Sections | ||
PART 1 GENERAL PROVISIONS SUBPART 1. SHORT TITLE, DEFINITIONS, AND GENERAL CONCEPTS | ||
62A.9A-101 | Short title. | |
62A.9A-102 | Definitions and index of definitions. | |
62A.9A-103 | Purchase-money security interest; application of payments; burden of establishing. | |
62A.9A-104 | Control of deposit account. | |
62A.9A-105 | Control of electronic chattel paper. | |
62A.9A-1051 | Control of electronic money. | |
62A.9A-106 | Control of investment property. | |
62A.9A-107 | Control of letter-of-credit right. | |
62A.9A-1071 | Control of controllable electronic record, controllable account, or controllable payment intangible. | |
62A.9A-1072 | No requirement to acknowledge or confirm; no duties. | |
62A.9A-108 | Sufficiency of description in security agreement. | |
SUBPART 2. APPLICABILITY OF ARTICLE | ||
62A.9A-109 | Scope. | |
62A.9A-110 | Security interests arising under Article 2 or 2A. | |
PART 2 EFFECTIVENESS OF SECURITY AGREEMENT; ATTACHMENT OF SECURITY INTEREST; RIGHTS OF PARTIES TO SECURITY AGREEMENT SUBPART 1. EFFECTIVENESS AND ATTACHMENT | ||
62A.9A-201 | General effectiveness of security agreement. | |
62A.9A-202 | Title to collateral immaterial. | |
62A.9A-203 | Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites. | |
62A.9A-204 | After-acquired property; future advances. | |
62A.9A-205 | Use or disposition of collateral permissible. | |
62A.9A-206 | Security interest arising in purchase or delivery of financial asset. | |
SUBPART 2. RIGHTS AND DUTIES | ||
62A.9A-207 | Rights and duties of secured party having possession or control of collateral. | |
62A.9A-208 | Additional duties of secured party having control of collateral. | |
62A.9A-209 | Duties of secured party if account debtor has been notified of assignment. | |
62A.9A-210 | Request for accounting; request regarding list of collateral or statement of account. | |
PART 3 PERFECTION AND PRIORITY SUBPART 1. LAW GOVERNING PERFECTION AND PRIORITY | ||
62A.9A-301 | Law governing perfection and priority of security interests. | |
62A.9A-302 | Law governing perfection and priority of agricultural liens. | |
62A.9A-303 | Law governing perfection and priority of security interests in goods covered by a certificate of title. | |
62A.9A-304 | Law governing perfection and priority of security interests in deposit accounts. | |
62A.9A-305 | Law governing perfection and priority of security interests in investment property. | |
62A.9A-306 | Law governing perfection and priority of security interests in letter-of-credit rights. | |
62A.9A-3061 | Law governing perfection and priority of security interests in chattel paper. | |
62A.9A-3062 | Law governing perfection and priority of security interests in controllable accounts, controllable electronic records, and controllable payment intangibles. | |
62A.9A-307 | Location of debtor. | |
SUBPART 2. PERFECTION | ||
62A.9A-308 | When security interest or agricultural lien is perfected; continuity of perfection. | |
62A.9A-309 | Security interest perfected upon attachment. | |
62A.9A-310 | When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply. | |
62A.9A-311 | Perfection of security interests in property subject to certain statutes, regulations, and treaties. | |
62A.9A-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. | |
62A.9A-313 | When possession by or delivery to secured party perfects security interest without filing. | |
62A.9A-314 | Perfection by control. | |
62A.9A-3141 | Perfection by possession and control of chattel paper. | |
62A.9A-315 | Secured party's rights on disposition of collateral and in proceeds. | |
62A.9A-316 | Effect of change in governing law. | |
SUBPART 3. PRIORITY | ||
62A.9A-317 | Interests that take priority over or take free of security interest or agricultural lien. | |
62A.9A-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. | |
62A.9A-319 | Rights and title of consignee with respect to creditors and purchasers. | |
62A.9A-320 | Buyer of goods. | |
62A.9A-321 | Licensee of general intangible and lessee of goods in ordinary course of business. | |
62A.9A-322 | Priorities among conflicting security interests in and agricultural liens on same collateral. | |
62A.9A-323 | Future advances. | |
62A.9A-324 | Priority of purchase-money security interests. | |
62A.9A-325 | Priority of security interests in transferred collateral. | |
62A.9A-326 | Priority of security interests created by new debtor. | |
62A.9A-3261 | Priority of security interest in controllable account, controllable electronic record, and controllable payment intangible. | |
62A.9A-327 | Priority of security interests in deposit account. | |
62A.9A-328 | Priority of security interests in investment property. | |
62A.9A-329 | Priority of security interests in letter-of-credit right. | |
62A.9A-330 | Priority of purchaser of chattel paper or instrument. | |
62A.9A-331 | Priority of rights of purchasers of instruments, documents, and securities under other articles; priority of interests in financial assets and security entitlements under Article 8. | |
62A.9A-332 | Transfer of money; transfer of funds from deposit account. | |
62A.9A-333 | Priority of certain liens arising by operation of law. | |
62A.9A-334 | Priority of security interests in fixtures and crops. | |
62A.9A-335 | Accessions. | |
62A.9A-336 | Commingled goods. | |
62A.9A-337 | Priority of security interests in goods covered by certificate of title. | |
62A.9A-338 | Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information. | |
62A.9A-339 | Priority subject to subordination. | |
SUBPART 4. RIGHTS OF BANK | ||
62A.9A-340 | Effectiveness of right of recoupment or set-off against deposit account. | |
62A.9A-341 | Bank's rights and duties with respect to deposit account. | |
62A.9A-342 | Bank's right to refuse to enter into or disclose existence of control agreement. | |
PART 4 RIGHTS OF THIRD PARTIES | ||
62A.9A-401 | Alienability of debtor's rights. | |
62A.9A-402 | Secured party not obligated on contract of debtor or in tort. | |
62A.9A-403 | Agreement not to assert defenses against assignee. | |
62A.9A-404 | Rights acquired by assignee; claims and defenses against assignee. | |
62A.9A-405 | Modification of assigned contract. | |
62A.9A-406 | Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective. | |
62A.9A-407 | Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest. | |
62A.9A-408 | Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective. | |
62A.9A-409 | Restrictions on assignment of letter-of-credit rights ineffective. | |
PART 5 FILING SUBPART 1. FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT | ||
62A.9A-501 | Filing office. | |
62A.9A-502 | Contents of financing statement; record of mortgage as financing statement; time of filing financing statement. | |
62A.9A-503 | Name of debtor and secured party. | |
62A.9A-504 | Indication of collateral. | |
62A.9A-505 | Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions. | |
62A.9A-506 | Effect of errors or omissions. | |
62A.9A-507 | Effect of certain events on effectiveness of financing statement. | |
62A.9A-508 | Effectiveness of financing statement if new debtor becomes bound by security agreement. | |
62A.9A-509 | Persons entitled to file a record. | |
62A.9A-510 | Effectiveness of filed record. | |
62A.9A-511 | Secured party of record. | |
62A.9A-512 | Amendment of financing statement. | |
62A.9A-513 | Termination statement. | |
62A.9A-514 | Assignment of powers of secured party of record. | |
62A.9A-515 | Duration and effectiveness of financing statement; effect of lapsed financing statement. | |
62A.9A-516 | What constitutes filing; effectiveness of filing. | |
62A.9A-517 | Effect of indexing errors. | |
62A.9A-518 | Claim concerning inaccurate or wrongfully filed record. | |
SUBPART 2. DUTIES AND OPERATION OF FILING OFFICE | ||
62A.9A-519 | Numbering, maintaining, and indexing records; communicating information provided in records. | |
62A.9A-520 | Acceptance and refusal to accept record. | |
62A.9A-521 | Uniform form of written financing statement and amendment. | |
62A.9A-522 | Maintenance and destruction of records. | |
62A.9A-523 | Information from filing office; sale or license of records. | |
62A.9A-524 | Delay by filing office. | |
62A.9A-525 | Fees. | |
62A.9A-526 | Filing-office rules. | |
62A.9A-527 | Duty to report. | |
PART 6 DEFAULT SUBPART 1. DEFAULT AND ENFORCEMENT OF SECURITY INTEREST | ||
62A.9A-601 | Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes. | |
62A.9A-602 | Waiver and variance of rights and duties. | |
62A.9A-603 | Agreement on standards concerning rights and duties. | |
62A.9A-604 | Procedure if security agreement covers real property, fixtures, or manufactured home. | |
62A.9A-605 | Unknown debtor or secondary obligor. | |
62A.9A-606 | Time of default for agricultural lien. | |
62A.9A-607 | Collection and enforcement by secured party. | |
62A.9A-608 | Application of proceeds of collection or enforcement; liability for deficiency and right to surplus. | |
62A.9A-609 | Secured party's right to take possession after default. | |
62A.9A-610 | Disposition of collateral after default. | |
62A.9A-611 | Notification before disposition of collateral. | |
62A.9A-612 | Timeliness of notification before disposition of collateral. | |
62A.9A-613 | Contents and form of notification before disposition of collateral: General. | |
62A.9A-614 | Contents and form of notification before disposition of collateral: Consumer-goods transaction. | |
62A.9A-615 | Application of proceeds of disposition; liability for deficiency and right to surplus. | |
62A.9A-616 | Explanation of calculation of surplus or deficiency. | |
62A.9A-617 | Rights of transferee of collateral. | |
62A.9A-618 | Rights and duties of certain secondary obligors. | |
62A.9A-619 | Transfer of record or legal title. | |
62A.9A-620 | Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral. | |
62A.9A-621 | Notification of proposal to accept collateral. | |
62A.9A-622 | Effect of acceptance of collateral. | |
62A.9A-623 | Right to redeem collateral. | |
62A.9A-624 | Waiver. | |
SUBPART 2. NONCOMPLIANCE WITH ARTICLE | ||
62A.9A-625 | Remedies for secured party's failure to comply with Article. | |
62A.9A-626 | Action in which deficiency or surplus is in issue. | |
62A.9A-627 | Determination of whether conduct was commercially reasonable. | |
62A.9A-628 | Nonliability and limitation on liability of secured party; liability of secondary obligor. | |
PART 7 TRANSITION | ||
62A.9A-701 | Effective date—2000 c 250. | |
62A.9A-702 | Savings clause. | |
62A.9A-703 | Security interest perfected before effective date. | |
62A.9A-704 | Security interest unperfected before effective date. | |
62A.9A-705 | Effectiveness of action taken before effective date. | |
62A.9A-706 | When initial financing statement suffices to continue effectiveness of financing statement. | |
62A.9A-707 | Amendment of preeffective-date financing statement. | |
62A.9A-708 | Persons entitled to file initial financing statement or continuation statement. | |
62A.9A-709 | Priority. | |
PART 8 TRANSITION PROVISIONS FOR 2010 AMENDMENTS | ||
62A.9A-803 | Security interest perfected before effective date. | |
62A.9A-804 | Security interest unperfected before effective date. | |
62A.9A-805 | Effectiveness of action taken before effective date. | |
62A.9A-806 | When initial financing statement suffices to continue effectiveness of financing statement. | |
62A.9A-807 | Amendment of preeffective date financing statement. | |
62A.9A-808 | Person entitled to file initial financing statement or continuation statement. | |
62A.9A-809 | Priority. |