Title 8.9A. Commercial Code — Secured Transactions
Part 3. Perfection and Priority
Part 2. Perfection
This section has more than one version with varying effective dates. Scroll down to see all versions.
§ 8.9A-310. (Effective until July 1, 2025) When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.
(a) General rule; perfection by filing. Except as otherwise provided in subsection (b) and § 8.9A-312 (b), a financing statement must be filed to perfect all security interests and agricultural liens.
(b) Exceptions; filing not necessary. The filing of a financing statement is not necessary to perfect a security interest:
(1) that is perfected under § 8.9A-308 (d), (e), (f), or (g);
(2) that is perfected under § 8.9A-309 when it attaches;
(3) in property subject to a statute, regulation, or treaty described in § 8.9A-311 (a);
(4) in goods in possession of a bailee that is perfected under § 8.9A-312 (d) (1) or (2);
(5) in certificated securities, documents, goods, or instruments that is perfected without filing, control, or possession under § 8.9A-312 (e), (f), or (g);
(6) in collateral in the secured party's possession under § 8.9A-313;
(7) in a certificated security which is perfected by delivery of the security certificate to the secured party under § 8.9A-313;
(8) in deposit accounts, electronic chattel paper, electronic documents, investment property, or letter-of-credit rights which is perfected by control under § 8.9A-314;
(9) in proceeds which is perfected under § 8.9A-315; or
(10) that is perfected under § 8.9A-316.
(c) Assignment of perfected security interest. If a secured party assigns a perfected security interest or agricultural lien, a filing under this title is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
1964, c. 219, § 8.9-302; 1966, c. 569; 1973, c. 509; 1983, cc. 204, 367; 1984, c. 613; 1996, c. 216; 2000, c. 1007; 2004, c. 200.
§ 8.9A-310. (Effective July 1, 2025) When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.
(a) General rule; perfection by filing. Except as otherwise provided in subsection (b) and § 8.9A-312 (b), a financing statement must be filed to perfect all security interests and agricultural liens.
(b) Exceptions; filing not necessary. The filing of a financing statement is not necessary to perfect a security interest:
(1) that is perfected under § 8.9A-308 (d), (e), (f), or (g);
(2) that is perfected under § 8.9A-309 when it attaches;
(3) in property subject to a statute, regulation, or treaty described in § 8.9A-311 (a);
(4) in goods in possession of a bailee that is perfected under § 8.9A-312 (d) (1) or (2);
(5) in certificated securities, documents, goods, or instruments that is perfected without filing, control, or possession under § 8.9A-312 (e), (f), or (g);
(6) in collateral in the secured party's possession under § 8.9A-313;
(7) in a certificated security which is perfected by delivery of the security certificate to the secured party under § 8.9A-313;
(8) in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, or letter-of-credit rights which is perfected by control under § 8.9A-314;
(8.1) in chattel paper which is perfected by possession and control under § 8.9A-314.1.
(9) in proceeds which is perfected under § 8.9A-315; or
(10) that is perfected under § 8.9A-316.
(c) Assignment of perfected security interest. If a secured party assigns a perfected security interest or agricultural lien, a filing under this title is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
1964, c. 219, § 8.9-302; 1966, c. 569; 1973, c. 509; 1983, cc. 204, 367; 1984, c. 613; 1996, c. 216; 2000, c. 1007; 2004, c. 200; 2024, c. 652.
