7-9A-322
Section 7-9A-322 Priorities among conflicting security interests in and agricultural liens
on same collateral. (a) General priority rules. Except as otherwise provided in this section,
priority among conflicting security interests and agricultural liens in the same collateral
is determined according to the following rules: (1) Conflicting perfected security interests
and agricultural liens rank according to priority in time of filing or perfection. Priority
dates from the earlier of the time a filing covering the collateral is first made or the security
interest or agricultural lien is first perfected, if there is no period thereafter when there
is neither filing nor perfection. (2) A perfected security interest or agricultural lien has
priority over a conflicting unperfected security interest or agricultural lien. (3) The first
security interest or agricultural lien to attach or become effective has priority if conflicting
security interests and agricultural liens are unperfected. (b)...
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7-9A-709
Section 7-9A-709 Priority. (a) Law governing priority. This article determines the priority
of conflicting claims to collateral. However, if the relative priorities of the claims were
established before January 1, 2002, former Article 9 determines priority. (b) Priority if
security interest becomes enforceable under Section 7-9A-203. For purposes of Section 7-9A-322(a),
the priority of a security interest that becomes enforceable under Section 7-9A-203 of this
article dates from January 1, 2002 if the security interest is perfected under this article
by the filing of a financing statement before January 1, 2002, which would not have been effective
to perfect the security interest under former Article 9. This subsection does not apply to
conflicting security interests each of which is perfected by the filing of such a financing
statement. (Act 2001-481, p. 647, §1.)...
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7-9A-305
Section 7-9A-305 Law governing perfection and priority of security interests in investment
property. (a) Governing law: General rules. Except as otherwise provided in subsection (c),
the following rules apply: (1) While a security certificate is located in a jurisdiction,
the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection,
and the priority of a security interest in the certificated security represented thereby.
(2) The local law of the issuer's jurisdiction as specified in Section 7-8-110(d) governs
perfection, the effect of perfection or nonperfection, and the priority of a security interest
in an uncertificated security. (3) The local law of the securities intermediary's jurisdiction
as specified in Section 7-8-110(e) governs perfection, the effect of perfection or nonperfection,
and the priority of a security interest in a security entitlement or securities account. (4)
The local law of the commodity intermediary's jurisdiction governs...
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7-9A-330
Section 7-9A-330 Priority of purchaser of chattel paper or instrument. (a) Purchaser's priority:
Security interest claimed merely as proceeds. A purchaser of chattel paper has priority over
a security interest in the chattel paper which is claimed merely as proceeds of inventory
subject to a security interest if: (1) in good faith and in the ordinary course of the purchaser's
business, the purchaser gives new value and takes possession of the chattel paper or obtains
control of the chattel paper under Section 7-9A-105; and (2) the chattel paper does not indicate
that it has been assigned to an identified assignee other than the purchaser. (b) Purchaser's
priority: Other security interests. A purchaser of chattel paper has priority over a security
interest in the chattel paper which is claimed other than merely as proceeds of inventory
subject to a security interest if the purchaser gives new value and takes possession of the
chattel paper or obtains control of the chattel paper under...
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7-9A-106
Section 7-9A-106 Control of investment property. (a) Control under Section 7-8-106. A person
has control of a certificated security, uncertificated security, or security entitlement as
provided in Section 7-8-106. (b) Control of commodity contract. A secured party has control
of a commodity contract if: (1) the secured party is the commodity intermediary with which
the commodity contract is carried; or (2) the commodity customer, secured party, and commodity
intermediary have agreed that the commodity intermediary will apply any value distributed
on account of the commodity contract as directed by the secured party without further consent
by the commodity customer. (c) Effect of control of securities account or commodity account.
A secured party having control of all security entitlements or commodity contracts carried
in a securities account or commodity account has control over the securities account or commodity
account. (Act 2001-481, p. 647, §1.)...
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7-9A-110
Section 7-9A-110 Security interests arising under Article 2 or 2A. A security interest arising
under Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5) is subject to this article. However,
until the debtor obtains possession of the goods: (1) the security interest is enforceable,
even if Section 7-9A-203(b)(3) has not been satisfied; (2) filing is not required to perfect
the security interest; (3) the rights of the secured party after default by the debtor are
governed by Article 2 or 2A; and (4) the security interest has priority over a conflicting
security interest created by the debtor. (Act 2001-481, p. 647, §1.)...
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7-9A-326
Section 7-9A-326 Priority of security interests created by new debtor. (a) Subordination of
security interest created by new debtor. Subject to subsection (b), a security interest that
is created by a new debtor in collateral in which the new debtor has or acquires rights and
is perfected solely by a filed financing statement that would be ineffective to perfect the
security interest but for the application of Section 7-9A-316(i)(1) or 7-9A-508 is subordinate
to a security interest in the same collateral which is perfected other than by such a filed
financing statement. (b) Priority under other provisions; multiple original debtors. The other
provisions of this part determine the priority among conflicting security interests in the
same collateral perfected by filed financing statements described in subsection (a). However,
if the security agreements to which a new debtor became bound as debtor were not entered into
by the same original debtor, the conflicting security interests rank...
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7-9A-337
Section 7-9A-337 Priority of security interests in goods covered by certificate of title. If,
while a security interest in goods is perfected by any method under the law of another jurisdiction,
this State issues a certificate of title that does not show that the goods are subject to
the security interest or contain a statement that they may be subject to security interests
not shown on the certificate: (1) a buyer of the goods, other than a person in the business
of selling goods of that kind, takes free of the security interest if the buyer gives value
and receives delivery of the goods after issuance of the certificate and without knowledge
of the security interest; and (2) the security interest is subordinate to a conflicting security
interest in the goods that attaches, and is perfected under Section 7-9A-311(b), after issuance
of the certificate and without the conflicting secured party's knowledge of the security interest.
(Act 2001-481, p. 647, §1.)...
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7-8-511
Section 7-8-511 Priority among security interests and entitlement holders. (a) Except as otherwise
provided in subsections (b) and (c), if a securities intermediary does not have sufficient
interests in a particular financial asset to satisfy both its obligations to entitlement holders
who have security entitlements to that financial asset and its obligation to a creditor of
the securities intermediary who has a security interest in that financial asset, the claims
of entitlement holders, other than the creditor, have priority over the claim of the creditor.
(b) A claim of a creditor of a securities intermediary who has a security interest in a financial
asset held by a securities intermediary has priority over claims of the securities intermediary's
entitlement holders who have security entitlements with respect to that financial asset if
the creditor has control over the financial asset. (c) If a clearing corporation does not
have sufficient financial assets to satisfy both its...
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7-9-302
Section 7-9-302 When filing is required to perfect security interest; security interests to
which filing provisions of this article do not apply. THIS SECTION WAS REPEALED IN THE 2001
REGULAR SESSION, BY ACT 2001-481, EFFECTIVE JAN. 1, 2002. (1) A financing statement must be
filed to perfect all security interests except the following: (a) A security interest in collateral
in possession of the secured party under Section 7-9-305; (b) A security interest temporarily
perfected in instruments, certificated securities, or documents without delivery under Section
7-9-304 or in proceeds for a 20-day period under Section 7-9-306; (c) A security interest
created by an assignment of a beneficial interest in a trust or a decedent's estate; (d) A
purchase money security interest in consumer goods; but filing is required for a motor vehicle
required to be registered; and fixture filing is required for priority over conflicting interests
in fixtures to the extent provided in Section 7-9-313; (e) An...
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