O.C.G.A. § 11-9-311 (2019)
Perfection of security interests in property subject to certain statutes, regulations, and treaties
(a) Security interest subject to other law. Except as otherwise provided in subsection (d) of this Code section, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:
(1) A statute, regulation, or treaty of the United States whose requirements for a security interest’s obtaining priority over the rights of a lien creditor with respect to the property preempt subsection (a) of Code Section 11-9-310;
(2) Chapter 3 of Title 40; or
(3) A statute of another jurisdiction which provides for a security interest to be indicated on a certificate of title as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the property.
(b) Compliance with other law. Compliance with the requirements of a statute, regulation, or treaty described in subsection (a) of this Code section for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this article. Except as otherwise provided in subsection (d) of this Code section, in Code Section 11-9-313, and in subsections (d) and (e) of Code Section 11-9-316 for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subsection (a) of this Code section may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.
(c) Duration and renewal of perfection. Except as otherwise provided in subsection (d) of this Code section and subsections (d) and (e) of Code Section 11-9-316, duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation, or treaty described in subsection (a) of this Code section are governed by the statute, regulation, or treaty. In other respects, the security interest is subject to this article.
(d) Inapplicability to certain inventory. During any period in which collateral subject to a statute specified in paragraph (2) of subsection (a) of this Code section is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this Code section does not apply to a security interest in that collateral created by that person.
History
Code 1981, § 11-9-311, enacted by Ga.
L. 2001, p. 362, § 1; Ga. L. 2013, p. 690, § 4/SB 185.
Annotations
JUDICIAL DECISIONS Security interest unperfected. - Where the creditor’s security interest was never recorded on the certificates of title and the vehicles were required to have certificates of title under O.C.G.A. §§ 403-4 and 40-3-20, under O.C.G.A. § 11-9311(a)(2), the filing of a financing statement was not effective to perfect the security interest in the vehicles; thus, the debtor’s bankruptcy trustee could avoid the creditor’s security interest in the vehicles. Tidwell v. First Cmty. Bank (In re
Charley’s Auto., Inc.), No. 02-50855 RFH, No. 02-5155, 2003 Bankr. LEXIS 433 (Bankr. M.D. Ga. May 8, 2003). Property subject to Motor Vehicle Certificate of Title Act. - Georgia Code is very clear that the filing of a financing statement is not effective to perfect a security interest in property subject to the Motor Vehicle Certificate of Title Act, O.C.G.A. T. 40, C. 3. In re Blair, No. 05-20151, 2005 Bankr. LEXIS 3547 (Bankr. S.D. Ga. June 2, 2005).
RESEARCH REFERENCES U.L.A. Uniform Commercial Code (U.L.A.) § 9311.