Secured Transactions Flashcards
Classify
TV for home
Consumer Good
Classify
Personal Cellphone
Consumer Good
Classify
Raw Materials
Inventory
Classify
Paper at paper store
Inventory
Classify
Paper in personal printer
Consumer Good
Classify
Cow’s Milk
Farm Product
Classify
Crops
Farm Product
Classify
Good that is not inventory, not consumer good, not farm product
Equipment
[Opening to Secured Transactions Essay]
Article 9 applies to all security interests in personal property or fixtures by contract.
Attachment Requirements
A security interest attaches when the ollowing are present:
1. Debtor has rightsin the collatoral
2. Value is given by the secured party
3. There is a binding security agreement
A security agreement is binding if there is a valid authentication, intent, and description of the collateral.
* Authentication - signed writing or possession
* Intent - to create a security agreement
* Description - accurate; may use AR9 Classification Name but cannot be general using “all assets” or similar
Perfection
Perfection puts others on notice of the security interest.
- File a financing statement [debtor’s name, description of collateral (may be broad/generic), and the secured party’s name)
- Automatic perfection upon attachment for PMSI in Consumer Good
- Possession for goods and money
- Control of deposit account or investment property
PMSI
PMSI creditors are given super priority over other interests because they enable a debtor to obtain the property.
- Consumer goods - automatic perfection upon attachment