State Codes and Statutes

Statutes > Rhode-island > Title-6a > Chapter-6a-9 > 6a-9-312

SECTION 6A-9-312

   § 6A-9-312  Perfection of securityinterests in chattel paper, deposit accounts, documents, goods covered bydocuments, instruments, investment property, letter-of-credit rights, andmoney; perfection by permissive filing; temporary perfection without filing ortransfer of possession. – (a) Perfection by filing permitted. A security interest in chattelpaper, negotiable documents, instruments, or investment property may beperfected by filing.

   (b) Control or possession of certain collateral.Except as otherwise provided in § 6A-9-315(c) and (d) for proceeds:

   (1) A security interest in a deposit account may be perfectedonly by control under § 6A-9-314;

   (2) And except as otherwise provided in § 6A-9-308(d), asecurity interest in a letter-of-credit right may be perfected only by controlunder § 6A-9-314; and

   (3) A security interest in money may be perfected only by thesecured party's taking possession under § 6A-9-313.

   (c) Goods covered by negotiable document. While goodsare in the possession of a bailee that has issued a negotiable documentcovering the goods:

   (1) A security interest in the goods may be perfected byperfecting a security interest in the document; and

   (2) A security interest perfected in the document haspriority over any security interest that becomes perfected in the goods byanother method during that time.

   (d) Goods covered by nonnegotiable document. Whilegoods are in the possession of a bailee that has issued a nonnegotiabledocument covering the goods, a security interest in the goods may be perfectedby:

   (1) Issuance of a document in the name of the secured party;

   (2) The bailee's receipt of notification of the securedparty's interest; or

   (3) Filing as to the goods.

   (e) Temporary perfection: new value. A securityinterest in certificated securities, negotiable documents, or instruments isperfected without filing or the taking of possession or control for a period of20 days from the time it attaches to the extent that it arises for new valuegiven under an authenticated security agreement.

   (f) Temporary perfection: goods or documents madeavailable to debtor. A perfected security interest in a negotiable documentor goods in possession of a bailee, other than one that has issued a negotiabledocument for the goods, remains perfected for 20 days without filing if thesecured party makes available to the debtor the goods or documents representingthe 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 mannerpreliminary to their sale or exchange.

   (g) Temporary perfection: delivery of security certificateor instrument to debtor. A perfected security interest in a certificatedsecurity or instrument remains perfected for 20 days without filing if thesecured party delivers the security certificate or instrument to the debtor forthe purpose of:

   (1) Ultimate sale or exchange; or

   (2) Presentation, collection, enforcement, renewal, orregistration of transfer.

   (h) Expiration of temporary perfection. After the20-day period specified in subsection (e), (f), or (g) expires, perfectiondepends upon compliance with this chapter.

State Codes and Statutes

Statutes > Rhode-island > Title-6a > Chapter-6a-9 > 6a-9-312

SECTION 6A-9-312

   § 6A-9-312  Perfection of securityinterests in chattel paper, deposit accounts, documents, goods covered bydocuments, instruments, investment property, letter-of-credit rights, andmoney; perfection by permissive filing; temporary perfection without filing ortransfer of possession. – (a) Perfection by filing permitted. A security interest in chattelpaper, negotiable documents, instruments, or investment property may beperfected by filing.

   (b) Control or possession of certain collateral.Except as otherwise provided in § 6A-9-315(c) and (d) for proceeds:

   (1) A security interest in a deposit account may be perfectedonly by control under § 6A-9-314;

   (2) And except as otherwise provided in § 6A-9-308(d), asecurity interest in a letter-of-credit right may be perfected only by controlunder § 6A-9-314; and

   (3) A security interest in money may be perfected only by thesecured party's taking possession under § 6A-9-313.

   (c) Goods covered by negotiable document. While goodsare in the possession of a bailee that has issued a negotiable documentcovering the goods:

   (1) A security interest in the goods may be perfected byperfecting a security interest in the document; and

   (2) A security interest perfected in the document haspriority over any security interest that becomes perfected in the goods byanother method during that time.

   (d) Goods covered by nonnegotiable document. Whilegoods are in the possession of a bailee that has issued a nonnegotiabledocument covering the goods, a security interest in the goods may be perfectedby:

   (1) Issuance of a document in the name of the secured party;

   (2) The bailee's receipt of notification of the securedparty's interest; or

   (3) Filing as to the goods.

   (e) Temporary perfection: new value. A securityinterest in certificated securities, negotiable documents, or instruments isperfected without filing or the taking of possession or control for a period of20 days from the time it attaches to the extent that it arises for new valuegiven under an authenticated security agreement.

   (f) Temporary perfection: goods or documents madeavailable to debtor. A perfected security interest in a negotiable documentor goods in possession of a bailee, other than one that has issued a negotiabledocument for the goods, remains perfected for 20 days without filing if thesecured party makes available to the debtor the goods or documents representingthe 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 mannerpreliminary to their sale or exchange.

   (g) Temporary perfection: delivery of security certificateor instrument to debtor. A perfected security interest in a certificatedsecurity or instrument remains perfected for 20 days without filing if thesecured party delivers the security certificate or instrument to the debtor forthe purpose of:

   (1) Ultimate sale or exchange; or

   (2) Presentation, collection, enforcement, renewal, orregistration of transfer.

   (h) Expiration of temporary perfection. After the20-day period specified in subsection (e), (f), or (g) expires, perfectiondepends upon compliance with this chapter.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-6a > Chapter-6a-9 > 6a-9-312

SECTION 6A-9-312

   § 6A-9-312  Perfection of securityinterests in chattel paper, deposit accounts, documents, goods covered bydocuments, instruments, investment property, letter-of-credit rights, andmoney; perfection by permissive filing; temporary perfection without filing ortransfer of possession. – (a) Perfection by filing permitted. A security interest in chattelpaper, negotiable documents, instruments, or investment property may beperfected by filing.

   (b) Control or possession of certain collateral.Except as otherwise provided in § 6A-9-315(c) and (d) for proceeds:

   (1) A security interest in a deposit account may be perfectedonly by control under § 6A-9-314;

   (2) And except as otherwise provided in § 6A-9-308(d), asecurity interest in a letter-of-credit right may be perfected only by controlunder § 6A-9-314; and

   (3) A security interest in money may be perfected only by thesecured party's taking possession under § 6A-9-313.

   (c) Goods covered by negotiable document. While goodsare in the possession of a bailee that has issued a negotiable documentcovering the goods:

   (1) A security interest in the goods may be perfected byperfecting a security interest in the document; and

   (2) A security interest perfected in the document haspriority over any security interest that becomes perfected in the goods byanother method during that time.

   (d) Goods covered by nonnegotiable document. Whilegoods are in the possession of a bailee that has issued a nonnegotiabledocument covering the goods, a security interest in the goods may be perfectedby:

   (1) Issuance of a document in the name of the secured party;

   (2) The bailee's receipt of notification of the securedparty's interest; or

   (3) Filing as to the goods.

   (e) Temporary perfection: new value. A securityinterest in certificated securities, negotiable documents, or instruments isperfected without filing or the taking of possession or control for a period of20 days from the time it attaches to the extent that it arises for new valuegiven under an authenticated security agreement.

   (f) Temporary perfection: goods or documents madeavailable to debtor. A perfected security interest in a negotiable documentor goods in possession of a bailee, other than one that has issued a negotiabledocument for the goods, remains perfected for 20 days without filing if thesecured party makes available to the debtor the goods or documents representingthe 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 mannerpreliminary to their sale or exchange.

   (g) Temporary perfection: delivery of security certificateor instrument to debtor. A perfected security interest in a certificatedsecurity or instrument remains perfected for 20 days without filing if thesecured party delivers the security certificate or instrument to the debtor forthe purpose of:

   (1) Ultimate sale or exchange; or

   (2) Presentation, collection, enforcement, renewal, orregistration of transfer.

   (h) Expiration of temporary perfection. After the20-day period specified in subsection (e), (f), or (g) expires, perfectiondepends upon compliance with this chapter.