Ark. Code Ann. § 4-9-308 (2026)
When security interest or agricultural lien is perfected — Continuity of perfection
- Except as otherwise provided in this section and § 4-9-309, a security interest is perfected if it has attached and all of the applicable requirements for perfection in §§ 4-9-310 — 4-9-316 have been satisfied. A security interest is perfected when it attaches if the applicable requirements are satisfied before the security interest attaches.
- An agricultural lien is perfected if it has become effective and all of the applicable requirements for perfection in § 4-9-310 have been satisfied. An agricultural lien is perfected when it becomes effective if the applicable requirements are satisfied before the agricultural lien becomes effective.
- A security interest or agricultural lien is perfected continuously if it is originally perfected by one (1) method under this chapter and is later perfected by another method under this chapter, without an intermediate period when it was unperfected.
- Perfection of a security interest in collateral also perfects a security interest in a supporting obligation for the collateral.
- Perfection of a security interest in a right to payment or performance also perfects a security interest in a security interest, mortgage, or other lien on personal or real property securing the right.
- Perfection of a security interest in a securities account also perfects a security interest in the security entitlements carried in the securities account.
- Perfection of a security interest in a commodity account also perfects a security interest in the commodity contracts carried in the commodity account.
History. Acts 2001, No. 1439, § 1.
Research References
Ark. L. Notes.
Schneider, Notes on Agricultural Landlord's Liens Under Revised Article 9 of the Uniform Commercial Code, 2002 Arkansas L. Notes 53.
Case Notes
Chattel Mortgages.
Former sections 4-9-301 — 4-9-304 concern priorities of perfected and unperfected security interests as against third persons and are not applicable to a chattel mortgage as between the parties. Anderson v. First Jacksonville Bank, 243 Ark. 977, 423 S.W.2d 273 (1968) (decision under prior law).
Continuous Perfection.
To interpret former § 4-9-303(2) as providing that a security interest can be continuously perfected by consecutively filed financing statements contradicts the express language of former § 4-9-403(2). Former § 4-9-303(2) is applicable to security interests that are originally perfected in one way and then subsequently perfected in some other way, without an intermediate unperfected period. Worthen Bank & Trust Co. v. Hilyard Drilling Co., 840 F.2d 596 (8th Cir. 1988) (decision under prior law).
Cited: United States v. Baptist Golden Age Home, 226 F. Supp. 892 (W.D. Ark. 1964); Standard Lumber Co. v. Chamber Frames, Inc., 317 F. Supp. 837 (E.D. Ark. 1970); In re Howell Enterprises, Inc., 105 B.R. 494 (Bankr. E.D. Ark. 1989); Wawak v. Affiliated Food Stores, Inc., 306 Ark. 186, 812 S.W.2d 679 (1991); Herringer v. Mercantile Bank, 315 Ark. 218, 866 S.W.2d 390 (1993) (decisions under prior law).