New Jersey § 12:7a-12

§ 12:7a-12.

a. The purchaser of any marine equipment for which a certificate of ownership is required in this State shall, within 10 days after its purchase, submit to the director evidence

of the purchase. Upon presentation to the director of the certificate of origin or certificate of

ownership, with proper assignment and certification of the seller, a record of the

transaction shall be made and filed. A certificate of ownership shall be made and filed. A certificate of ownership shall be issued by the director and delivered to the

buyer, in case of a sale not subject to a security interest, and the director shall

collect a fee for the issuance and filing thereof. b. In the case of a sale subject to a security interest, the original certificate

of ownership, with the name and address of the holder of the encumbrance or secured

party or his assignee recorded thereon, shall be delivered to the holder of the encumbrance

or secured party or his assignee and a nonnegotiable copy thereof shall be delivered

to the buyer. The director shall collect a fee for his services in issuing a certificate and a

copy thereof, and for making and filing a record of the transaction pursuant to this

subsection. c. Except as otherwise provided in this section, whenever a security interest is created

in any marine equipment, other than a security interest which is required to be noted

on the certificate of origin or the certificate of ownership as provided in sections

11 1 and 12 of this act, there shall be filed with the director the certificate of ownership

of the marine equipment together with a financing statement on a form prescribed by

the director. The director shall make and file a record of the transaction and shall issue a certificate

of ownership recording the name and address of the secured party or his assignee thereon,

and shall deliver it to the secured party or his assignee. A copy of the certificate of ownership so issued shall be delivered to the owner. The director shall collect a fee for his services in issuing a certificate and copy

thereof and for making and filing a record of the transaction pursuant to this subsection. d. The financing statement required to be filed pursuant to subsection c. of this

section shall be signed only by the owner, shall not be required to be acknowledged

or proved, and shall show, in addition to such matters as the director may require

for the proper identification of the marine equipment affected, the date of the security

agreement, and the names and addresses of the parties thereto. The security agreement or a copy thereof, or any proof of execution thereof other

than that contained in the financing statement, need not be presented to the director. When the owner is a corporation, it shall be sufficient if the financing statement

is signed by any officer thereof, or by any agent designated by the corporation for

that purpose, and it shall not be necessary that the financing statement recite the

authorization of the agent. When there is more than one owner, it shall be sufficient if the financing statement

is signed by any one of them. e. Nothing in subsections c. and d. of this section shall apply to a security interest

in marine equipment which constitutes inventory held for sale, but the interest shall

be subject to chapter 9 of Title 12A of the New Jersey Statutes. f. In addition to the fees elsewhere in this section provided for, there shall be

paid to the director a fee for notice of satisfaction of the lien or encumbrance of

the record or abstract, or of the termination of the security interest where the marine

equipment is subject to a lien or encumbrance or a security interest. g. Notwithstanding any other provision of this section to the contrary, when any dealer is the purchaser of any marine equipment in this State, he shall, within 10 days

after its purchase, submit to the director the evidence of purchase. Upon presentation of the certificate of ownership with proper assignment and certification

of the seller to the director, a record of the transaction shall be made and filed. A certificate of ownership shall be issued by the director and delivered to the

purchaser, and the director shall collect a fee for the issuing and filing thereof. A purchaser of any marine equipment who fails to comply with the provisions of this

subsection shall pay the director a penalty plus the issuing and filing fee. h. The failure of a person to comply with the requirements of this section shall constitute

a violation within the provisions of section 25 of this act, 2 but the failure shall not affect the validity of any instrument creating or reserving

a security interest in any marine equipment as between the parties to the instrument. i. The notation of the name and business or residence address of a secured party or

his assignee on the certificate of origin or on the certificate of ownership, as provided

in sections 9 and 10 of this act, 3 and the presentation to the director of the certificate of origin or certificate

of ownership so noted, in the compliance with the security interest filing requirements

of this act, shall be in lieu of all filing requirements imposed by chapter 9 of Title

12A of the New Jersey Statutes and shall constitute the perfection of the security

interest in the marine equipment, and the rights and remedies of the debtors and the

secured parties in respect to the security interest shall, except as otherwise expressly

provided in this act, be subject to and governed by chapter 9 of Title 12A of the

New Jersey Statutes. j. Any security interest perfected pursuant to chapter 9 of Title 12A of the New Jersey

Statutes not later than 30 days after either the effective date of this 1987 amendatory

act or June 15, 1987, whichever date is later, shall remain perfected pursuant to

that Title 12A until perfected as required under P.L.1984, c. 152 ( C. 12:7A-1 et seq. ). For this category of security interest, perfection in accordance with P.L.1984,

c. 152 shall occur not later than one year after either the effective date of this

1987 amendatory act or June 15, 1987, whichever date is later. For this category of security interest, the subsequent perfection under P.L.1984,

c. 152 shall be deemed to be a continuation of the initial perfection pursuant to

chapter 9 of Title 12A of the New Jersey Statutes. 1

N.J.S.A. § 12:7A-11. 2

N.J.S.A. § 12:7A-25. 3

N.J.S.A. §§ 12:7A-9 and 12:7A-10.