K.S.A. § 84-9-311 (2026)
Perfection of security interests in property subject to other laws; duration and renewal of perfection; inapplicability to certain collateral
84-9-311. Perfection of security interests in property subject to other laws; duration and renewal of perfection; inapplicability to certain collateral. (a) Security interest subject to other law. Except as otherwise provided in subsection (d), 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 K.S.A. 2025 Supp. 84-9-310(a), and amendments thereto;
(2) any law of this state covering automobiles, trailers, mobile homes, boats or the like, which provides for a security interest to be indicated on a certificate of title. Such security interest shall be deemed perfected upon the mailing or delivery of the notice of security interest and tender of the required fee to the appropriate state agency as prescribed by subsection (c)(5) of K.S.A. 8-135 and subsection (g) of 58-4204, and amendments thereto, or the delivery of the documents appropriate under any such law to the appropriate state agency and tender of the required fee to the state agency, as prescribed in subsection (c)(6) of K.S.A. 8-135 and subsection (i) of 58-4204, and amendments thereto; or
(3) a law 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) 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) and K.S.A. 2025 Supp. 84-9-313 and 84-9-316(d) and (e), and amendments thereto, for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subsection (a) 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) and K.S.A. 2025 Supp. 84-9-316(d) and (e), and amendments thereto, 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) 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 subsection (a)(2) 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 section does not apply to a security interest in that collateral created by that person.
History: L. 2000, ch. 142, § 31; L. 2002, ch. 159, § 11; L. 2007, ch. 135, § 3; L. 2009, ch. 91, § 3; L. 2012, ch. 84, § 4; July 1, 2013.
KANSAS COMMENT, 1996
This section recognizes that in all secured transactions under this Article, the debtor has an interest which he can dispose of and which his unsecured creditors can reach, even though the security agreement prohibits such transfer and makes it a default. The section is a variation on the theme of free alienability of property, and is consistent with 84-9-205, which validates a security interest despite the debtor's right to use or dispose of the property. K.S.A. 60-2406, which should be read in tandem with this section, provides that the interest of a judgment debtor in personal property may be levied upon and sold on execution subject to liens or encumbrances already existing. For a hoary case in which execution was levied on the mortgagor's interest in goods, see Ament v. Greer, Adm'r, 37 K. 648, 16 P. 102 (1887).
Revisor's Note:
Former section 84-9-311 was repealed by L. 2000, ch. 142, § 155 and the number reassigned to the current text.
Law Review and Bar Journal References:
"Close Corporations and the Kansas General Corporation Code of 1972," Edwin W. Hecker, Jr., 22 K.L.R. 489, 535 (1974).
"Farm Tractors in Kansas: How to Perfect a Security Interest," Aaron K. Johnstum and Stephen J. Ware, 57 K.L.R. 409 (2009).
CASE ANNOTATIONS
1. Debtor's rights in collateral may be voluntarily transferred, agreement to contrary notwithstanding. Clark Jewelers v. Satterthwaite, 8 Kan. App. 2d 569, 572, 662 P.2d 1301 (1983).
2. While free alienability of debtor's property allowed, property remains subject to preexisting liens or security agreements. First Nat'l Bank v. Milford, 239 Kan. 151, 154, 718 P.2d 1291 (1986).
3. Creditor claiming security interest in airplane for parts properly perfected interest precluding financing statement filing. In re Arcentral, Inc., 289 B.R. 170, 172 (2003).
4. Mere presentation of appropriate documents with fee under vehicle titling statute insufficient to perfect lien. In re Anderson, 351 B.R. 752, 755 (2006).
5. Mentioned; UCC provides that security interest generally subordinate to judicial lien before the security interest is perfected. In re Barker, 358 B.R. 399, 406 (2007).
6. Property subject to certificate of title laws, filing of financing statement not effective to perfect security interest. In re Jackson, 358 B.R. 412, 416, 419 (2007).
7. Perfection of security interest in manufactured home continues until new title issued unless lien release given. In re Wedman, 374 B.R. 819, 823, 828, 829 (2007).
8. Bankruptcy trustee's rights as lienholder not defeated by later issuance of certificate of title noting lienholder. In Re Hicks, 491 F.3d 1136, 1142 (2007).
9. Purchase money security interest in automobiles can be perfected only by compliance with K.S.A. 8-135. Stanley Bank v. Parish, 298 Kan. 755, 317 P.3d 750 (2014).
10. Lender failed to perfect security interest in debtor's refinanced vehicle when submitting incorrect security interest application and fee. In re Anstaett, 651 B.R. 911 (Bankr. D. Kan. 2023).