States that, notwithstanding any other provision of Federal, State, or local law, a buyer who in the ordinary course of business buys farm products from a seller engaged in farming operations shall take free of any seller-created security interest even though the security interest is perfected and the buyer knows of its existence, unless: (1) within 12 months prior to the sale the buyer has received written notice from the seller or secured party of the security interest and any payment obligation on the buyer as a condition for release of the interest; and (2) the buyer fails to perform such obligations.
States that, notwithstanding any other provision of Federal, State, or local law, a commission merchant or selling agent who in the ordinary course of business sells farm products for another person will not be liable to the holder of a security interest in such products even though the security interest is perfected and the commission merchant or selling agent knows of its existence.
Authorizes such security agreements to require an agricultural borrower pledging farm products as loan security to furnish a list of potential purchasers to the secured party. Establishes compliance procedures in the event pledged products are sold to an unlisted purchaser, including fines of up to $5,000 for noncompliance.
Introduced in Senate
Read twice and referred to the Committee on Agriculture.
Committee on Agriculture requested executive comment from Agriculture Department.
Committee on Agriculture. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Agriculture. Reported to Senate by Senator Helms with an amendment in the nature of a substitute and an amendment to the title. With written report No. 99-147. Minority views filed.
Committee on Agriculture. Reported to Senate by Senator Helms with an amendment in the nature of a substitute and an amendment to the title. With written report No. 99-147. Minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 336.
Referred to the Committee on Banking by unanimous consent for a period not to extend October 18, 1985.
Committee on Banking. Hearings held. Hearings printed: S.Hrg. 99-381.
Senate Committee on Banking discharged.
Senate Committee on Banking discharged.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 350.
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