TITLE 11 COMMERCIAL CODE

Section 9. Secured Transactions, 11-9-101 through 11-9-809.

ARTICLE 9 SECURED TRANSACTIONS

PART 3 PRIORITY

11-9-317. Interests that take priority over or take free of security interest or agricultural lien.

1. Conflicting security interests and rights of lien creditors. A security interest or agricultural lien is subordinate to the rights of:
   1. A person entitled to priority under Code Section 11-9-322; and
   2. Except as otherwise provided in subsection (e) of this Code section, a person that becomes a lien creditor before the earlier of the time:
      1. The security interest or agricultural lien is perfected; or
      2. A financing statement covering the collateral is filed.
2. Buyers that receive delivery. Except as otherwise provided in subsection (e) of this Code section, a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
3. Lessees that receive delivery. Except as otherwise provided in subsection (e) of this Code section, a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
4. Licensees and buyers of certain collateral. A licensee of a general intangible or a buyer, other than a secured party, of collateral other than tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.
5. Purchase money security interest. Except as otherwise provided in Code Sections 11-9-320 and 11-9-321, if a person files a financing statement with respect to a purchase money security interest before or within 20 days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches and the time of filing.

(Code 1981, §11-9-317, enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2010, p. 481, § 2-28/HB 451; Ga. L. 2013, p. 690, § 6/SB 185.)

The 2010 amendment, effective May 27, 2010, inserted "tangible" near the middle of subsection (b); and inserted "electronic documents," in the middle of subsection (d). See the Editor's notes for applicability.

The 2013 amendment, effective July 1, 2013, substituted "certificated security" for "security certificate" in subsection (b); and substituted "collateral other than tangible chattel paper, tangible documents, goods, instruments, or a" for "accounts, electronic chattel paper, electronic documents, general intangibles, or investment property other than a" in subsection (d).