§ 9-311. Perfection of security interests in property subject to certain statutes, regulations, and treaties.
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/de/title-6/chapter-9/9-311A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 Section 9-310(a);
(2)Subchapter II of Chapter 23 of Title 21, relating to the notation of liens and encumbrances on certificates of title for motor vehicles; or
(3)a statute 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 Sections 9-313 and 9-316(d) and
(e)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 Section 9-316(d) and (e), 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.