MEE SECURED TRANSACTIONS Flashcards
Consumer Goods
goods used or bought to use primarily for personal, family, or household purposes
Equipment
goods used or bought for use in a business
ALSO DEFAULT CATEGORY
inventory
(1) goods held for sale or lease
(2) goods that are to be furnished under a service K
OR
(3) materials used or consumed in a business in a short period of time
farm products
(1) crops or livestock or supplies used or produced in farming operations
OR
(2) products of crops or livestock
accounts
intangible collateral
includes a
(1) right to payment or
(2) property sold or
(3) services rendered
statement for all secured MEEs
“Article 9 of the UCC governs all transactions the create a security interest in personal property or a fixture by contract regardless of its form”
Attachment (definition and requirements)
attachment is the creation of a security interest
1. Rights in the collateral (debtor)
2. Security Agreement
- Authentication of the agreement
- Intent - record showing interest in creating a security interest
- Description of the collateral (not super generic must be reasonably identifiable)
3. Value given (by C to D and vice versa)
RSV attaches to your lung so you need AID (for security agreement) and RSV is a respiratory illness so reasonably identifiable
Perfection (definition and requirements)
perfection is between creditors and all third parties - let’s the world know a creditor has a security interest
5 ways to perfect:
1. Automatic perfection (PMSI in consumer goods)
2. Possession (need to for $)
3. Control
4. Notation on certificate of title
5. File a financing statement
apple pie is perfect in America - apple pie crust nut filling
Priorities (general rules)
Priority (special rules)