# Commercial Law (GCL)

## Title 9. Secured Transactions

### Subtitle 8. Transition Provisions for 2012 Amendments

#### Section 9-801

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

(b) "Act" means Chapter 674 of the Acts of the General Assembly of 2012.

(c) "Pre-effective-date financing statement" means a financing statement filed before the effective date of the Act.

#### Section 9-802

The Act takes effect on July 1, 2013.

#### Section 9-803

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

(b) The Act does not affect an action, case, or proceeding commenced before the Act takes effect.

#### Section 9-804

(a) A security interest that is a perfected security interest immediately before the Act takes effect is a perfected security interest under this title, as amended by the Act, if, when the Act takes effect, the applicable requirements for attachment and perfection under this title, as amended by the Act, are satisfied without further action.

(b) Except as otherwise provided in Sec. 9-806, if, immediately before the Act takes effect, a security interest is a perfected security interest, but the applicable requirements for perfection under this title, as amended by the Act, are not satisfied when the Act takes effect, the security interest remains perfected thereafter only if the applicable requirements for perfection under this title, as amended by the Act, are satisfied within one year after the Act takes effect.

#### Section 9-805

A security interest that is an unperfected security interest immediately before the Act takes effect becomes a perfected security interest:

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

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

#### Section 9-806

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

(b) The Act does not render ineffective an effective financing statement that, before the Act takes effect, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this title as it existed before the effective date of the Act. However, except as otherwise provided in subsections (c) and (d) and Sec. 9-807, the financing statement ceases to be effective:

  (1) If the financing statement is filed in this State, at the time the financing statement would have ceased to be effective had the Act not taken effect; or

  (2) If the financing statement is filed in another jurisdiction, at the earlier of:

    (A) The time the financing statement would have ceased to be effective under the law of that jurisdiction; or

    (B) June 30, 2018.

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

(d) Subsection (b)(2)(B) applies to a financing statement that, before the Act 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 this title as it existed before the effective date of the Act, only to the extent that this title, as amended by the Act, 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.

(e) A financing statement that includes a financing statement filed before the Act takes effect and a continuation statement filed after the Act takes effect is effective only to the extent that it satisfies the requirements of Subtitle 5, as amended by the Act, for an initial financing statement. A financing statement that indicates that the debtor is a decedent's estate indicates that the collateral is being administered by a personal representative within the meaning of Sec. 9-503(a)(2), as amended by the Act. A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of Sec. 9-503(a)(3), as amended by the Act.

#### Section 9-807

(a) The filing of an initial financing statement in the office specified in Sec. 9-501 continues the effectiveness of a pre-effective-date financing statement if:

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

  (2) The pre-effective-date financing statement was filed in an office in another 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:

  (1) If the initial financing statement is filed before the Act takes effect, for the period provided in Sec. 9-515, as it existed before the Act takes effect, with respect to an initial financing statement; and

  (2) If the initial financing statement is filed after the Act takes effect, for the period provided in Sec. 9-515, as amended by the Act, 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, as amended by the Act, 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 9-808

(a) After the Act 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 this title, as amended by the Act. 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.

(b) Except as otherwise provided in subsection (c), 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 the Act 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. 9-807(c); or

  (3) An initial financing statement that provides the information as amended and satisfies Sec. 9-807(c) is filed in the office specified in Sec. 9-501.

(c) 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. 9-806(c) and (e) or Sec. 9-807.

(d) Whether or not the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this State may be terminated after the Act 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. 9-807(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in this title, as amended by the Act, as the office in which to file a financing statement.

#### Section 9-809

A person may file an initial financing statement or a continuation statement under this subtitle 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 the Act takes effect; or

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

#### Section 9-810

The Act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before the Act takes effect, this title, as it existed before the Act takes effect, determines priority.

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