Farm Product Filings (FPN'S)

Agricultural Liens

As of July 1, 2001 new Agricultural Lien filings (fpn's), and any amendments (including amendments to existing files), will be filed as a UCC under the new Article 9 law and not on the FPN form used in the past. This means that the only acceptable form for filing an agricultural lien (FPN) is the new National UCC Form. When filing an amendment to a FPN, which was filed prior to July 1, 2001, simply attach a copy of the original FPN filing to the new amendment form and mail it to our office. The filing fees for UCC apply.

The proper place to file an agricultural lien is outlined below.

§ 9-302. Law governing perfection and priority of agricultural liens
While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products. (Added 1999, No. 106 (Adj. Sess.), § 2, eff. July 1, 2001.)

§ 9-501. Filing office
(a) Except as otherwise provided in subsection (b), if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is:

(1) the office designated for the recording of a record of a mortgage on the related real property, if:

(A) the collateral is as-extracted collateral or timber to be cut; or

(B) the financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or

(2) the office of the secretary of state, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.

(b) The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the secretary of state. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures. (Added 1999, No. 106 (Adj. Sess.), § 2, eff. July 1, 2001.)