Generally Flashcards
Security Interest
Interest in personal property or fixtures that secures payment or performance of an obligation
Does the substance of transaction or the form control an agreement for a Security Interest?
Substance of the transaction
Secured Party
Person in whose favor the Security Interest is created under the security agreement
Obligor
Person who must pay the obligation secured with the SI
Debtor
Person who has interest (other than the SI) in the collateral
Collateral
Property subject to the SI
What are the 2 types of Tangible collateral?
Goods and Software inbedded in goods
What are the 4 classes of goods recognized as tangible collateral?
- Consumer goods - goods acquired for personal, family, or household purposes;
- Farm products - crop or livestock or supplies used/produced in farming;
- Inventory - goods, other than farm products, held for sale or lease… essentially goods consumed in a business (e.g., fuel); and
- Equipment - catchall goods that are not consumer, farmer, or inventory
What article governs the transaction that creates and SI?
UCC Article 9