CHAPTER 11.04. Continuation

• Jurisdiction: United States

11.04. Continuation

Under the Delaware U.C.C., the circumstances in which a continuation or refiling is necessary to preserve the perfection established by the financing statement filing include the following:

• appropriate continuation filings to be made within the period of six months prior to the expiration of five-year anniversary dates from the date of the original filing of the financing statement;⁸⁶
• filings required with respect to proceeds of collateral;⁸⁷
• filings required within four months of the change of name, identity, or structure made by or with respect to the debtor;⁸⁸
• filings required within four months of a change by the debtor of its location to another jurisdiction;⁸⁹ and
• filings required within one year after the transfer of collateral to a person that becomes a debtor and is located in another jurisdiction.⁹⁰

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Notes:

^[86] 6 Del. C. § 9-515(a).

^[87] 6 Del. C. § 9-315.

^[88] 6 Del. C. § 9-507(c).

^[89] 6 Del. C. § 9-316(a)(2).

^[90] 6 Del. C. § 9-316(a)(3).