UNIFORM COMMERCIAL CODE
Act 174 of 1962
440.9307 "Place of business" defined; location of debtor.
Sec. 9307.
(1) As used in this section, "place of business" means a place where a debtor conducts its affairs.
(2) Except as otherwise provided in this section, the following rules determine a debtor's location:
(a) A debtor who is an individual is located at the individual's principal residence.
(b) A debtor that is an organization and has only 1 place of business is located at its place of business.
(c) A debtor that is an organization and has more than 1 place of business is located at its chief executive office.
(3) Subsection (2) 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 (2) does not apply, the debtor is located in the District of Columbia.
(4) 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 (2) and (3).
(5) A registered organization that is organized under the law of a state is located in that state.
(6) Except as otherwise provided in subsection (9), 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 in 1 of the following:
(a) In the state that the law of the United States designates, if the law designates a state of location.
(b) 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.
(c) In the District of Columbia, if neither subdivision (a) nor (b) applies.
(7) A registered organization continues to be located in the jurisdiction specified by subsection (5) or (6) notwithstanding the occurrence of 1 of the following:
(a) The suspension, revocation, forfeiture, or lapse of the registered organization's status as such in its jurisdiction of organization.
(b) The dissolution, winding up, or cancellation of the existence of the registered organization.
(8) The United States is located in the District of Columbia.
(9) 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 1 state.
(10) A foreign air carrier is located at the designated office of the agent upon which service of process may be made on behalf of the carrier under section 46103 of title 49 of the United States Code, 49 USC 46103.
(11) This section applies only for purposes of this part.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1978, Act 369, Eff. Jan. 1, 1979 ;-- Am. 1984, Act 170, Eff. Apr. 1, 1985 ;-- Am. 1985, Act 199, Eff. Jan. 1, 1986 ;-- Am. 2000, Act 348, Eff. July 1, 2001 ;-- Am. 2012, Act 88, Eff. July 1, 2013
Notes of Decisions
Ladd v. Ford Consum. Fin. Co., Inc., 550 N.W.2d 826 (Mich. Ct. App. 1996).
· cites it 7× “1201(9), who was protected by MCL 440.9307; MSA 19.9307. The trial court reasoned that title to the mobile home passed from Colony to Ladd upon physical delivery of the home under MCL 440.”
GMAC Bus. Credit, L.L.C. v. Ford Motor Co. (In Re H.S.A. II, Inc.), 271 B.R. 534 (Bankr. E.D. Mich. 2002).
· cites it 5× “§ 440.9307. As noted above, the reason that a security interest does not continue in collateral that is sold to a buyer in ordinary course is that the security interest continues in the proceeds, thus protecting the secured creditor.”
Michigan Nat'l Bank v. Michigan Livestock Exch., 439 N.W.2d 884 (Mich. 1989).
· cites it 4× “*304 APPENDIX MCL 440.9307; MSA 19.9307, after amendment by 1985 PA 199 , provides: (1) Except as otherwise provided by subsection (10), a buyer in ordinary course of business, as defined in section 1201(9), takes free of a security interest created by his or her seller even…”
Larson v. Van Horn, 313 N.W.2d 288 (Mich. Ct. App. 1981).
“MCL 440.9307(1); MSA 19.9307(1), and MCL 440.”
FMB-First Michigan Bank v. Van Rhee, 681 F. Supp. 1264 (W.D. Mich. 1987).
“§ 440.9307(1). The statute, as amended in 1984, provides that a commission merchant or selling agent who sells farm products in the ordinary course of business shall not be liable to the holder of a security interest in those farm products even though the security interest is…”
McLeod v. Sears, Roebuck & Co. (In Re McLeod), 245 B.R. 518 (Bankr. E.D. Mich. 2000).
· cites it 5× “See Mich. Comp. Laws Ann. § 440.9307 (14). As to the first requirement of attachment, the stipulated facts show that Debtor entered into a revolving charge account with Defendant in 1990, received regular updates of the Agreement, and added his wife as an authorized buyer on…”
Nat'l Bank v. Frydlewicz, 241 N.W.2d 471 (Mich. Ct. App. 1976).
“If National is a buyer in the ordinary course of business, UCC 9-307(1), MCLA 440.9307(1); MSA 19.9307(1), would give its interest in the disputed merchandise priority over plaintiffs unperfected security interest.”
Matter of Special Abrasives, Inc., 26 B.R. 399 (Bankr. E.D. Mich. 1983).
· cites it 2× “§ 440.9307(1). That statute reads: A buyer in ordinary course of business (subsection (9) of section 1201) 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 security…”
Michigan Nat'l Bank v. Michigan Livestock Exch., 418 N.W.2d 663 (Mich. Ct. App. 1987).
“1 After the instant suit was filed, the Legislature amended MCL 440.9307; MSA 19.9307, establishing a procedure which requires secured parties to send notice of security interests in farm products directly to "potential buyers and points of delivery.”
— Mich. Comp. Laws § 440.9307(1) — 7 cases
GMAC Bus. Credit, L.L.C. v. Ford Motor Co. (In Re H.S.A. II, Inc.), 271 B.R. 534 (Bankr. E.D. Mich. 2002).
“§ 440.9307. As noted above, the reason that a security interest does not continue in collateral that is sold to a buyer in ordinary course is that the security interest continues in the proceeds, thus protecting the secured creditor.”
Ladd v. Ford Consum. Fin. Co., Inc., 550 N.W.2d 826 (Mich. Ct. App. 1996).
“1201(9), who was protected by MCL 440.9307; MSA 19.9307. The trial court reasoned that title to the mobile home passed from Colony to Ladd upon physical delivery of the home under MCL 440.”
Larson v. Van Horn, 313 N.W.2d 288 (Mich. Ct. App. 1981).
“MCL 440.9307(1); MSA 19.9307(1), and MCL 440.”
FMB-First Michigan Bank v. Van Rhee, 681 F. Supp. 1264 (W.D. Mich. 1987).
“§ 440.9307(1). The statute, as amended in 1984, provides that a commission merchant or selling agent who sells farm products in the ordinary course of business shall not be liable to the holder of a security interest in those farm products even though the security interest is…”
— Mich. Comp. Laws § 440.9307(14) — 1 case
McLeod v. Sears, Roebuck & Co. (In Re McLeod), 245 B.R. 518 (Bankr. E.D. Mich. 2000).
“See Mich. Comp. Laws Ann. § 440.9307 (14). As to the first requirement of attachment, the stipulated facts show that Debtor entered into a revolving charge account with Defendant in 1990, received regular updates of the Agreement, and added his wife as an authorized buyer on…”
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