§490:9-312 - Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfectio
§490:9-312 Perfection of security interests
in chattel paper, deposit accounts, documents, goods covered by documents,
instruments, investment property, letter-of-credit rights, and money;
perfection by permissive filing; temporary perfection without filing or
transfer of possession. (a) A security interest in chattel paper,
negotiable documents, instruments, or investment property may be perfected by
filing.
(b) Except as otherwise provided in section
490:9-315(c) and (d) for proceeds:
(1) A security interest in a deposit account may be
perfected only by control under section 490:9-314;
(2) And except as otherwise provided in section
490:9-308(d), a security interest in a letter-of-credit right may be perfected
only by control under section 490:9-314; and
(3) A security interest in money may be perfected
only by the secured party's taking possession under section 490:9-313.
(c) 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 in the document; and
(2) A security interest perfected in the document has
priority over any security interest that becomes perfected in the goods by
another method during that time.
(d) While goods are in the possession of a
bailee that has issued a nonnegotiable document covering the goods, a security
interest in the goods may be perfected by:
(1) Issuance of a document in the name of the secured
party;
(2) The bailee's receipt of notification of the
secured party's interest; or
(3) Filing as to the goods.
(e) A security interest in certificated
securities, negotiable documents, or instruments is perfected without filing or
the taking of possession or control for a period of twenty days from the time
it attaches to the extent that it arises for new value given under an
authenticated security agreement.
(f) A perfected security interest in a
negotiable document or goods in possession of a bailee, other than one that has
issued a negotiable document for the goods, remains perfected for twenty days
without filing if the secured party makes available to the debtor the goods or
documents representing the goods for the purpose of:
(1) Ultimate sale or exchange; or
(2) Loading, unloading, storing, shipping,
transshipping, manufacturing, processing, or otherwise dealing with them in a
manner preliminary to their sale or exchange.
(g) A perfected security interest in a
certificated security or instrument remains perfected for twenty days without
filing if the secured party delivers the security certificate or instrument to
the debtor for the purpose of:
(1) Ultimate sale or exchange; or
(2) Presentation, collection, enforcement, renewal,
or registration of transfer.
(h) After the twenty-day period specified in
subsection (e), (f), or (g) expires, perfection depends upon compliance with
this article. [L 2000, c 241, pt of §1; am L 2004, c 163, §27]