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Code · Delaware · Title 6 — Commerce and Trade

§ A-302. Security interest perfected before effective date.

176 words·~1 min read·/de/title-6/a-302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Continuing perfection: perfection requirements satisfied. —
A security interest that is enforceable and perfected immediately before August 18, 2023, is a perfected security interest under the amending Act if, on August 18, 2023, the requirements for enforceability and perfection under the amending Act are satisfied without further action.
(b)Continuing perfection; enforceability or perfection requirements not satisfied. —
If a security interest is enforceable and perfected immediately before August 18, 2023, but the requirements for enforceability or perfection under 84 Del. Laws, c. 174 are not satisfied on August 18, 2023, the security interest:
(1)is a perfected security interest until the earlier of the time perfection would have ceased under the law in effect immediately before August 18, 2023, or the adjustment date;
(2)remains enforceable thereafter only if the security interest satisfies the requirements for enforceability under Section 9-203, as amended by the amending Act, before the adjustment date; and
(3)remains perfected thereafter only if the requirements for perfection under the amending Act are satisfied before the time specified in paragraph (1).
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