[ Subsection (a) as amended by 2013, 30, Sec. 103 effective July 1, 2013. See 2013, 30, Sec. 117. For text effective until July 1, 2013, see above.]

  (a) Sufficiency of debtor's name. A financing statement sufficiently provides the name of the debtor:

  (1) except as otherwise provided in clause (3), 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 which purports to state, amend or restate the registered organization's name;

  (2) subject to subsection (f), 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;

  (3) if the collateral is held in a trust that is not a registered organization, only if the financing statement:

  (A) provides, as the name of the debtor:

  (i) if the organic record of the trust specifies a name for the trust, the name specified; or

  (ii) if the organic record of the trust does not specify a name for the trust, the name of the settlor or testator; and

  (B) in a separate part of the financing statement:

  (i) if the name is provided in accordance with subclause (A)(i), indicates that the collateral is held in a trust; or

  (ii) if the name is provided in accordance with subclause (A)(ii), provides additional information sufficient to distinguish the trust from other trusts having 1 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;

  (4) subject to subsection (g), if the debtor is an individual to whom the commonwealth has issued a driver's license or Massachusetts identification card that has not expired, only if the financing statement provides the name of the individual which is indicated on the driver's license or Massachusetts identification card;

  (5) if the debtor is an individual to whom clause (4) 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

  (6) in other cases:

  (A) if the debtor has a name, only if the financing statement provides the organizational name of the debtor; and

  (B) 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.

  (b) Additional debtor-related information. A financing statement that provides the name of the debtor in accordance with subsection (a) is not rendered ineffective by the absence of:

  (1) a trade name or other name of the debtor; or

[ Clause (2) of subsection (b) effective until July 1, 2013. For text effective July 1, 2013, see below.]

  (2) unless required under subsection (a)(4)(B), names of partners, members, associates, or other persons comprising the debtor.

[ Clause (2) of subsection (b) as amended by 2013, 30, Sec. 104 effective July 1, 2013. See 2013, 30, Sec. 117. For text effective until July 1, 2013, see above.]

  (2) unless required under subsection (a)(6)(B), names of partners, members, associates, or other persons comprising the debtor.

  (c) Debtor's trade name insufficient. A financing statement that provides only the debtor's trade name does not sufficiently provide the name of the debtor.

  (d) Representative capacity. 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.

  (e) Multiple debtors and secured parties. A financing statement may provide the name of more than 1 debtor and the name of more than 1 secured party.

[ Subsections (f) to (h) added by 2013, 30, Sec. 105 effective July 1, 2013. See 2013, 30, Sec. 117.]

  (f) Name of decedent. 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 subsection (a)(2).

  (g) Multiple driver's licenses. If the commonwealth has issued to an individual more than 1 driver's license or Massachusetts identification card of a kind described in subsection (a)(4), the 1 that was issued most recently is the 1 to which said subsection (a)(4) refers.

  (h) Definition. In this section, the "name of the settlor or testator'' shall mean:

  (1) if the settlor is a registered organization, the name that is stated to be the settlor's name on the public organic record most recently filed with or issued or enacted by the settlor's jurisdiction of organization which purports to state, amend or restate the settlor's name; or

  (2) in other cases, the name of the settlor or testator indicated in the trust's organic record.

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