7-9A-312
Section 7-9A-312 Perfection of certain security interests by filing; temporary perfection.
(a) Perfection by filing permitted. A security interest in chattel paper, negotiable documents,
instruments, or investment property may be perfected by filing. (b) Control or possession
of certain collateral. Except as otherwise provided in Section 7-9A-315(c) and (d) for proceeds:
(1) a security interest in a deposit account may be perfected only by control under Section
7-9A-314; (2) and except as otherwise provided in Section 7-9A-308(d), a security interest
in a letter-of-credit right may be perfected only by control under Section 7-9A-314; and (3)
a security interest in money may be perfected only by the secured party's taking possession
under Section 7-9A-313. (c) Goods covered by negotiable document. While goods are in the possession
of a bailee that has issued a negotiable document covering the goods: (1) a security interest
in the goods may be perfected by perfecting a security interest...
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7-2-509
Section 7-2-509 Risk of loss in the absence of breach. (1) Where the contract requires or authorizes
the seller to ship the goods by carrier: (a) If it does not require him to deliver them at
a particular destination, the risk of loss passes to the buyer when the goods are duly delivered
to the carrier even though the shipment is under reservation (Section 7-2-505); but (b) If
it does require him to deliver them at a particular destination and the goods are there duly
tendered while in the possession of the carrier, the risk of loss passes to the buyer when
the goods are there duly so tendered as to enable the buyer to take delivery. (2) Where the
goods are held by a bailee to be delivered without being moved, the risk of loss passes to
the buyer: (a) On his receipt of possession or control of a negotiable document of title covering
the goods; or (b) On acknowledgment by the bailee of the buyer's right to possession of the
goods; or (c) After his receipt of possession or control of a...
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7-2-503
Section 7-2-503 Manner of seller's tender of delivery. (1) Tender of delivery requires that
the seller put and hold conforming goods at the buyer's disposition and give the buyer any
notification reasonably necessary to enable him to take delivery. The manner, time and place
for tender are determined by the agreement and this article, and in particular: (a) Tender
must be at a reasonable hour, and if it is of goods they must be kept available for the period
reasonably necessary to enable the buyer to take possession; but (b) Unless otherwise agreed
the buyer must furnish facilities reasonably suited to the receipt of the goods. (2) Where
the case is within Section 7-2-504 respecting shipment, tender requires that the seller comply
with its provisions. (3) Where the seller is required to deliver at a particular destination,
tender requires that he comply with subsection (1) and also in any appropriate case tender
documents as described in subsections (4) and (5) of this section. (4)...
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7-7-304
Section 7-7-304 Tangible bills of lading in a set. (a) Except as customary in international
transportation, a tangible bill of lading may not be issued in a set of parts. The issuer
is liable for damages caused by violation of this subsection. (b) If a tangible bill of lading
is lawfully issued in a set of parts, each of which contains an identification code and is
expressed to be valid only if the goods have not been delivered against any other part, the
whole of the parts constitutes one bill. (c) If a tangible negotiable bill of lading is lawfully
issued in a set of parts and different parts are negotiated to different persons, the title
of the holder to which the first due negotiation is made prevails as to both the document
of title and the goods even if any later holder may have received the goods from the carrier
in good faith and discharged the carrier's obligation by surrendering its part. (d) A person
that negotiates or transfers a single part of a tangible bill of lading...
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7-2-505
Section 7-2-505 Seller's shipment under reservation. (1) Where the seller has identified goods
to the contract by or before shipment: (a) His procurement of a negotiable bill of lading
to his own order or otherwise reserves in him a security interest in the goods. His procurement
of the bill to the order of a financing agency or of the buyer indicates in addition only
the seller's expectation of transferring that interest to the person named. (b) A nonnegotiable
bill of lading to himself or his nominee reserves possession of the goods as security but
except in a case of conditional delivery (subsection (2) of Section 7-2-507) a nonnegotiable
bill of lading naming the buyer as consignee reserves no security interest even though the
seller retains possession or control of the bill of lading. (2) When shipment by the seller
with reservation of a security interest is in violation of the contract for sale, it constitutes
an improper contract for transportation within Section 7-2-504, but...
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7-7-209
Section 7-7-209 Lien of warehouse. (a) A warehouse has a lien against the bailor on the goods
covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession
for charges for storage or transportation, including demurrage and terminal charges, insurance,
labor, or other charges, present or future, in relation to the goods, and for expenses necessary
for preservation of the goods or reasonably incurred in their sale pursuant to law. If the
person on whose account the goods are held is liable for similar charges or expenses in relation
to other goods whenever deposited and it is stated in the warehouse receipt or storage agreement
that a lien is claimed for charges and expenses in relation to other goods, the warehouse
also has a lien against the goods covered by the warehouse receipt or storage agreement or
on the proceeds thereof in its possession for those charges and expenses, whether or not the
other goods have been delivered by the warehouse....
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7-7-602
Section 7-7-602 Judicial process against goods covered by negotiable document of title. Unless
a document of title was originally issued upon delivery of the goods by a person that did
not have power to dispose of them, a lien does not attach by virtue of any judicial process
to goods in the possession of a bailee for which a negotiable document of title is outstanding
unless possession or control of the document is first surrendered to the bailee or the document's
negotiation is enjoined. The bailee may not be compelled to deliver the goods pursuant to
process until possession or control of the document is surrendered to the bailee or to the
court. A purchaser of the document for value without notice of the process or injunction takes
free of the lien imposed by judicial process. (Prior version of this section added by Acts
1965, No. 549, p. 811; repealed by Act 2004-315, p. 464, §1; current section added by Act
2004-315, p. 464, §1.)...
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7-7-104
Section 7-7-104 Negotiable and nonnegotiable document of title. (a) Except as otherwise provided
in subsection (c), a document of title is negotiable if by its terms the goods are to be delivered
to bearer or to the order of a named person. (b) A document of title other than one described
in subsection (a) is nonnegotiable. A bill of lading that states that the goods are consigned
to a named person is not made negotiable by a provision that the goods are to be delivered
only against an order in a record signed by the same or another named person. (c) A document
of title is nonnegotiable if, at the time it is issued, the document has a conspicuous legend,
however expressed, that it is nonnegotiable. (Prior version of this section added by Acts
1965, No. 549, p. 811; repealed by Act 2004-315, p. 464, §1; current section added by Act
2004-315, p. 464, §1.)...
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7-7-502
Section 7-7-502 Rights acquired by due negotiation. (a) Subject to Sections 7-7-205 and 7-7-503,
a holder to which a negotiable document of title has been duly negotiated acquires thereby:
(1) Title to the document; (2) Title to the goods; (3) All rights accruing under the law of
agency or estoppel, including rights to goods delivered to the bailee after the document was
issued; and (4) The direct obligation of the issuer to hold or deliver the goods according
to the terms of the document free of any defense or claim by the issuer except those arising
under the terms of the document or under this article, but in the case of a delivery order,
the bailee's obligation accrues only upon the bailee's acceptance of the delivery order and
the obligation acquired by the holder is that the issuer and any indorser will procure the
acceptance of the bailee. (b) Subject to Section 7-7-503, title and rights acquired by due
negotiation are not defeated by any stoppage of the goods represented by the...
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7-7-506
Section 7-7-506 Delivery without indorsement: right to compel indorsement. The transferee of
a negotiable tangible document of title has a specifically enforceable right to have its transferor
supply any necessary indorsement, but the transfer becomes a negotiation only as of the time
the indorsement is supplied. (Prior version of this section added by Acts 1965, No. 549, p.
811; repealed by Act 2004-315, p. 464, §1; current section added by Act 2004-315, p. 464,
§1.)...
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