§ 25‑9‑311. Perfection of security interests in property subject to certain statutes,regulations, and treaties.
(a) Security interestsubject to other law. Except as otherwise provided in subsection (d) of thissection, the filing of a financing statement is not necessary or effective toperfect a security interest in property subject to:
(1) A statute,regulation, or treaty of the United States whose requirements for a securityinterest's obtaining priority over the rights of a lien creditor with respectto the property preempt G.S. 25‑9‑310(a);
(2) A certificate‑of‑titlestatute of this State covering automobiles or other goods that provides for asecurity interest to be indicated on the certificate as a condition to orresult of perfection of the security interest, including G.S. 20‑58 andG.S. 75A‑41; or
(3) A certificate‑of‑titlestatute of another jurisdiction which provides for a security interest to beindicated on the certificate as a condition or result of the securityinterest's obtaining priority over the rights of a lien creditor with respectto the property.
(b) Compliance withother law. Compliance with the requirements of a statute, regulation, ortreaty described in subsection (a) of this section for obtaining priority overthe rights of a lien creditor is equivalent to the filing of a financingstatement under this Article. Except as otherwise provided in subsection (d) ofthis section and G.S. 25‑9‑313 and G.S. 25‑9‑316(d) and(e) for goods covered by a certificate of title, a security interest inproperty subject to a statute, regulation, or treaty described in subsection(a) of this section may be perfected only by compliance with thoserequirements, and a security interest so perfected remains perfectednotwithstanding a change in the use or transfer of possession of thecollateral.
(c) Duration andrenewal of perfection. Except as otherwise provided in subsection (d) of thissection and G.S. 25‑9‑316(d) and (e), duration and renewal ofperfection of a security interest perfected by compliance with the requirementsprescribed by a statute, regulation, or treaty described in subsection (a) ofthis section are governed by the statute, regulation, or treaty. In otherrespects, the security interest is subject to this Article.
(d) Inapplicability tocertain inventory. During any period in which collateral subject to a statutespecified in subdivision (a)(2) of this section is inventory held for sale orlease by a person or leased by that person as lessor and that person is in thebusiness of selling goods of that kind, this section does not apply to asecurity interest in that collateral created by that person. (1866‑7,s. 1; 1872‑3, c. 133, s. 1; Code, s. 1799; 1893, c. 9; Rev., s. 2052;C.S., s. 2480; 1925, c. 302, s. 1; 1927, c. 22; 1935, c. 205; 1945, c. 182, s.3; c. 196, s. 2; 1955, c. 816; 1957, cc. 564, 999; 1961, c. 574; 1965, c. 700,s. 1; 1967, c. 562, s. 1; 1975, c. 862, s. 7; 1977, c. 103; 1989 (Reg. Sess.,1990), c. 1024, s. 8(i); 1997‑181, s. 9; 2000‑169, s. 1.)
§ 25‑9‑311. Perfection of security interests in property subject to certain statutes,regulations, and treaties.
(a) Security interestsubject to other law. Except as otherwise provided in subsection (d) of thissection, the filing of a financing statement is not necessary or effective toperfect a security interest in property subject to:
(1) A statute,regulation, or treaty of the United States whose requirements for a securityinterest's obtaining priority over the rights of a lien creditor with respectto the property preempt G.S. 25‑9‑310(a);
(2) A certificate‑of‑titlestatute of this State covering automobiles or other goods that provides for asecurity interest to be indicated on the certificate as a condition to orresult of perfection of the security interest, including G.S. 20‑58 andG.S. 75A‑41; or
(3) A certificate‑of‑titlestatute of another jurisdiction which provides for a security interest to beindicated on the certificate as a condition or result of the securityinterest's obtaining priority over the rights of a lien creditor with respectto the property.
(b) Compliance withother law. Compliance with the requirements of a statute, regulation, ortreaty described in subsection (a) of this section for obtaining priority overthe rights of a lien creditor is equivalent to the filing of a financingstatement under this Article. Except as otherwise provided in subsection (d) ofthis section and G.S. 25‑9‑313 and G.S. 25‑9‑316(d) and(e) for goods covered by a certificate of title, a security interest inproperty subject to a statute, regulation, or treaty described in subsection(a) of this section may be perfected only by compliance with thoserequirements, and a security interest so perfected remains perfectednotwithstanding a change in the use or transfer of possession of thecollateral.
(c) Duration andrenewal of perfection. Except as otherwise provided in subsection (d) of thissection and G.S. 25‑9‑316(d) and (e), duration and renewal ofperfection of a security interest perfected by compliance with the requirementsprescribed by a statute, regulation, or treaty described in subsection (a) ofthis section are governed by the statute, regulation, or treaty. In otherrespects, the security interest is subject to this Article.
(d) Inapplicability tocertain inventory. During any period in which collateral subject to a statutespecified in subdivision (a)(2) of this section is inventory held for sale orlease by a person or leased by that person as lessor and that person is in thebusiness of selling goods of that kind, this section does not apply to asecurity interest in that collateral created by that person. (1866‑7,s. 1; 1872‑3, c. 133, s. 1; Code, s. 1799; 1893, c. 9; Rev., s. 2052;C.S., s. 2480; 1925, c. 302, s. 1; 1927, c. 22; 1935, c. 205; 1945, c. 182, s.3; c. 196, s. 2; 1955, c. 816; 1957, cc. 564, 999; 1961, c. 574; 1965, c. 700,s. 1; 1967, c. 562, s. 1; 1975, c. 862, s. 7; 1977, c. 103; 1989 (Reg. Sess.,1990), c. 1024, s. 8(i); 1997‑181, s. 9; 2000‑169, s. 1.)
§ 25‑9‑311. Perfection of security interests in property subject to certain statutes,regulations, and treaties.
(a) Security interestsubject to other law. Except as otherwise provided in subsection (d) of thissection, the filing of a financing statement is not necessary or effective toperfect a security interest in property subject to:
(1) A statute,regulation, or treaty of the United States whose requirements for a securityinterest's obtaining priority over the rights of a lien creditor with respectto the property preempt G.S. 25‑9‑310(a);
(2) A certificate‑of‑titlestatute of this State covering automobiles or other goods that provides for asecurity interest to be indicated on the certificate as a condition to orresult of perfection of the security interest, including G.S. 20‑58 andG.S. 75A‑41; or
(3) A certificate‑of‑titlestatute of another jurisdiction which provides for a security interest to beindicated on the certificate as a condition or result of the securityinterest's obtaining priority over the rights of a lien creditor with respectto the property.
(b) Compliance withother law. Compliance with the requirements of a statute, regulation, ortreaty described in subsection (a) of this section for obtaining priority overthe rights of a lien creditor is equivalent to the filing of a financingstatement under this Article. Except as otherwise provided in subsection (d) ofthis section and G.S. 25‑9‑313 and G.S. 25‑9‑316(d) and(e) for goods covered by a certificate of title, a security interest inproperty subject to a statute, regulation, or treaty described in subsection(a) of this section may be perfected only by compliance with thoserequirements, and a security interest so perfected remains perfectednotwithstanding a change in the use or transfer of possession of thecollateral.
(c) Duration andrenewal of perfection. Except as otherwise provided in subsection (d) of thissection and G.S. 25‑9‑316(d) and (e), duration and renewal ofperfection of a security interest perfected by compliance with the requirementsprescribed by a statute, regulation, or treaty described in subsection (a) ofthis section are governed by the statute, regulation, or treaty. In otherrespects, the security interest is subject to this Article.
(d) Inapplicability tocertain inventory. During any period in which collateral subject to a statutespecified in subdivision (a)(2) of this section is inventory held for sale orlease by a person or leased by that person as lessor and that person is in thebusiness of selling goods of that kind, this section does not apply to asecurity interest in that collateral created by that person. (1866‑7,s. 1; 1872‑3, c. 133, s. 1; Code, s. 1799; 1893, c. 9; Rev., s. 2052;C.S., s. 2480; 1925, c. 302, s. 1; 1927, c. 22; 1935, c. 205; 1945, c. 182, s.3; c. 196, s. 2; 1955, c. 816; 1957, cc. 564, 999; 1961, c. 574; 1965, c. 700,s. 1; 1967, c. 562, s. 1; 1975, c. 862, s. 7; 1977, c. 103; 1989 (Reg. Sess.,1990), c. 1024, s. 8(i); 1997‑181, s. 9; 2000‑169, s. 1.)
