AB111: Bill Text

AB111,38,8 4. A receiver in equity from the time of appointment.

AB111,38,18 (n) "Manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the U.S. secretary of housing and urban development and complies with the standards established under title 42 of the U.S. code.

AB111,38,19 (ng) "Manufactured-home transaction" means a secured transaction:

AB111,38,21 1. That creates a purchase-money security interest in a manufactured home, other than a manufactured home held as inventory; or

AB111,38,23 2. In which a manufactured home, other than a manufactured home held as inventory, is the primary collateral.

AB111,38,25 (nm) "Mortgage" means a consensual interest in real property, including fixtures, which secures payment or performance of an obligation.

AB111,39,2 (ns) "New debtor" means a person that becomes bound as debtor under s. 409.203 (4) by a security agreement previously entered into by another person.

AB111,39,6 (o) "New value" means money; money's worth in property, services, or new credit; or release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation.

AB111,39,7 (odm) "Nominated person" means a person whom the issuer:

AB111,39,9 1. Designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit; and

AB111,39,10 2. Undertakes by agreement or custom and practice to reimburse.

AB111,39,11 (og) "Noncash proceeds" means proceeds other than cash proceeds.

AB111,39,17 (om) "Obligor" means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, owes payment or other performance of the obligation; has provided property other than the collateral to secure payment or other performance of the obligation; or is otherwise accountable in whole or in part for payment or other performance of the obligation. The term does not include issuers or nominated persons under a letter of credit.

AB111,39,20 (os) "Original debtor", except as used in s. 409.310 (3), means a person that, as debtor, entered into a security agreement to which a new debtor has become bound under s. 409.203 (4).

AB111,39,22 (p) "Payment intangible" means a general intangible under which the account debtor's principal obligation is a monetary obligation.

AB111,39,23 (pg) "Person related to", with respect to an individual, means:

AB111,39,24 1. The spouse of the individual;

AB111,39,25 2. A brother, brother-in-law, sister, or sister-in-law of the individual;

AB111,40,2 3. An ancestor or lineal descendant of the individual or the individual's spouse; or

AB111,40,4 4. Any other relative, by blood or marriage, of the individual or the individual's spouse who shares the same home with the individual.

AB111,40,5 (pm) "Person related to", with respect to an organization, means:

AB111,40,7 1. A person directly or indirectly controlling, controlled by, or under common control with the organization;

AB111,40,9 2. An officer or director of, or a person performing similar functions with respect to, the organization;

AB111,40,11 3. An officer or director of, or a person performing similar functions with respect to, a person described in subd. 1.;

AB111,40,12 4. The spouse of an individual described in subd. 1., 2., or 3.; or

AB111,40,14 5. An individual who is related by blood or marriage to an individual described in subd. 1., 2., 3., or 4. and shares the same home with the individual.

AB111,40,15 (ps) "Proceeds", except as used in s. 409.609 (2), means the following property:

AB111,40,17 1. Whatever is acquired upon the sale, lease, license, exchange, or other disposition of collateral;

AB111,40,18 2. Whatever is collected on, or distributed on account of, collateral;

AB111,40,19 3. Rights arising out of collateral;

AB111,40,22 4. To the extent of the value of collateral, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the collateral; or

AB111,40,25 5. To the extent of the value of collateral and to the extent payable to the debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the collateral.

AB111,41,4 (ptm) "Proceeds of a letter of credit" means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter of credit. The term does not include a beneficiary's drawing rights or documents presented by the beneficiary.

AB111,41,8 (q) "Promissory note" means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds.

AB111,41,12 (qg) "Proposal" means a record authenticated by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to ss. 409.620, 409.621, and 409.622.

AB111,41,14 (qm) "Public-finance transaction" means a secured transaction in connection with which:

AB111,41,15 1. Debt securities are issued;

AB111,41,17 2. All or a portion of the securities issued have an initial stated maturity of at least 20 years; and

AB111,41,20 3. The debtor, obligor, secured party, account debtor or other person obligated on collateral, assignor or assignee of a secured obligation, or assignor or assignee of a security interest is a state or a governmental unit of a state.

AB111,41,24 (qs) "Pursuant to commitment", with respect to an advance made or other value given by a secured party, means pursuant to the secured party's obligation, whether or not a subsequent event of default or other event not within the secured party's control has relieved or may relieve the secured party from its obligation.

AB111,42,3 (r) "Record", except as used in "for record", "of record", "record or legal title", and "record owner", means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

AB111,42,7 (rg) "Registered organization" means an organization organized solely under the law of a single state or the United States and as to which the state or the United States must maintain a public record showing the organization to have been organized.

AB111,42,8 (rm) "Secondary obligor" means an obligor to the extent that:

AB111,42,9 1. The obligor's obligation is secondary; or

AB111,42,11 2. The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either.

AB111,42,12 (rs) "Secured party" means:

AB111,42,14 1. A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;

AB111,42,15 2. A person that holds an agricultural lien;

AB111,42,16 3. A consignor;

AB111,42,18 4. A person to which accounts, chattel paper, payment intangibles, or promissory notes have been sold;

AB111,42,20 5. A trustee, indenture trustee, agent, collateral agent, or other representative in whose favor a security interest or agricultural lien is created or provided for; or

AB111,42,22 6. A person that holds a security interest arising under s. 402.401, 402.505, 402.711 (3), 404.210, 405.118, or 411.508 (5).

AB111,42,24 (s) "Security agreement" means an agreement that creates or provides for a security interest.

AB111,42,25 (sg) "Send", in connection with a record or notification, means:

AB111,43,3 1. To deposit in the mail, deliver for transmission, or transmit by any other usual means of communication, with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances; or

AB111,43,5 2. To cause the record or notification to be received within the time that it would have been received if properly sent under subd. 1.

AB111,43,8 (sm) "Software" means a computer program and any supporting information provided in connection with a transaction relating to the program. The term does not include a computer program that is included in the definition of goods.

AB111,43,11 (ss) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

AB111,43,14 (t) "Supporting obligation" means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument, or investment property.

AB111,43,16 (tg) "Tangible chattel paper" means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium.

AB111,43,18 (tm) "Termination statement" means an amendment of a financing statement which:

AB111,43,20 1. Identifies, by its file number, the initial financing statement to which it relates; and

AB111,43,22 2. Indicates either that it is a termination statement or that the identified financing statement is no longer effective.

AB111,43,24 (ts) "Transmitting utility" means a person primarily engaged in the business of:

AB111,43,25 1. Operating a railroad, subway, street railway, or trolley bus;

AB111,44,1 2. Transmitting communications electrically, electromagnetically, or by light;

AB111,44,2 3. Transmitting goods by pipeline or sewer; or

AB111,44,3 4. Transmitting or producing and transmitting electricity, steam, gas, or water.

AB111,44,5 (2) Definitions in other chapters. The following definitions in other chapters apply to this chapter:

AB111,44,6 (b) "Broker" — s. 408.102.

AB111,44,7 (bm) "Certificated security" — s. 408.102.

AB111,44,8 (c) "Check" — s. 403.104.

AB111,44,9 (cm) "Clearing corporation" — s. 408.102.

AB111,44,10 (d) "Contract for sale" — s. 402.106.

AB111,44,11 (dm) "Customer" — s. 404.104.

AB111,44,12 (e) "Entitlement holder" — s. 408.102.

AB111,44,13 (em) "Financial asset" — s. 408.102.

AB111,44,14 (f) "Holder in due course" — s. 403.302.

AB111,44,15 (g) "Issuer" (with respect to a security) — s. 408.201.

AB111,44,16 (gm) "Lease" — s. 411.103.

AB111,44,17 (h) "Lease agreement" — s. 411.103.

AB111,44,18 (hm) "Lease contract" — s. 411.103.

AB111,44,19 (i) "Leasehold interest" — s. 411.103.

AB111,44,20 (im) "Lessee" — s. 411.103.

AB111,44,21 (j) "Lessee in ordinary course of business" — s. 411.103.

AB111,44,22 (jm) "Lessor" — s. 411.103.

AB111,44,23 (k) "Lessor's residual interest" — s. 411.103.

AB111,44,24 (L) "Merchant" — s. 402.104.

AB111,44,25 (Lm) "Negotiable instrument" — s. 403.104.