Chapter 2. Recordation of Instruments.

§ 41–201. Filing and indexing of financial statements; legal effect.

It is not necessary for the Recorder of Deeds to spread upon the records of his office the financing statements or other papers filed pursuant to part 4 of Article 9 of Subtitle I of Title 28 of the District of Columbia Official Code, but they shall be indexed and, except as hereinafter provided, shall be kept on file and shall be open to inspection by the public, and shall have the same force and legal effect as if they were actually recorded in the books of his office.

§ 41–202. Disposal of void or lapsed instruments; termination statement; exceptions.

(a) Unless the Recorder of Deeds has notice of an action pending relative thereto, he may remove from the files and destroy:

(1) An instrument filed in his office pursuant to Chapter 12 of Title 50, which has become void or lapsed, and which has been void or lapsed for 1 year or more, together with any affidavit, release, assignment, or continuation or termination statement relating thereto;

(2) A lapsed financing statement, a lapsed continuation statement, a statement of assignment or release relating to either, filed pursuant to part 4 of Article 9 of Subtitle I of Title 28, and any index of any of them, 1 year or more after lapse of the financing statement and every continuation statement related thereto; and

(3) A termination statement filed pursuant to § 28:9-404, and the index on which it is noted, 1 year or more after the filing of the termination statement.

(b) Subsection (a) of this section does not apply to a bill of sale, mortgage, deed of trust, conditional sale of, financing statement or security agreement covering, railroad rolling stock.

§ 41–203. Destruction of released instruments.

When a financing statement filed pursuant to part 4 of Article 9 of Subtitle I of Title 28 of the District of Columbia Official Code has not lapsed, but all the collateral described in the financing statement has been released in the manner provided by part 4 thereof, the Recorder of Deeds may, after the expiration of 3 years from the date of the filing of the statement releasing all the collateral, destroy the financing statement and each continuation statement, statement of assignment, and statement of release relating thereto.

§ 41–204. False statements; failure to render termination statement; “Attorney General” defined.

(a) Whoever intentionally makes a false statement with respect to a financing statement or other paper filed with the Recorder of Deeds pursuant to part 4 of Article 9 of Subtitle I of Title 28 of the District of Columbia Official Code, or, after receipt of payment in full of the debt secured thereby, neglects or refuses, after written demand by the debtor, to send to the debtor a termination statement as provided by § 28:9-404 of the Code, shall be fined not more than $500 or imprisoned not more than 1 year, or both.

(b) Prosecutions for violations of this section shall be by the Corporation Counsel of the District of Columbia or any of his assistants in the name of the District of Columbia.

(c) As used in subsection (b) of this section “Corporation Counsel” means the attorney for the District of Columbia, by whatever title the attorney may be designated by the Mayor of the District of Columbia.

(Mar. 3, 1901, ch. 854, § 546-G; June 5, 1952, 66 Stat. 126, ch. 370, § 3; Dec. 30, 1963, 77 Stat. 773, Pub. L. 88-243, § 13.)

Prior Codifications

1981 Ed., § 42-104.

1973 Ed., § 42-107.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.