Definitions Flashcards
Security Interest
Interest in personal property or fixtures which secures payment or performance of an obligation.
9-203
Attachment
SI attaches to collateral when it becomes enforceable against D unless expressly postponed
Value
D has rights in collateral
Authenticated SA with description of collateral
Possession
Security certificate delivered to sec party
Control (deposit accounts, electronic chattel paper, investment property, letter of credit rights, or electronic documents)
Perfection
Unless otherwise provided, SI perfected if it has attached and all applicable requirements for perfection are met
9-310 - 9-316
File Possession Control Automatic Certificate of Title
Continuous Perfection
Original SI perfected by one method then another without intermediate period when unperfected
9-309
Automatic perfection
PMSI
Filing does not perfect:
SI in deposit accounts, letter-of-credit rights, or money
9-315a Disposition of Collateral
SI continues in collateral notwithstanding sale, lease, license, exchange, etc. unless secured party authorized disposition free of SI
Perfection of SI in Proceeds
9-315c
SI in proceeds perfected if SI in original collateral was perfected
Continuation of Perfection of Proceeds
21st Day
1) a. filed FS covers original collateral
b. proceeds are collateral in which SI may be perfected by filing in same office as FS
c. proceeds are not acquired with cash proceeds
2) proceeds are identifiable cash proceeds
3) SI in proceeds perfected when SI attaches to proceeds or within 20 days thereafter
PMSI Priority (a)
Consumer goods or equipment
Priority over conflicting SI in same goods if PMSI perfected when D receives possession or within 20 days thereafter
PMSI Priority (b)
Inventory
Priority over SI in same inventory or chattel paper or instruments & proceeds if
1) PMSI perfected when D receives perfection
2) authenticated notification (sec party to conflicting SI)
3) conflicting SI receives notification within 5 years before D receives possession
4) notification states has/has expectation of acquiring PMSI in inv
Account
Right to payment of monetary obligation
Cash Proceed
Money
Cash
Deposit Account
Chattel Paper
Record of monetary obligation + SI
Collateral
Property subject to SI
Equipment
Goods other than inventory, farm products, consumer goods
Farm Products
Goods with respect to which D is engaged in farming operation:
Crops, products, livestock, supplies used or produced
Fixture
Goods that have become so related to particular real property that an interest arises under real property law
Fixture Filing
FS covering goods that are or are to become fixtures
9-502
General Intangible
Default- including payment intangibles and software
Good
Consumer goods
Inventory
Farm products
Equipment
Inventory
Goods, other than farm products, that are leased, sold, furnished under contract of service, or
Consist of raw materials, work in process, or materials used or consumed in business
Proceeds
1) Acquired on sale, lease, etc.
2) Collected on/distributed of collateral
3) Rights arising out of collateral
Instrument
Some piece of paper that shows a right to a monetary obligation