§490:9-311 - Perfection of security interests in property subject to certain statutes, regulations, and treaties.
§490:9-311 Perfection of security interests
in property subject to certain statutes, regulations, and treaties. (a)
Except as otherwise provided in subsection (d), 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
490:9-310(a);
(2) Chapter 286; or
(3) A certificate-of-title statute of another
jurisdiction which 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) for obtaining
priority over the rights of a lien creditor is equivalent to the filing of a
financing statement under this article. Except as otherwise provided in
subsection (d) and sections 490:9-313 and 490:9-316(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) 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) and section 490:9-316(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) are governed by the
statute, regulation, or treaty. In other respects, the security interest is
subject to this article.
(d) During any period in which collateral
subject to a statute specified in subsection (a)(2) 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. [L 2000, c 241, pt
of §1; am L 2001, c 228, §3]