Section 9--324. Priority of Purchase-money Security Interests  


Latest version.
  • (a) General   rule:   purchase-money  priority.  Except  as  otherwise
      provided in subsection (g), a perfected purchase-money security interest
      in  goods  other  than  inventory  or  livestock  has  priority  over  a
      conflicting  security  interest  in  the  same  goods,  and,  except  as
      otherwise provided in Section 9--327, a perfected security  interest  in
      its  identifiable  proceeds  also  has  priority,  if the purchase-money
      security interest is perfected when the debtor  receives  possession  of
      the collateral or within 20 days thereafter.
        (b) Inventory  purchase-money  priority. Subject to subsection (c) and
      except  as  otherwise  provided   in   subsection   (g),   a   perfected
      purchase-money  security  interest  in  inventory  has  priority  over a
      conflicting security interest in the same inventory, has priority over a
      conflicting  security  interest  in  chattel  paper  or  an   instrument
      constituting  proceeds  of  the inventory and in proceeds of the chattel
      paper, if so provided  in  Section  9--330,  and,  except  as  otherwise
      provided  in  Section  9--327,  also  has  priority in identifiable cash
      proceeds of the inventory to the extent the identifiable  cash  proceeds
      are received on or before the delivery of the inventory to a buyer, if:
             (1) the  purchase-money  security  interest is perfected when the
                 debtor receives possession of the inventory;
             (2) the  purchase-money  secured  party  sends  an  authenticated
                 notification  to  the  holder  of  the  conflicting  security
                 interest;
             (3) the holder of the conflicting security interest receives  the
                 notification  within  five  years  before the debtor receives
                 possession of the inventory; and
             (4) the  notification  states  that  the   person   sending   the
                 notification  has  or  expects  to  acquire  a purchase-money
                 security interest in inventory of the  debtor  and  describes
                 the inventory.
        (c) Holders   of   conflicting  inventory  security  interests  to  be
      notified.  Subsections (b)(2) through (4) apply only if  the  holder  of
      the  conflicting  security  interest  had  filed  a  financing statement
      covering the same types of inventory:
             (1) if the  purchase-money  security  interest  is  perfected  by
                 filing, before the date of the filing; or
             (2) if   the  purchase-money  security  interest  is  temporarily
                 perfected  without  filing  or   possession   under   Section              9--312(f),   before   the  beginning  of  the  20-day  period
                 thereunder.
        (d) Livestock purchase-money priority. Subject to subsection  (e)  and
      except   as   otherwise   provided   in   subsection  (g),  a  perfected
      purchase-money security interest in livestock that are farm products has
      priority over a conflicting security interest  in  the  same  livestock,
      and,  except  as  otherwise  provided  in  Section  9--327,  a perfected
      security  interest  in  their  identifiable  proceeds  and  identifiable
      products in their unmanufactured states also has priority, if:
             (1) the  purchase-money  security  interest is perfected when the
                 debtor receives possession of the livestock;
             (2) the  purchase-money  secured  party  sends  an  authenticated
                 notification  to  the  holder  of  the  conflicting  security
                 interest;
             (3) the holder of the conflicting security interest receives  the
                 notification  within  six  months  before the debtor receives
                 possession of the livestock; and
             (4) the  notification  states  that  the   person   sending   the
                 notification  has  or  expects  to  acquire  a purchase-money
    
                 security interest in livestock of the  debtor  and  describes
                 the livestock.
        (e) Holders   of   conflicting  livestock  security  interests  to  be
      notified.  Subsections (d)(2) through (4) apply only if  the  holder  of
      the  conflicting  security  interest  had  filed  a  financing statement
      covering the same types of livestock:
             (1) if the  purchase-money  security  interest  is  perfected  by
                 filing, before the date of the filing; or
             (2) if   the  purchase-money  security  interest  is  temporarily
                 perfected  without  filing  or   possession   under   Section              9--312(f),   before   the  beginning  of  the  20-day  period
                 thereunder.
        (f) Software purchase-money priority. Except as otherwise provided  in
      subsection (g), a perfected purchase-money security interest in software
      has   priority   over  a  conflicting  security  interest  in  the  same
      collateral, and, except as  otherwise  provided  in  Section  9--327,  a
      perfected  security  interest  in  its  identifiable  proceeds  also has
      priority, to the extent that the purchase-money security interest in the
      goods in which the software was acquired for use  has  priority  in  the
      goods and proceeds of the goods under this section.
        (g) Conflicting  purchase-money  security  interests. If more than one
      security interest qualifies for priority in the  same  collateral  under
      subsection (a), (b), (d), or (f):
             (1) a security interest securing an obligation incurred as all or
                 part  of  the  price  of  the  collateral has priority over a
                 security interest securing an obligation incurred  for  value
                 given to enable the debtor to acquire rights in or the use of
                 collateral; and
             (2) in   all  other  cases,  Section  9--322(a)  applies  to  the
                 qualifying security interests.