UNIFORM COMMERCIAL CODE
Act 174 of 1962
440.9310 When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.
Sec. 9310.
(1) Except as otherwise provided in subsection (2) and section 9312(2), a financing statement must be filed to perfect all security interests and agricultural liens.
(2) The filing of a financing statement is not necessary to perfect 1 or more of the following:
(a) A security interest that is perfected under section 9308(4), (5), (6), or (7).
(b) A security interest that is perfected under section 9309 when it attaches.
(c) A security interest in property subject to a statute, regulation, or treaty described in section 9311(1).
(d) A security interest in goods in possession of a bailee that is perfected under section 9312(4)(a) or (b).
(e) A security interest in certificated securities, documents, goods, or instruments that is perfected without filing, control, or possession under section 9312(5), (6), or (7).
(f) A security interest in collateral in the secured party's possession under section 9313.
(g) A security interest in a certificated security that is perfected by delivery of the security certificate to the secured party under section 9313.
(h) A security interest in deposit accounts, electronic chattel paper, electronic documents, investment property, or letter-of-credit rights that is perfected by control under section 9314.
(i) A security interest in proceeds that is perfected under section 9315.
(j) A security interest that is perfected under section 9316.
(3) If a secured party assigns a perfected security interest or agricultural lien, a filing under this article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 2000, Act 348, Eff. July 1, 2001 ;-- Am. 2012, Act 87, Eff. July 1, 2013
Notes of Decisions
Michigan Nat'l Bank v. Marston, 185 N.W.2d 47 (Mich. Ct. App. 1970).
· cites it 2× “1711] MCLA § 440.9310 [Stat Ann 1964 Rev § 19.9310]) and for an amount quite possibly in excess of the value of the car.”
Nat'l Bank v. Eames & Brown, Inc., 242 N.W.2d 412 (Mich. 1976).
“” *618 The Court of Appeals held that NBD had a perfected security interest in the money owed by Aetna to Continental and that the position of NBD under the UCC was superior to the position of Westinghouse under the Act for three reasons: 1) The Act is a penal provision not…”
Nickell v. Lambrecht, 185 N.W.2d 155 (Mich. Ct. App. 1970).
· cites it 2× “15 MCLA § 440.9310 (Stat Ann 1964 Bev § 19.9310).”
In re Lott, 196 B.R. 768 (Bankr. W.D. Mich. 1996).
“§ 440.9310. With regard to the second repair bill, Heritage holds a common law artisan’s lien which is entitled to priority over the other secured creditors, i.”
In re Klein, 486 B.R. 853 (Bankr. E.D. Mich. 2012).
· cites it 2× “See Mich. Comp. Laws § 440.9311 (l)(b)(i); see also Mich.”
Nat. Bank of Detroit v. Eames & Brown, Inc., 213 N.W.2d 573 (Mich. Ct. App. 1973).
· cites it 3× “10 Finally, the Act does not create a lien with Article Nine priority as contemplated by MCLA 440.9310; MSA 19.9310. 11 Westinghouse, having failed to secure a priority by filing a mechanic’s lien or perfecting a security interest, must stand in the position of an unsecured…”
United States v. Holland, No. 2:13-cv-10082 (E.D. Mich. Nov. 13, 2020).
· cites it 2× “See Mich. Comp. Laws § 440.9310 (1). Patmon has not identified any underlying secured transaction in which Holland pledged a property interest as collateral.”
Thomas Hosp. Grp. Inc v. Bree Enter. Inc, No. 344639 (Mich. Ct. App. Dec. 3, 2019).
“See MCL 440.9310(1) (providing that, in the absence of an exception, “a financing statement must be filed to perfect all security interests .”
Franklin Capital Funding, LLC v. Austin Bus. Fin., LLC, 676 F. Supp. 3d 515 (E.D. Mich. 2023).
“§ 440.9310(1). Franklin further alleges that the payment Austin received from Excell under Excell’s agreement with MXT contained identifiable cash proceeds from Excell’s accounts receivable.”
Mich. Comp. Laws § 440.9310(1): 4 cases
Thomas Hosp. Grp. Inc v. Bree Enter. Inc, No. 344639 (Mich. Ct. App. Dec. 3, 2019).
“See MCL 440.9310(1) (providing that, in the absence of an exception, “a financing statement must be filed to perfect all security interests .”
Franklin Capital Funding, LLC v. Austin Bus. Fin., LLC, 676 F. Supp. 3d 515 (E.D. Mich. 2023).
“§ 440.9310(1). Franklin further alleges that the payment Austin received from Excell under Excell’s agreement with MXT contained identifiable cash proceeds from Excell’s accounts receivable.”
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