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Can you summarize NHRS 382-A:9-529?
UNIFORM COMMERCIAL CODE > Fraudulent Filing.
Short Summary
This legal document pertains to fraudulent filing under the Uniform Commercial Code in New Hampshire. It prohibits any person from intentionally or knowingly presenting or causing to be presented a financing statement for filing under certain circumstances. These circumstances include when the filing has not been authorized and the person does not have a good-faith expectation of proper authorization, when the financing statement contains a material false statement, or when the financing statement is groundless. The document outlines the liability of a person who violates these provisions, which includes monetary damages, court costs, and attorney’s fees. Additionally, it provides a remedy for the owner of property covered by a fraudulent financing statement, allowing them to file suit in court for specific relief, such as the release or cancellation of the fraudulent financing statement. The document also addresses the service of process when the person who filed the fraudulent financing statement cannot be located or is a fictitious person.
Whom does it apply to?
Any person who intentionally or knowingly presents or causes to be presented a fraudulent financing statement for filing
What does it govern?
Fraudulent filing
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
The person who violates the provisions is liable to the owner of the property covered by the financing statement or the secured party for the greater of $5,000 or actual damages, court costs, and reasonable attorney's fees.
Jurisdiction
New Hampshire