# Commercial Law (GCL)

## Title 9. Secured Transactions

### Subtitle 7. Transition

#### Section 9-701

(a) This title takes effect at 12:01 a.m. on July 1, 2001.

(b) In this subtitle the following words have the meanings indicated.

  (1) "Original Code" means Chapter 538 of the Acts of 1963, as the provisions of that chapter were amended prior to 12:01 a.m. on January 1, 1981.

  (2) "Prior Code" means Chapter 824 of the Acts of 1980, as the provisions of that chapter were amended prior to the effective date of this title.

#### Section 9-702

(a) Except as otherwise provided in this subtitle, this title applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this title takes effect.

(b) Except as otherwise provided in subsection (c) and Sec.Sec. 9-703 through 9-709:

  (1) Transactions and liens that were not governed by the original Code or the prior Code, were validly entered into or created before this title takes effect, and would be subject to this title if they had been entered into or created after this title takes effect, and the rights, duties, and interests flowing from those transactions and liens remain valid after this title takes effect; and

  (2) The transactions and liens may be terminated, completed, consummated, and enforced as required or permitted by this title or by the law that otherwise would apply if this title had not taken effect.

(c) This title does not affect an action, case, or proceeding commenced before this title takes effect.

#### Section 9-703

(a) A security interest that is enforceable immediately before this title takes effect and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this title if, when this title takes effect, the applicable requirements for enforceability and perfection under this title are satisfied without further action.

(b) Except as otherwise provided in Sec. 9-705, if, immediately before this title takes effect, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this title are not satisfied when this title takes effect, the security interest:

  (1) Is a perfected security interest for one year after this title takes effect;

  (2) Remains enforceable thereafter only if the security interest becomes enforceable under Sec. 9-203 before the year expires; and

  (3) Remains perfected thereafter only if the applicable requirements for perfection under this title are satisfied before the year expires.

#### Section 9-704

A security interest that is enforceable immediately before this title takes effect but which would be subordinate to the rights of a person that becomes a lien creditor at that time:

(1) Remains an enforceable security interest for one year after this title takes effect;

(2) Remains enforceable thereafter if the security interest becomes enforceable under Sec. 9-203 when this title takes effect or within one year thereafter; and

(3) Becomes perfected:

  (A) Without further action, when this title takes effect if the applicable requirements for perfection under this title are satisfied before or at that time; or

  (B) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.

#### Section 9-705

(a) If action, other than the filing of a financing statement, is taken before this title takes effect and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before this title takes effect, the action is effective to perfect a security interest that attaches under this title within one year after this title takes effect. An attached security interest becomes unperfected one year after this title takes effect unless the security interest becomes a perfected security interest under this title before the expiration of that period.

(b) The filing of a financing statement before this title takes effect is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this title.

(c) This title does not render ineffective an effective financing statement that, before this title takes effect, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in the prior Code. However, except as otherwise provided in subsections (e) and (f) and Sec. 9-706, the financing statement ceases to be effective at the earlier of:

  (1) The time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or

  (2) June 30, 2006.

(d) Subsection (c) applies to all financing statements filed in this State before this title takes effect, including those filed with respect to security interests in collateral governed as to perfection by the local law of this State under the prior Code and this title.

(e) The filing of a continuation statement after this title takes effect does not continue the effectiveness of the financing statement filed before this title takes effect. However, upon the timely filing of a continuation statement after this title takes effect and in accordance with the law of the jurisdiction governing perfection as provided in Subtitle 3 of this title, the effectiveness of a financing statement filed in the same office in that jurisdiction before this title takes effect continues for the period provided by the law of that jurisdiction.

(f) Subsection (c)(2) applies to a financing statement that, before this title takes effect, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in prior Code Sec. 9-103, only to the extent that Subtitle 3 of this title provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.

(g) A financing statement that includes a financing statement filed before this title takes effect and a continuation statement filed after this title takes effect is effective only to the extent that it satisfies the requirements of Subtitle 5 of this title for an initial financing statement.

#### Section 9-706

(a) The filing of an initial financing statement in the office specified in Sec. 9-501 continues the effectiveness of a financing statement filed before this title takes effect if:

  (1) The filing of an initial financing statement in that office would be effective to perfect a security interest under this title;

  (2) The pre-effective-date financing statement was filed in an office in another state or another office in this State; and

  (3) The initial financing statement satisfies subsection (c).

(b) The filing of an initial financing statement under subsection (a) continues the effectiveness of the pre-effective-date financing statement for the period in Sec. 9-515 with respect to an initial financing statement.

(c) To be effective for purposes of subsection (a), an initial financing statement must:

  (1) Satisfy the requirements of Subtitle 5 of this title for an initial financing statement;

  (2) Identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and

  (3) Indicate that the pre-effective-date financing statement remains effective.

#### Section 9-707

(a) In this section, "pre-effective-date financing statement" means a financing statement filed before this title takes effect.

(b) After this title takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Subtitle 3 of this title. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.

(c) Except as otherwise provided in subsection (d), if the law of this State governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after this title takes effect only if:

  (1) The pre-effective-date financing statement and an amendment are filed in the office specified in Sec. 9-501;

  (2) An amendment is filed in the office specified in Sec. 9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies Sec. 9-706(c); or

  (3) An initial financing statement that provides the information as amended and satisfies Sec. 9-706(c) is filed in the office specified in Sec. 9-501.

(d) If the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under Sec. 9-705(e) and (g) or Sec. 9-706.

(e) Whether or not the law of this State governs the perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this State may be terminated after this title takes effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies Sec. 9-706(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Subtitle 3 of this title as the office in which to file a financing statement.

#### Section 9-708

A person may file an initial financing statement or a continuation statement under this part if:

(1) The secured party of record authorizes the filing; and

(2) The filing is necessary under this subtitle:

  (A) To continue the effectiveness of a financing statement filed before this title takes effect; or

  (B) To perfect or continue the perfection of a security interest.

#### Section 9-709

(a) This title determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this title takes effect, the prior Code determines priority.

(b) For purposes of Sec. 9-322(a), the priority of a security interest that becomes enforceable under Sec. 9-203 of this title dates from the time this title takes effect if the security interest is perfected under this title by the filing of a financing statement before this title takes effect which would not have been effective to perfect the security interest under the prior Code. This subsection does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement.

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Md. Code Ann., Com. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)