47-9311. Perfection of security interests in
property subject to certain statutes, regulations and treaties
A. Except as otherwise provided in subsection D of this section, the filing
of a financing statement is not necessary or effective to perfect a security interest in
property subject to:
1. A statute, regulation or treaty of the United States whose requirements for a
security interest's obtaining priority over the rights of a lien creditor with respect to
the property preempt section 47-9310, subsection A;
2. A statute of this state that provides for central filing of or that requires
indication on a certificate of title of a security interest in the property, including
title 28, chapter 7, article 4, and that requires indication of the security interest on
a certificate of title for a vehicle required to be titled and registered under section
28-2153 and for a mobile home required to be titled under section 28-2063; or
3. A certificate of title statute of another jurisdiction that provides for a
security interest to be indicated on the certificate as a condition or result of the
security interest's obtaining priority over the rights of a lien creditor with respect to
the property.
B. Compliance with the requirements of a statute, regulation or treaty described in
subsection A of this section for obtaining priority over the rights of a lien creditor is
equivalent to the filing of a financing statement under this chapter. Except as
otherwise provided in subsection D of this section and section 47-9313 and section
47-9316, subsections D and E for goods covered by a certificate of title, a security
interest in property subject to a statute, regulation or treaty described in subsection A
of this section may be perfected only by compliance with those requirements, and a
security interest so perfected remains perfected notwithstanding a change in the use or
transfer of possession of the collateral.
C. Except as otherwise provided in subsection D of this section and section
47-9316, subsections D and E, duration and renewal of perfection of a security interest
perfected by compliance with the requirements prescribed by a statute, regulation or
treaty described in subsection A of this section are governed by the statute, regulation
or treaty. In other respects, the security interest is subject to this chapter.
D. During any period in which collateral subject to a statute specified in
subsection A, paragraph 2 of this section is inventory held for sale or lease by a person
or leased by that person as lessor and that person is in the business of selling goods of
that kind, this section does not apply to a security interest in that collateral created
by that person.
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