§ 25‑9‑312. Perfection of security interests in chattel paper, deposit accounts, documents,goods covered by documents, instruments, investment property, letter‑of‑creditrights, and money; perfection by permissive filing; temporary perfectionwithout filing or transfer of possession.
(a) Perfection byfiling permitted. A security interest in chattel paper, negotiable documents,instruments, or investment property may be perfected by filing.
(b) Control orpossession of certain collateral. Except as otherwise provided in G.S. 25‑9‑315(c)and (d) for proceeds:
(1) A security interestin a deposit account may be perfected only by control under G.S. 25‑9‑314;
(2) And except asotherwise provided in G.S. 25‑9‑308(d), a security interest in aletter‑of‑credit right may be perfected only by control under G.S.25‑9‑314; and
(3) A security interestin money may be perfected only by the secured party's taking possession underG.S. 25‑9‑313.
(c) Goods covered bynegotiable document. While goods are in the possession of a bailee that hasissued a negotiable document covering the goods:
(1) A security interestin the goods may be perfected by perfecting a security interest in thedocument; and
(2) A security interestperfected in the document has priority over any security interest that becomesperfected in the goods by another method during that time.
(d) Goods covered bynonnegotiable document. While goods are in the possession of a bailee thathas issued a nonnegotiable document covering the goods, a security interest inthe goods may be perfected by:
(1) Issuance of adocument in the name of the secured party;
(2) The bailee's receiptof notification of the secured party's interest; or
(3) Filing as to thegoods.
(e) Temporaryperfection: new value. A security interest in certificated securities,negotiable documents, or instruments is perfected without filing or the takingof possession or control for a period of 20 days from the time it attaches tothe extent that it arises for new value given under an authenticated securityagreement.
(f) Temporaryperfection: goods or documents made available to debtor. A perfected securityinterest in a negotiable document or goods in possession of a bailee, otherthan one that has issued a negotiable document for the goods, remains perfectedfor 20 days without filing if the secured party makes available to the debtorthe goods or documents representing the goods for the purpose of:
(1) Ultimate sale orexchange; or
(2) Loading, unloading,storing, shipping, transshipping, manufacturing, processing, or otherwisedealing with them in a manner preliminary to their sale or exchange.
(g) Temporaryperfection: delivery of security certificate or instrument to debtor. Aperfected security interest in a certificated security or instrument remainsperfected for 20 days without filing if the secured party delivers the securitycertificate or instrument to the debtor for the purpose of:
(1) Ultimate sale orexchange; or
(2) Presentation,collection, enforcement, renewal, or registration of transfer.
(h) Expiration oftemporary perfection. After the 20‑day period specified in subsection(e), (f), or (g) of this section expires, perfection depends upon compliancewith this Article. (1997‑181,s. 5; 2000‑169, s. 1; 2006‑112, s. 50.)
§ 25‑9‑312. Perfection of security interests in chattel paper, deposit accounts, documents,goods covered by documents, instruments, investment property, letter‑of‑creditrights, and money; perfection by permissive filing; temporary perfectionwithout filing or transfer of possession.
(a) Perfection byfiling permitted. A security interest in chattel paper, negotiable documents,instruments, or investment property may be perfected by filing.
(b) Control orpossession of certain collateral. Except as otherwise provided in G.S. 25‑9‑315(c)and (d) for proceeds:
(1) A security interestin a deposit account may be perfected only by control under G.S. 25‑9‑314;
(2) And except asotherwise provided in G.S. 25‑9‑308(d), a security interest in aletter‑of‑credit right may be perfected only by control under G.S.25‑9‑314; and
(3) A security interestin money may be perfected only by the secured party's taking possession underG.S. 25‑9‑313.
(c) Goods covered bynegotiable document. While goods are in the possession of a bailee that hasissued a negotiable document covering the goods:
(1) A security interestin the goods may be perfected by perfecting a security interest in thedocument; and
(2) A security interestperfected in the document has priority over any security interest that becomesperfected in the goods by another method during that time.
(d) Goods covered bynonnegotiable document. While goods are in the possession of a bailee thathas issued a nonnegotiable document covering the goods, a security interest inthe goods may be perfected by:
(1) Issuance of adocument in the name of the secured party;
(2) The bailee's receiptof notification of the secured party's interest; or
(3) Filing as to thegoods.
(e) Temporaryperfection: new value. A security interest in certificated securities,negotiable documents, or instruments is perfected without filing or the takingof possession or control for a period of 20 days from the time it attaches tothe extent that it arises for new value given under an authenticated securityagreement.
(f) Temporaryperfection: goods or documents made available to debtor. A perfected securityinterest in a negotiable document or goods in possession of a bailee, otherthan one that has issued a negotiable document for the goods, remains perfectedfor 20 days without filing if the secured party makes available to the debtorthe goods or documents representing the goods for the purpose of:
(1) Ultimate sale orexchange; or
(2) Loading, unloading,storing, shipping, transshipping, manufacturing, processing, or otherwisedealing with them in a manner preliminary to their sale or exchange.
(g) Temporaryperfection: delivery of security certificate or instrument to debtor. Aperfected security interest in a certificated security or instrument remainsperfected for 20 days without filing if the secured party delivers the securitycertificate or instrument to the debtor for the purpose of:
(1) Ultimate sale orexchange; or
(2) Presentation,collection, enforcement, renewal, or registration of transfer.
(h) Expiration oftemporary perfection. After the 20‑day period specified in subsection(e), (f), or (g) of this section expires, perfection depends upon compliancewith this Article. (1997‑181,s. 5; 2000‑169, s. 1; 2006‑112, s. 50.)
§ 25‑9‑312. Perfection of security interests in chattel paper, deposit accounts, documents,goods covered by documents, instruments, investment property, letter‑of‑creditrights, and money; perfection by permissive filing; temporary perfectionwithout filing or transfer of possession.
(a) Perfection byfiling permitted. A security interest in chattel paper, negotiable documents,instruments, or investment property may be perfected by filing.
(b) Control orpossession of certain collateral. Except as otherwise provided in G.S. 25‑9‑315(c)and (d) for proceeds:
(1) A security interestin a deposit account may be perfected only by control under G.S. 25‑9‑314;
(2) And except asotherwise provided in G.S. 25‑9‑308(d), a security interest in aletter‑of‑credit right may be perfected only by control under G.S.25‑9‑314; and
(3) A security interestin money may be perfected only by the secured party's taking possession underG.S. 25‑9‑313.
(c) Goods covered bynegotiable document. While goods are in the possession of a bailee that hasissued a negotiable document covering the goods:
(1) A security interestin the goods may be perfected by perfecting a security interest in thedocument; and
(2) A security interestperfected in the document has priority over any security interest that becomesperfected in the goods by another method during that time.
(d) Goods covered bynonnegotiable document. While goods are in the possession of a bailee thathas issued a nonnegotiable document covering the goods, a security interest inthe goods may be perfected by:
(1) Issuance of adocument in the name of the secured party;
(2) The bailee's receiptof notification of the secured party's interest; or
(3) Filing as to thegoods.
(e) Temporaryperfection: new value. A security interest in certificated securities,negotiable documents, or instruments is perfected without filing or the takingof possession or control for a period of 20 days from the time it attaches tothe extent that it arises for new value given under an authenticated securityagreement.
(f) Temporaryperfection: goods or documents made available to debtor. A perfected securityinterest in a negotiable document or goods in possession of a bailee, otherthan one that has issued a negotiable document for the goods, remains perfectedfor 20 days without filing if the secured party makes available to the debtorthe goods or documents representing the goods for the purpose of:
(1) Ultimate sale orexchange; or
(2) Loading, unloading,storing, shipping, transshipping, manufacturing, processing, or otherwisedealing with them in a manner preliminary to their sale or exchange.
(g) Temporaryperfection: delivery of security certificate or instrument to debtor. Aperfected security interest in a certificated security or instrument remainsperfected for 20 days without filing if the secured party delivers the securitycertificate or instrument to the debtor for the purpose of:
(1) Ultimate sale orexchange; or
(2) Presentation,collection, enforcement, renewal, or registration of transfer.
(h) Expiration oftemporary perfection. After the 20‑day period specified in subsection(e), (f), or (g) of this section expires, perfection depends upon compliancewith this Article. (1997‑181,s. 5; 2000‑169, s. 1; 2006‑112, s. 50.)
