§ 25-9-314. Perfection by control.

243 words·~1 min read·/nc/chapter-25/25-9-314

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

(a)Perfection by Control. - A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, investment property, or letter-of-credit rights may be perfected by control of the collateral under G.S. 25-7-106, 25-9-104, 25-9-105.1, 25-9-106, 25-9-107, or 25-9-107.1.

(b)Specified Collateral; Time of Perfection by Control; Continuation of Perfection. - A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, or letter-of-credit rights is perfected by control under G.S. 25-7-106, 25-9-104, 25-9-105.1, 25-9-107, or 25-9-107.1 not earlier than the time the secured party obtains control and remains perfected by control only while the secured party retains control.

(c)Investment Property; Time of Perfection by Control; Continuation of Perfection. - A security interest in investment property is perfected by control under G.S. 25-9-106 not earlier than the time the secured party obtains control and remains perfected by control until both of the following occur:

(1)The secured party does not have control.

(2)One of the following occurs:

a. If the collateral is a certificated security, the debtor has or acquires possession of the security certificate.

b. If the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner.

c. If the collateral is a security entitlement, the debtor is or becomes the entitlement holder. (1997-181, s. 5; 2000-169, s. 1; 2006-112, s. 52; 2025-25, s. 78.)