§ 9-311. 9-311

469 words·~2 min read·/us/ucc/a9/s9-311

A 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)list any statute covering automobiles, trailers, mobile homes, boats, farm tractors, or the like, which provides for a security interest to be indicated on a [certificate of title as a condition or result of perfection, and any non-Uniform Commercial Code central filing statute]; 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. Legislative Note: This Article contemplates that perfection of a security interest in goods covered by a certificate of title occurs upon receipt by appropriate State officials of a properly tendered application for a certificate of title on which the security interest is to be indicated, without a relation back to an earlier time. States whose certificate-of-title statutes provide for perfection at a different time or contain a relation-back provision should amend the statutes accordingly.