ARTICLE 9
SECURED TRANSACTIONS
PART 2
PERFECTION
11-9-312. 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.
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Perfection by filing permitted. A security interest in chattel paper, negotiable documents, instruments, or investment property may be perfected by filing.
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Control or possession of certain collateral. Except as otherwise provided in subsections (c) and (d) of Code Section 11-9-315 for proceeds:
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A security interest in a deposit account may be perfected only by control under Code Section 11-9-314;
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Except as otherwise provided in subsection (d) of Code Section 11-9-308, a security interest in a letter of credit right may be perfected only by control under Code Section 11-9-314; and
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A security interest in money may be perfected only by the secured party's taking possession under Code Section 11-9-313.
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Goods covered by negotiable document. While goods are in the possession of a bailee that has issued a negotiable document covering the goods:
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A security interest in the goods may be perfected by perfecting a security interest in the document; and
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A security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time.
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Goods covered by nonnegotiable document. While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by:
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Issuance of a document in the name of the secured party;
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The bailee's receipt of notification of the secured party's interest; or
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Filing as to the goods.
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Temporary perfection; new value. A security interest in certificated securities, negotiable documents, or instruments is perfected without filing or the taking of possession or control for a period of 20 days from the time it attaches to the extent that it arises for new value given under an authenticated security agreement.
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Temporary perfection; goods or documents made available to debtor. A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for 20 days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of:
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Ultimate sale or exchange; or
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Loading, unloading, storing, shipping, transshipping, manufacturing, processing, or otherwise dealing with them in a manner preliminary to their sale or exchange.
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Temporary perfection; delivery of security certificate or instrument to debtor. A perfected security interest in a certificated security or instrument remains perfected for 20 days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of:
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Ultimate sale or exchange; or
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Presentation, collection, enforcement, renewal, or registration of transfer.
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Expiration of temporary perfection. After the 20 day period specified in subsection (e), (f), or (g) of this Code section expires, perfection depends upon compliance with this article.
(Code 1981, §11-9-312, enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2010, p. 481, § 2-25/HB 451.)
The 2010 amendment,
effective May 27, 2010, inserted "or control" in the middle of subsection (e). See the Editor's notes for applicability.
Editor's notes.
- Ga. L. 2010, p. 481,
§
3-1, not codified by the General Assembly, provides that: "This Act applies to a document of title that is issued or a bailment that arises on or after the effective date of this Act. This Act does not apply to a document of title that is issued or a bailment that arises before the effective date of this Act even if the document of title or bailment would be subject to this Act if the document of title had been issued or bailment had arisen on or after the effective date of this Act. This Act does not apply to a right of action that has accrued before the effective date of this Act." This Act became effective May 27, 2010.
Ga. L. 2010, p. 481,
§
3-2, not codified by the General Assembly, provides that: "A document of title issued or a bailment that arises before the effective date of this Act and the rights, documents, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this Act as if such amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule." This Act became effective May 27, 2010.
Law reviews.
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For article, "Security Transfers by Secured Parties," see 4 Ga. L. Rev. 527 (1970).
RESEARCH REFERENCES
Am. Jur. 2d.
- 68A Am. Jur. 2d, Secured Transactions,
§§
18, 38, 51-53, 109, 288 et seq., 304, 310, 311, 445, 448, 455, 495-509, 534-537, 926-930.
C.J.S.
- 6A C.J.S., Assignments,
§§
79, 80, 85. 72 C.J.S., Pledges,
§
22.
U.L.A.
- Uniform Commercial Code (U.L.A.)
§
9-312.
ALR.
- Effectiveness of original financing statement under UCC Article 9 after change in debtor's name, identity, or business structure, 99 A.L.R.3d 1194.
Perfection of security interests by possession, delivery, or control under revised Article 9 of Uniform Commercial Code, 53 A.L.R.6th 159.
