Section 9--316. Continued Perfection of Security Interest Following Change in Governing Law


Latest version.
  • (a) General rule: effect on perfection of change in governing  law.  A
      security  interest  perfected  pursuant  to  the law of the jurisdiction
      designated in Section 9--301(a) or 9--305(c) remains perfected until the
      earliest of:
             (1) the time perfection would have ceased under the law  of  that
                 jurisdiction;
             (2) the  expiration of four months after a change of the debtor's
                 location to another jurisdiction; or
             (3) the expiration of one year after a transfer of collateral  to
                 a  person  that  thereby  becomes  a debtor and is located in
                 another jurisdiction.
        (b) Security interest  perfected  or  unperfected  under  law  of  new
      jurisdiction. If a security interest described in subsection (a) becomes
      perfected  under  the  law of the other jurisdiction before the earliest
      time or  event  described  in  that  subsection,  it  remains  perfected
      thereafter. If the security interest does not become perfected under the
      law  of  the  other  jurisdiction  before the earliest time or event, it
      becomes unperfected and is  deemed  never  to  have  been  perfected  as
      against a purchaser of the collateral for value.
        (c) Possessory   security   interest   in   collateral  moved  to  new
      jurisdiction. A possessory security interest in collateral,  other  than
      goods  covered  by  a  certificate  of title and as-extracted collateral
      consisting of goods, remains continuously perfected if:
             (1) the collateral is located in one jurisdiction and subject  to
                 a   security   interest  perfected  under  the  law  of  that
                 jurisdiction;
             (2) thereafter   the   collateral   is   brought   into   another
                 jurisdiction; and
             (3) upon entry into the other jurisdiction, the security interest
                 is perfected under the law of the other jurisdiction.
        (d) Goods  covered  by certificate of title from this state. Except as
      otherwise provided in subsection  (e),  a  security  interest  in  goods
      covered by a certificate of title which is perfected by any method under
      the  law  of  another  jurisdiction  when  the goods become covered by a
      certificate of  title  from  this  state  remains  perfected  until  the
      security  interest  would  have  become unperfected under the law of the
      other jurisdiction had the goods not become so covered.
        (e) When subsection (d) security interest becomes unperfected  against
      purchasers.  A  security  interest  described  in subsection (d) becomes
      unperfected as against a purchaser of the goods for value and is  deemed
      never  to  have  been  perfected as against a purchaser of the goods for
      value if  the  applicable  requirements  for  perfection  under  Section   9--311(b) or 9--313 are not satisfied before the earlier of:
             (1) the  time the security interest would have become unperfected
                 under the law of the other jurisdiction  had  the  goods  not
                 become covered by a certificate of title from this state; or
             (2) the  expiration  of four months after the goods had become so
                 covered.
        (f) Change  in  jurisdiction  of  bank,  issuer,   nominated   person,
      securities  intermediary, or commodity intermediary. A security interest
      in deposit accounts, letter-of-credit  rights,  or  investment  property
      which  is  perfected  under  the  law  of  the  bank's jurisdiction, the
      issuer's jurisdiction, a nominated person's jurisdiction, the securities
      intermediary's   jurisdiction,   or   the    commodity    intermediary's
      jurisdiction, as applicable, remains perfected until the earlier of:
    
             (1) the  time the security interest would have become unperfected
                 under the law of that jurisdiction; or
             (2) the   expiration  of  four  months  after  a  change  of  the
                 applicable jurisdiction to another jurisdiction.
        (g) Subsection (f) security interest perfected  or  unperfected  under
      law  of new jurisdiction. If a security interest described in subsection
      (f) becomes perfected under the law of the other jurisdiction before the
      earlier of the  time  or  the  end  of  the  period  described  in  that
      subsection,  it  remains  perfected thereafter. If the security interest
      does not become perfected under the law of the other jurisdiction before
      the earlier of  that  time  or  the  end  of  that  period,  it  becomes
      unperfected  and  is  deemed  never  to have been perfected as against a
      purchaser of the collateral for value.