70A-9a-315. Secured party's rights on disposition of collateral and in proceeds.

338 words·~2 min read·/ut/title-70a/chapter-9a/70a-9a-315

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

(1)Except as otherwise provided in this chapter and in Subsection 70A-2-403(2) :

(a)a security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and

(b)a security interest attaches to any identifiable proceeds of collateral.

(2)Proceeds that are commingled with other property are identifiable proceeds:

(a)if the proceeds are goods, to the extent provided by Section 70A-9a-336 ; and

(b)if the proceeds are not goods, to the extent that the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this chapter with respect to commingled property of the type involved.

(3)A security interest in proceeds is a perfected security interest if the security interest in the original collateral was perfected.

(4)A perfected security interest in proceeds becomes unperfected on the 21st day after the security interest attaches to the proceeds unless:

(a)the following conditions are satisfied:

(i)a filed financing statement covers the original collateral;

(ii)the proceeds are collateral in which a security interest may be perfected by filing in the office in which the financing statement has been filed; and

(iii)the proceeds are not acquired with cash proceeds;

(b)the proceeds are identifiable cash proceeds; or

(c)the security interest in the proceeds is perfected other than under Subsection

(3)when the security interest attaches to the proceeds or within 20 days thereafter.

(5)If a filed financing statement covers the original collateral, a security interest in proceeds which remains perfected under Subsection (4)(a) becomes unperfected at the later of:

(a)when the effectiveness of the filed financing statement lapses under Section 70A-9a-515 or is terminated under Section 70A-9a-513 ; or

(b)the 21st day after the security interest attaches to the proceeds.

Enacted by Chapter 252 , 2000 General Session