O.C.G.A.

O.C.G.A. § 11-9-307 (2019)

Location of debtor

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) “Place of business.” As used in this Code section, the term “place of business” means a place where a debtor conducts its affairs. (b) Debtor’s location; general rules. Except as otherwise provided in this Code section, the following rules determine a debtor’s location: (1) A debtor who is an individual is located at the individual’s principal residence; (2) A debtor that is an organization and has only one place of business is located at its place of business; and (3) A debtor that is an organization and has more than one place of business is located at its chief executive office. (c) Limitation of applicability of subsection (b) of this Code section. Subsection (b) of this Code section applies only if a debtor’s residence, place of business, or chief executive office, as applicable, is located in a jurisdiction whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording, or registration system as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection (b) of this Code section does not apply, the debtor is located in the District of Columbia. (d) Continuation of location; cessation of existence, etc. A person that ceases to exist, have a residence, or have a place of business continues to be located in the jurisdiction specified by subsections (b) and (c) of this Code section.

(e) Location of registered organization organized under state law. A registered organization that is organized under the law of a state is located in that state. (f) Location of registered organization organized under federal law; bank branches and agencies. Except as otherwise provided in subsection (i) of this Code section, a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a state are located: (1) In the state that the law of the United States designates, if the law designates a state of location; (2) In the state that the registered organization, branch, or agency designates, if the law of the United States authorizes the registered organization, branch, or agency to designate its state of location, including by designating its main office, home office, or other comparable office; or (3) In the District of Columbia, if neither paragraph (1) nor (2) of this subsection applies. (g) Continuation of location; change in status of registered organization. A registered organization continues to be located in the jurisdiction specified by subsection (e) or (f) of this Code section notwithstanding: (1) The suspension, revocation, forfeiture, or lapse of the registered organization’s status as such in its jurisdiction of organization; or (2) The dissolution, winding up, or cancellation of the existence of the registered organization. (h) Location of United States. The United States is located in the District of Columbia. (i) Location of foreign bank branch or agency if licensed in only one state. A branch or agency of a bank that is not organized under the law of the United States or a state is located in the state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state. (j) Location of foreign air carrier. A foreign air carrier under the Federal Aviation Act of 1958, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier. (k) Code section applies only to this part. This Code section applies only for purposes of this part.

History

Code 1981, § 11-9-307, enacted by Ga.

L. 2001, p. 362, § 1; Ga. L. 2013, p. 690, § 3/SB 185.

Annotations

RESEARCH REFERENCES U.L.A. Uniform Commercial Code (U.L.A.) § 9307.

Subpart 2 Perfection

Notes of Decisions

Cited in 13 cases, 1983–2003 · leading case: Superior Bank v. Human Servs. Employees Credit Union, 556 S.E.2d 155 (Ga. Ct. App. 2001).

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Superior Bank v. Human Servs. Employees Credit Union, 556 S.E.2d 155 (Ga. Ct. App. 2001). · cites it 12× “Plaintiffs also contend that the trial court failed to apply OCGA § 11-9-307. All of these issues must be decided together rather than in a piecemeal fashion, because the issues interlock.”

Ashburn Bank v. Farr, 426 S.E.2d 63 (Ga. Ct. App. 1992). · cites it 4× “The trial court correctly ruled that the Food Security Act (7 USCA § 1631) controls this transaction, and preempts the farm products exception contained in OCGA § 11-9-307 (1) of the Uniform Commercial Code as enacted in Georgia.”

Owensboro Nat'l Bank v. Jenkins, 328 S.E.2d 399 (Ga. Ct. App. 1985). · cites it 2× “OCGA § 11-9-307. 3) Plaintiff had a valid security interest in the 1981 Buick.”

Metter Banking Co. v. Fisher Foods, Inc., 359 S.E.2d 145 (Ga. Ct. App. 1987). · cites it 4× “OCGA § 11-9-307 (1); First Nat. Bank, supra; see Bank of Madison v.”

McDonald v. Ocilla Cotton Warehouse, Inc. (In Re McDonald), 224 B.R. 862 (Bankr. S.D. Ga. 1998). · cites it 4× “In Georgia, O.C.G.A. § 11-9-307(1) (1994) provides that a “buyer in the ordinary course of business .”

First Nat'l Bank v. Atlanta Classic Cars, Inc., 363 S.E.2d 16 (Ga. Ct. App. 1987). · cites it 2× “takes free of a security interest created by his seller even though the security interest is perfected and even though the buyer knows of its existence.” Reading those two sections together, a buyer who merely knows of a security interest of another party covering certain goods…”

Hanington v. Palmer (In re Palmer), 103 B.R. 348 (D. Ga. 1989). · cites it 3× “O.C.G.A. § 11-9-307(1) (1982). (1) A buyer in the ordinary course of business (subsection (9) of Code Section 11 — 1— 201) other than a person buying farm products from a person engaged in farming operations takes free of a security interest created by his seller even though the…”

Dixie Prod. Credit Ass'n v. Kent, 307 S.E.2d 277 (Ga. Ct. App. 1983). · cites it 2× “Where a debtor without authority disposes of secured collateral, the creditor has the option of going after the collateral or the proceeds (unless the buyer in the ordinary course provisions of OCGA § 11-9-307 (Code Ann. § 109A-9—307) apply).”

Borg-Warner Acceptance Corp. v. Boat Trading, Inc., 389 S.E.2d 555 (Ga. Ct. App. 1989). · cites it 2× “The jury’s verdict finding that Boat Trading was a “buyer in the ordinary course of business” is supported by sufficient evidence and the trial court did not err in denying Borg-Warner’s motion for a directed verdict.”

Century Chem. Corp. v. Columbia Cnty. Grain Growers, Inc., 710 P.2d 816 (Wash. Ct. App. 1985). “1985); Ga. Code Ann. § 11-9-307 (3) (1981).”

Intermet Corp. v. Fin. Fed. Credit, Inc., 588 S.E.2d 810 (Ga. Ct. App. 2003). · cites it 6× “OCGA § 11-9-307 (1) provides that “[a] buyer in ordinary course of business .”

Credithrift of Am., Inc. v. Borg-Warner Acceptance Corp., 370 S.E.2d 801 (Ga. Ct. App. 1988). · cites it 2× “” A “ ‘[b]uyer in ordinary course of business’ means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest of a third party in the goods buys in ordinary course from a person in the business of selling…”

Show all 13 citing cases →

— 11-9-307(1) — 3 cases

McDonald v. Ocilla Cotton Warehouse, Inc. (In Re McDonald), 224 B.R. 862 (Bankr. S.D. Ga. 1998). “In Georgia, O.C.G.A. § 11-9-307(1) (1994) provides that a “buyer in the ordinary course of business .”

Hanington v. Palmer (In re Palmer), 103 B.R. 348 (D. Ga. 1989). “O.C.G.A. § 11-9-307(1) (1982). (1) A buyer in the ordinary course of business (subsection (9) of Code Section 11 — 1— 201) other than a person buying farm products from a person engaged in farming operations takes free of a security interest created by his seller even though the…”

Agricredit Acceptance, LLC v. Hendrix, 82 F. Supp. 2d 1379 (S.D. Ga. 2000).

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