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Sponsors
No co-sponsors yet.
History
- Substituted by A3457
- Advanced to third reading
- 2nd report cal.
- 1st report cal.648
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the filing of a false financing statement
Signed by Governor · Sponsor Dennis H. Gabryszak
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S6354
Title of bill
An act to amend the criminal procedure law, in relation to the filing of a false financing statement
Purpose or general idea of bill
Amends the Criminal Procedure law to require a court to issue and file with the New York Secretary of State a certificate of conviction in cases where a defendant is convicted of a crime involving intentionally filing or causing to be filed a false financing statement under article nine of the uniform commercial code form UCC1 as well as certify that such defendant was listed as the secured party and specify the material filing information relating to such conviction, including the name of the debtor and description of collateral covered by the claim.
Summary of specific provisions
Section 1 of the bill amends the Criminal Procedure law to require a court to issue and file with the New York Secretary of State a certificate of conviction in cases where a defendant is convicted of a crime involving intentionally filing or causing to be filed a false financing statement under article nine of the uniform commercial code form UCC1. Specifically, a court must certify that such defendant was listed as the secured party and specify the material filing information relating to such conviction, including the name of the debtor and description of collateral covered by the claim.
Justification
This bill provides a remedy for victims subject to false financing statements filed against them pursuant to article nine of the uniform commercial code UCC1 form which wrongfully claim that such victim is indebted or obligated to a defendant, or secured party, in a criminal action. The effect of a false financing statement can be damage to a victim's credit. Currently, when a victim believes a false financing statement has been filed against him or her, a victim can file a correction statement with the Secretary of State which records the UCC1 forms. This bill would assist victims in proving that a financing statement was bogus or false with a certification filed with the Secretary of State by a court where a conviction has been entered certifying that criminal conviction was entered against a particular defendant, or secured party, and the specific filing information related to the victim's false financing statement.
Prior legislative history
A.10572 of 2010.
Fiscal implications
None to New York State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.