§ 9312. Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable.
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§ 9312. 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)Perfection by filing permitted.-- A security interest in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, instruments, investment property or negotiable documents may be perfected by filing.
(b)Control or possession of certain collateral.-- Except as otherwise provided in section 9315(c) (relating to perfection of security interest in proceeds) and
(d)(relating to continuation of perfection) for proceeds:
(1)a security interest in a deposit account may be perfected only by control under section 9314 (relating to perfection by control);
(2)except as otherwise provided in section 9308(d) (relating to supporting obligation), a security interest in a letter-of-credit right may be perfected only by control under section 9314; and
(3)a security interest in money may be perfected only by the secured party's taking possession under section 9313 (relating to when possession by or delivery to secured party perfects security interest without filing).
(c)Goods covered by negotiable document.-- While goods are in the possession of a bailee that has issued a negotiable document covering the goods:
(1)a security interest in the goods may be perfected by perfecting a security interest in the document; and
(2)a security interest perfected in the document has priority over any security interest which becomes perfected in the goods by another method during that time.
(d)Goods covered by nonnegotiable document.-- While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by:
(1)issuance of a document in the name of the secured party;
(2)the bailee's receipt of notification of the secured party's interest; or
(3)filing as to the goods.
(e)Temporary perfection: new value.-- A security interest in certificated securities, negotiable documents or instruments is perfected without filing or the taking of possession or control for a period of 20 days from the time it attaches to the extent that it arises for new value given under a signed security agreement.
(f)Temporary perfection: goods or documents made available to debtor.-- A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for 20 days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of:
(1)ultimate sale or exchange; or
(2)loading, unloading, storing, shipping, transshipping, manufacturing, processing or otherwise dealing with them in a manner preliminary to their sale or exchange.
(g)Temporary perfection: delivery of security certificate or instrument to debtor.-- A perfected security interest in a certificated security or instrument remains perfected for 20 days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of:
(1)ultimate sale or exchange; or
(2)presentation, collection, enforcement, renewal or registration of transfer.
(h)Expiration of temporary perfection.-- After the 20-day period specified in subsection (e),
(f)or
(g)expires, perfection depends upon compliance with this division.
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(Apr. 16, 2008, P.L.57, No.13, eff. 60 days; July 1, 2024, P.L.450, No.41, eff. 60 days)
2024 Amendment. Act 41 amended the section heading and subsecs.
(a)and (e). See section 1 of Act 41 in the appendix to this title for special provisions relating to findings and declarations.
Cross References. Section 9312 is referred to in sections 9310, 9323, 9324 of this title.
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