Louisiana § RS 9:3342 - Recordation of leases of movables

§ RS 9:3342. Recordation of leases of movables

A.(1)  Leases of movables entered into before Chapter 9 of the Louisiana Commercial Laws becomes effective may be recorded in the manner provided under this Subsection.  The lease may be recorded by either the lessor or the lessee at their option.  There is no requirement that a lease, including a financed lease entered into before the effective date of Chapter 9 of the Louisiana Commercial Laws, be recorded in order to be valid and enforceable as between the lessor and the lessee or with regard to third persons.

(2)  A multiple original or photostatic copy of the lease or an extract of the lease may be recorded in the conveyance records of the parish in which the leased property is or will be initially located as well as, where applicable, in the parish in which the lessee is domiciled or maintains its principal or registered office in this state as reflected in the records of the secretary of state at the time the lease is recorded.

(3)  For purposes of recording an extract of the lease, such an extract shall include:

(a)  The name of the lessor;

(b)  The name of the lessee;

(c)  The date of the lease;

(d)  The base term of the lease;

(e)  A brief description of the leased property; and

(f)  The location or locations at which the leased property is or will be initially located or kept when not in use elsewhere as provided in the lease.

(4)  The extract of the lease shall be executed by a proper officer of the lessor and need not be signed by the lessee or certified before a notary public.

(5)  Recorders of conveyances may assess fees for recordation of equipment leases in the same amount as assessed in connection with the recordation of leases of immovable property.  Recorders of conveyances are bound to deliver to all persons who may demand it a certificate of recorded leases still in effect which have been filed.  If there are none, the certificate shall declare this fact.  The cost of the certificate charged by the recorder of conveyances shall be the same as charged for mortgage certificates.

B.  Leases of movables entered into after January 1, 1990, may be filed as follows:

(1)  Financed leases are subject to the perfection and filing rules as provided in R.S. 10:9-101 et seq.

(2)  Other than as provided in R.S. 9:3310.1, there is no requirement that the lessor under a true lease make any type of filing in order for such a true lease to be valid and enforceable as between the lessor and the lessee or with regard to third persons.  Notwithstanding this fact, the lessor may at his sole option and discretion choose to file a financing statement with regard to such a true lease in the manner otherwise provided under R.S. 10:9-501 et seq.

(3)  Consistent with R.S. 10:9-505, the filing of a financing statement in connection with a true lease not intended for security and not otherwise subject to Chapter 9 of the Louisiana Commercial Laws shall not of itself result in such a lease being classified as a financed lease for purposes of this Chapter or otherwise.

Acts 1985, No. 592, §1, eff. July 13, 1985; Acts 1986, No. 213, §1; Acts 1989, No. 137, §4, eff. Sept.  1, 1989; Acts 2001, No. 128, §4, eff. July 1, 2001.

{{NOTE: SEE ACTS 1986, NO. 213, §2.}}