CHAPTER 9 SECURED TRANSACTIONS
- PART 1. GENERAL PROVISIONS
- 28-9-101 SHORT TITLE.
- 28-9-102 DEFINITIONS AND INDEX OF DEFINITIONS.
- 28-9-103 PURCHASE-MONEY SECURITY INTEREST -- APPLICATION OF PAYMENTS -- BURDEN OF ESTABLISHING.
- 28-9-104 CONTROL OF DEPOSIT ACCOUNT.
- 28-9-105 CONTROL OF ELECTRONIC CHATTEL PAPER.
- 28-9-106 CONTROL OF INVESTMENT PROPERTY.
- 28-9-107 CONTROL OF LETTER OF CREDIT RIGHT.
- 28-9-108 SUFFICIENCY OF DESCRIPTION.
- 28-9-109 SCOPE.
- 28-9-110 SECURITY INTERESTS ARISING UNDER CHAPTER 2 OR 12, TITLE 28, IDAHO CODE.
- PART 2. EFFECTIVENESS OF SECURITY AGREEMENT -- ATTACHMENT OF SECURITY INTEREST -- RIGHTS OF PARTIES TO SECURITY AGREEMENT
- 28-9-201 GENERAL EFFECTIVENESS OF SECURITY AGREEMENT.
- 28-9-202 TITLE TO COLLATERAL IMMATERIAL.
- 28-9-203 ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST -- PROCEEDS -- SUPPORTING OBLIGATIONS -- FORMAL REQUISITES.
- 28-9-204 AFTER-ACQUIRED PROPERTY -- FUTURE ADVANCES.
- 28-9-205 USE OR DISPOSITION OF COLLATERAL PERMISSIBLE.
- 28-9-206 SECURITY INTEREST ARISING IN PURCHASE OR DELIVERY OF FINANCIAL ASSET.
- 28-9-207 RIGHTS AND DUTIES OF SECURED PARTY HAVING POSSESSION OR CONTROL OF COLLATERAL.
- 28-9-208 ADDITIONAL DUTIES OF SECURED PARTY HAVING CONTROL OF COLLATERAL.
- 28-9-209 DUTIES OF SECURED PARTY IF ACCOUNT DEBTOR HAS BEEN NOTIFIED OF ASSIGNMENT.
- 28-9-210 REQUEST FOR ACCOUNTING -- REQUEST REGARDING LIST OF COLLATERAL OR STATEMENT OF ACCOUNT.
- PART 3. PERFECTION AND PRIORITY
- 28-9-301 LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS.
- 28-9-302 LAW GOVERNING PERFECTION AND PRIORITY OF AGRICULTURAL LIENS.
- 28-9-303 LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY A CERTIFICATE OF TITLE.
- 28-9-304 LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNTS.
- 28-9-305 LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.
- 28-9-306 LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN LETTER OF CREDIT RIGHTS.
- 28-9-307 LOCATION OF DEBTOR.
- 28-9-308 WHEN SECURITY INTEREST OR AGRICULTURAL LIEN IS PERFECTED -- CONTINUITY OF PERFECTION.
- 28-9-309 SECURITY INTEREST PERFECTED UPON ATTACHMENT.
- 28-9-310 WHEN FILING REQUIRED TO PERFECT SECURITY INTEREST OR AGRICULTURAL LIEN -- SECURITY INTERESTS AND AGRICULTURAL LIENS TO WHICH FILING PROVISIONS DO NOT APPLY.
- 28-9-311 PERFECTION OF SECURITY INTERESTS IN PROPERTY SUBJECT TO CERTAIN STATUTES, REGULATIONS AND TREATIES.
- 28-9-312 PERFECTION OF SECURITY INTERESTS IN CHATTEL PAPER, DEPOSIT ACCOUNTS, DOCUMENTS, GOODS COVERED BY DOCUMENTS, INSTRUMENTS, INVESTMENT PROPERTY, LETTER OF CREDIT RIGHTS AND MONEY -- PERFECTION B
- 28-9-313 WHEN POSSESSION BY OR DELIVERY TO SECURED PARTY PERFECTS SECURITY INTEREST WITHOUT FILING.
- 28-9-314 PERFECTION BY CONTROL.
- 28-9-315 SECURED PARTY'S RIGHTS ON DISPOSITION OF COLLATERAL AND IN PROCEEDS.
- 28-9-316 CONTINUED PERFECTION OF SECURITY INTEREST FOLLOWING CHANGE IN GOVERNING LAW.
- 28-9-317 INTERESTS THAT TAKE PRIORITY OVER OR TAKE FREE OF SECURITY INTEREST OR AGRICULTURAL LIEN.
- 28-9-318 NO INTEREST RETAINED IN RIGHT TO PAYMENT THAT IS SOLD -- RIGHTS AND TITLE OF SELLER OF ACCOUNT OR CHATTEL PAPER WITH RESPECT TO CREDITORS AND PURCHASERS.
- 28-9-319 RIGHTS AND TITLE OF CONSIGNEE WITH RESPECT TO CREDITORS AND PURCHASERS.
- 28-9-320 BUYER OF GOODS.
- 28-9-321 LICENSEE OF GENERAL INTANGIBLE AND LESSEE OF GOODS IN ORDINARY COURSE OF BUSINESS.
- 28-9-322 PRIORITIES AMONG CONFLICTING SECURITY INTERESTS IN AND AGRICULTURAL LIENS ON SAME COLLATERAL.
- 28-9-322A SECURITY INTERESTS IN CROPS FOR PROVISION OF AGRICULTURAL CHEMICALS.
- 28-9-323 FUTURE ADVANCES.
- 28-9-324 PRIORITY OF PURCHASE-MONEY SECURITY INTERESTS.
- 28-9-325 PRIORITY OF SECURITY INTERESTS IN TRANSFERRED COLLATERAL.
- 28-9-326 PRIORITY OF SECURITY INTERESTS CREATED BY NEW DEBTOR.
- 28-9-327 PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNT.
- 28-9-328 PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.
- 28-9-329 PRIORITY OF SECURITY INTERESTS IN LETTER OF CREDIT RIGHT.
- 28-9-330 PRIORITY OF PURCHASER OF CHATTEL PAPER OR INSTRUMENT.
- 28-9-331 PRIORITY OF RIGHTS OF PURCHASERS OF INSTRUMENTS, DOCUMENTS AND SECURITIES UNDER OTHER CHAPTERS -- PRIORITY OF INTERESTS IN FINANCIAL ASSETS AND SECURITY ENTITLEMENTS UNDER CHAPTER 8.
- 28-9-332 TRANSFER OF MONEY -- TRANSFER OF FUNDS FROM DEPOSIT ACCOUNT.
- 28-9-333 PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW.
- 28-9-334 PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS.
- 28-9-335 ACCESSIONS.
- 28-9-336 COMMINGLED GOODS.
- 28-9-337 PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY CERTIFICATE OF TITLE.
- 28-9-338 PRIORITY OF SECURITY INTEREST OR AGRICULTURAL LIEN PERFECTED BY FILED FINANCING STATEMENT PROVIDING CERTAIN INCORRECT INFORMATION.
- 28-9-339 PRIORITY SUBJECT TO SUBORDINATION.
- 28-9-340 EFFECTIVENESS OF RIGHT OF RECOUPMENT OR SET-OFF AGAINST DEPOSIT ACCOUNT.
- 28-9-341 BANK'S RIGHTS AND DUTIES WITH RESPECT TO DEPOSIT ACCOUNT.
- 28-9-342 BANK'S RIGHT TO REFUSE TO ENTER INTO OR DISCLOSE EXISTENCE OF CONTROL AGREEMENT.
- PART 4. RIGHTS OF THIRD PARTIES
- 28-9-401 ALIENABILITY OF DEBTOR'S RIGHTS.
- 28-9-402 SECURED PARTY NOT OBLIGATED ON CONTRACT OF DEBTOR OR IN TORT.
- 28-9-403 AGREEMENT NOT TO ASSERT DEFENSES AGAINST ASSIGNEE.
- 28-9-404 RIGHTS ACQUIRED BY ASSIGNEE -- CLAIMS AND DEFENSES AGAINST ASSIGNEE.
- 28-9-405 MODIFICATION OF ASSIGNED CONTRACT.
- 28-9-406 DISCHARGE OF ACCOUNT DEBTOR -- NOTIFICATION OF ASSIGNMENT -- IDENTIFICATION AND PROOF OF ASSIGNMENT -- RESTRICTIONS ON ASSIGNMENT OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES AND PROMISSOR
- 28-9-407 RESTRICTIONS ON CREATION OR ENFORCEMENT OF SECURITY INTEREST IN LEASEHOLD INTEREST OR IN LESSOR'S RESIDUAL INTEREST.
- 28-9-408 RESTRICTIONS ON ASSIGNMENT OF PROMISSORY NOTES, HEALTH CARE INSURANCE RECEIVABLES, AND CERTAIN GENERAL INTANGIBLES INEFFECTIVE.
- 28-9-409 RESTRICTIONS ON ASSIGNMENT OF LETTER OF CREDIT RIGHTS INEFFECTIVE.
- PART 5. FILING
- 28-9-501 FILING OFFICE.
- 28-9-502 CONTENTS OF FINANCING STATEMENT -- RECORD OF MORTGAGE AS FINANCING STATEMENT -- TIME OF FILING FINANCING STATEMENT -- FARM PRODUCTS.
- 28-9-503 NAME OF DEBTOR AND SECURED PARTY.
- 28-9-504 INDICATION OF COLLATERAL.
- 28-9-505 FILING AND COMPLIANCE WITH OTHER STATUTES AND TREATIES FOR CONSIGNMENTS, LEASES, OTHER BAILMENTS, AND OTHER TRANSACTIONS.
- 28-9-506 EFFECT OF ERRORS OR OMISSIONS.
- 28-9-507 EFFECT OF CERTAIN EVENTS ON EFFECTIVENESS OF FINANCING STATEMENT.
- 28-9-508 EFFECTIVENESS OF FINANCING STATEMENT IF NEW DEBTOR BECOMES BOUND BY SECURITY AGREEMENT.
- 28-9-509 PERSONS ENTITLED TO FILE A RECORD.
- 28-9-510 EFFECTIVENESS OF FILED RECORD.
- 28-9-511 SECURED PARTY OF RECORD.
- 28-9-512 AMENDMENT OF FINANCING STATEMENT.
- 28-9-513 TERMINATION STATEMENT.
- 28-9-514 ASSIGNMENT OF POWERS OF SECURED PARTY OF RECORD.
- 28-9-515 DURATION AND EFFECTIVENESS OF FINANCING STATEMENT -- EFFECT OF LAPSED FINANCING STATEMENT.
- 28-9-516 WHAT CONSTITUTES FILING -- EFFECTIVENESS OF FILING.
- 28-9-516A FILING OFFICER DUTIES.
- 28-9-517 EFFECT OF INDEXING ERRORS.
- 28-9-518 CLAIM CONCERNING INACCURATE OR WRONGFULLY FILED RECORD.
- 28-9-519 NUMBERING, MAINTAINING, AND INDEXING RECORDS -- COMMUNICATING INFORMATION PROVIDED IN RECORDS.
- 28-9-520 ACCEPTANCE AND REFUSAL TO ACCEPT RECORD.
- 28-9-521 UNIFORM FORM OF WRITTEN FINANCING STATEMENT AND AMENDMENT.
- 28-9-522 MAINTENANCE AND DESTRUCTION OF RECORDS.
- 28-9-523 INFORMATION FROM FILING OFFICE -- SALE OR LICENSE OF RECORDS -- FARM PRODUCTS -- MASTER LISTS.
- 28-9-524 DELAY BY FILING OFFICE.
- 28-9-525 FEES.
- 28-9-526 FILING OFFICE RULES.
- PART 6. DEFAULT
- 28-9-601 RIGHTS AFTER DEFAULT -- JUDICIAL ENFORCEMENT -- CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES OR PROMISSORY NOTES.
- 28-9-602 WAIVER AND VARIANCE OF RIGHTS AND DUTIES.
- 28-9-603 AGREEMENT ON STANDARDS CONCERNING RIGHTS AND DUTIES.
- 28-9-604 PROCEDURE IF SECURITY AGREEMENT COVERS REAL PROPERTY OR FIXTURES.
- 28-9-605 UNKNOWN DEBTOR OR SECONDARY OBLIGOR.
- 28-9-606 TIME OF DEFAULT FOR AGRICULTURAL LIEN.
- 28-9-607 COLLECTION AND ENFORCEMENT BY SECURED PARTY.
- 28-9-608 APPLICATION OF PROCEEDS OF COLLECTION OR ENFORCEMENT -- LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.
- 28-9-609 SECURED PARTY'S RIGHT TO TAKE POSSESSION AFTER DEFAULT.
- 28-9-610 DISPOSITION OF COLLATERAL AFTER DEFAULT.
- 28-9-611 NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.
- 28-9-612 TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.
- 28-9-613 CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL -- GENERAL.
- 28-9-614 CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL -- CONSUMER GOODS TRANSACTION.
- 28-9-615 APPLICATION OF PROCEEDS OF DISPOSITION -- LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.
- 28-9-616 EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY.
- 28-9-617 RIGHTS OF TRANSFEREE OF COLLATERAL.
- 28-9-618 RIGHTS AND DUTIES OF CERTAIN SECONDARY OBLIGORS.
- 28-9-619 TRANSFER OF RECORD OR LEGAL TITLE.
- 28-9-620 ACCEPTANCE OF COLLATERAL IN FULL OR PARTIAL SATISFACTION OF OBLIGATION -- COMPULSORY DISPOSITION OF COLLATERAL.
- 28-9-621 NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL.
- 28-9-622 EFFECT OF ACCEPTANCE OF COLLATERAL.
- 28-9-623 RIGHT TO REDEEM COLLATERAL.
- 28-9-624 WAIVER.
- 28-9-625 REMEDIES FOR SECURED PARTY'S FAILURE TO COMPLY WITH CHAPTER.
- 28-9-626 ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE.
- 28-9-627 DETERMINATION OF WHETHER CONDUCT WAS COMMERCIALLY REASONABLE.
- 28-9-628 NONLIABILITY AND LIMITATION ON LIABILITY OF SECURED PARTY -- LIABILITY OF SECONDARY OBLIGOR.
- PART 7. TRANSITION
- 28-9-701 [RESERVED].
- 28-9-702 SAVINGS CLAUSE.
- 28-9-703 SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE.
- 28-9-704 SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE.
- 28-9-705 EFFECTIVENESS OF ACTION TAKEN BEFORE EFFECTIVE DATE.
- 28-9-706 WHEN INITIAL FINANCING STATEMENT SUFFICES TO CONTINUE EFFECTIVENESS OF FINANCING STATEMENT.
- 28-9-707 AMENDMENT OF PREEFFECTIVE-DATE FINANCING STATEMENT.
- 28-9-708 PERSONS ENTITLED TO FILE INITIAL FINANCING STATEMENT OR CONTINUATION STATEMENT.
- 28-9-709 PRIORITY.