§ 9310. When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to whi.

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§ 9310. 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 section 9312(b) (relating to perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights and money; perfection by permissive filing; temporary perfection without filing or transfer of possession), 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)which is perfected under section:

(i)9308(d) (relating to supporting obligation);

(ii)9308(e) (relating to lien securing right to payment);

(iii)9308(f) (relating to security entitlement carried in securities account); or

(iv)9308(g) (relating to commodity contract carried in commodity account);

(2)which is perfected under section 9309 (relating to security interest perfected upon attachment) when it attaches;

(3)in property subject to a statute, regulation or treaty described in section 9311(a) (relating to perfection of security interests in property subject to certain statutes, regulations and treaties);

(4)in goods in possession of a bailee which is perfected under section 9312(d)(1) or (2);

(5)in certificated securities, documents, goods or instruments which is perfected without filing, control or possession under section:

(i)9312(e);

(ii)9312(f); or

(iii)9312(g);

(6)in collateral in the secured party's possession under section 9313 (relating to when possession by or delivery to secured party perfects security interest without filing);

(7)in a certificated security which is perfected by delivery of the security certificate to the secured party under section 9313;

(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 section 9314 (relating to perfection by control);

(8.1) in chattel paper which is perfected by possession and control under section 9314.1 (relating to perfection by possession and control of chattel paper);

(9)in proceeds which is perfected under section 9315 (relating to secured party's rights on disposition of collateral and in proceeds); or

(10)which is perfected under section 9316 (relating to effect of change in governing law).

(c)Assignment of perfected security interest.-- If a secured party assigns a perfected security interest or agricultural lien, a filing under this division is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.

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(Apr. 16, 2008, P.L.57, No.13, eff. 60 days; June 27, 2013, P.L.154, No.30, eff. July 1, 2013; July 1, 2024, P.L.450, No.41, eff. 60 days)

2024 Amendment. Act 41 amended subsecs.

(a)and (b)(4),

(5)and

(8)and added subsec. (b)(8.1). See section 1 of Act 41 in the appendix to this title for special provisions relating to findings and declarations.

2013 Amendment. Act 30 amended subsec. (b)(10).

Cross References. Section 9310 is referred to in sections 9102, 9308, 9311 of this title.

13c9311s