TITLE XLI
LIENS

CHAPTER 454-C
PERSONAL PROPERTY LIEN INDEX

Section 454-C:7

    454-C:7 Transition Period. –
I. "Pre-effective-date" with regard to a lien means filed with the secretary of state or a city or town clerk on or after July 1, 1996, and before July 1, 2001.
II. Not later than June 30, 2003, city and town clerks shall prepare and transmit to the secretary of state a notice of filing for every pre-effective-date federal tax lien not lapsed or fully released as of the date of such transmission, such notice of filing to be on a form prescribed by the secretary of state and containing the information specified in RSA 454-C:1, II; or, if authorized by the secretary of state, an electronic record containing such information. No city or town clerk shall have any liability on account of any error in preparing or transmitting such notices or electronic records. The secretary of state shall transmit to each such clerk an acknowledgment of receipt of such notices or electronic records, and not later than June 30, 2006, shall enter in the index the information specified in RSA 454-C:1, II regarding each such lien, or an image of the notice of filing thereof.
III. Not later than June 30, 2006, the secretary of state shall also enter in the index equivalent information or images regarding all pre-effective-date liens of all types originally filed with the secretary of state and not lapsed or fully released as of the date of such entry. Prior to the date of such entry, the secretary of state shall include all applicable information on any such liens not yet entered in the index in any response to a request for information made under RSA 382-A:9-523(c), (f), (g), or (h).
IV. Notwithstanding the provisions of RSA 454-C:3, whenever a full release of any pre-effective-date federal or state tax lien is filed with a town or city clerk, and (in the case of federal tax liens) a notice of filing of such lien or electronic record thereof has not previously been transmitted to the secretary of state pursuant to paragraph II, such clerk shall remove the lien being released from the file, and shall not forward the notice of full release to the secretary of state; and whenever a full release of any pre-effective-date lien of any type is filed with the secretary of state, and information regarding such lien has not previously been entered in the index pursuant to paragraph III, the secretary of state shall remove the lien being released from the file, and shall not enter an image of the notice of full release, or the information contained therein, in the index.

Source. 2001, 102:42, eff. July 1, 2001. 2004, 10:4, eff. April 5, 2004.