Ohio Revised Code Search
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Section 1309.309 | Security interest perfected upon attachment - UCC 9-309.
...The following security interests are perfected when they attach: (A) A purchase money security interest in consumer goods, except as otherwise provided in division (B) of section 1309.311 of the Revised Code with respect to consumer goods that are subject to a statute or treaty described in division (A) of section 1309.311 of the Revised Code; (B) An assignment of accounts or payment intangibles that does not by it... |
Section 1309.310 | When filing required to perfect security interest or agricultural lien - security interests and agricultural liens to which filing provisions do not apply - UCC 9-310.
...(A) Except as otherwise provided in division (B) of this section and division (B) of section 1309.312 of the Revised Code, a financing statement must be filed to perfect all security interests and agricultural liens. (B) The filing of a financing statement is not necessary to perfect a security interest: (1) That is perfected under division (D), (E), (F), or (G) of section 1309.308 of the Revised Code; (2) T... |
Section 1309.311 | Perfection of security interests in property subject to certain statutes, regulations, and treaties - UCC 9-311.
...(A) Except as otherwise provided in division (D) of this section, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to: (1) A statute, regulation, or treaty of the United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt division (A) of section 1309.31... |
Section 1309.312 | Perfection of security interests - UCC 9-312.
...(A) A security interest in chattel paper, negotiable documents, instruments, or investment property may be perfected by filing. (B) Except as otherwise provided in divisions (C) and (D) of section 1309.315 of the Revised Code for proceeds: (1) A security interest in a deposit account may be perfected only by control under section 1309.314 of the Revised Code; (2) And except as otherwise provided in division (... |
Section 1309.313 | When possession by or delivery to secured party perfects security interest without filing - UCC 9-313.
...(A) Except as otherwise provided in division (B) of this section, a secured party may perfect a security interest in tangible negotiable documents, goods, instruments, money, or tangible chattel paper by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under section 1308.27 of the Revised Code. (B)... |
Section 1309.314 | Perfection by control - UCC 9-314.
...(A) A security interest in investment property, deposit accounts, letter-of-credit rights, electronic chattel paper, or electronic documents may be perfected by control of the collateral under section 1307.106, 1309.104, 1309.105, 1309.106, or 1309.107 of the Revised Code. (B) A security interest in deposit accounts, electronic chattel paper, letter-of-credit rights, or electronic documents is perfected by co... |
Section 1309.315 | Secured party's rights on disposition of collateral and in proceeds - UCC 9-315.
...collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and (2) A security interest attaches to any identifiable proceeds of collateral. (B) Proceeds that are commingled with other property are identifiable proceeds: (1) If the proceeds are goods, to the extent provided by sect... |
Section 1309.316 | Continued perfection of security interest following change in governing law - UCC 9-316.
...(A) A security interest perfected pursuant to the law of the jurisdiction designated in division (A) of section 1309.301 or division (C) of section 1309.305 of the Revised Code remains perfected until the earliest of: (1) The time perfection would have ceased under the law of that jurisdiction; (2) The expiration of four months after a change of the debtor's location to another jurisdiction; or (3) The expir... |
Section 1309.317 | Interests that take priority over or take free of unperfected security interest or agricultural lien - UCC 9-317.
...lien and before it is perfected. (D) A licensee of a general intangible or a buyer, other than a secured party, of collateral other than tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected. (E) Except as otherwise provided in section... |
Section 1309.318 | No interest retained in right to payment that is sold - rights and title of seller of account or chattel paper with respect to creditors and purchasers - UCC 9-318.
...(A) A debtor that has sold an account, chattel paper, payment intangible, or promissory note does not retain a legal or equitable interest in the collateral sold. (B) For purposes of determining the rights of creditors of, and purchasers for value of an account or chattel paper from, a debtor that has sold an account or chattel paper while the buyer's security interest is unperfected, the debtor is deemed to have ri... |
Section 1309.319 | Rights and title of consignee with respect to creditors and purchasers - UCC 9-319.
...(A) Except as otherwise provided in division (B) of this section, for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title to the goods identical to those the consignor had or had power to transfer. (B) For purposes of determining the rights of a creditor of a c... |
Section 1309.320 | Buyer of goods - UCC 9-320.
...(A) Except as otherwise provided in division (E) of this section, a buyer in the ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer's seller even if the security interest is perfected and the buyer knows of its existence. (B) Except as otherwise provided in division (E) of this section, a buyer of g... |
Section 1309.321 | Licensee of general intangible and lessee of goods in ordinary course of business - UCC 9-321.
...(A) As used in this section, "licensee in the ordinary course of business" means a person that becomes a licensee of a general intangible in good faith, without knowledge that the license violates the rights of another person in the general intangible, and in the ordinary course of business from a person in the business of licensing general intangibles of that kind. A person becomes a licensee in the ordinary course ... |
Section 1309.322 | Priorities among conflicting security interests in and agricultural liens on same collateral - UCC 9-322.
...(A) Except as otherwise provided in this section, priority between conflicting security interests and agricultural liens in the same collateral shall be determined according to the following rules: (1) Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or... |
Section 1309.323 | Future advances - UCC 9-323.
...(A) Except as otherwise provided in division (C) of this section, for purposes of determining the priority of a perfected security interest under division (A)(1) of section 1309.322 of the Revised Code, perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that: (1) Is made while the security interest is perfected only: (a) Under secti... |
Section 1309.324 | Priority of purchase-money security interests - UCC 9-324.
...(A) Except as otherwise provided in division (G) of this section, 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 1309.327 of the Revised Code, a perfected security interest in its identifiable proceeds also has priority, if the purchase money security interest is p... |
Section 1309.325 | Priority of security interests in transferred collateral - UCC 9-325.
...(A) Except as otherwise provided in division (B) of this section, a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if: (1) The debtor acquired the collateral subject to the security interest created by the other person; (2) The security interest created by the other person was perfected when the debtor acquired the collateral; and (3) Th... |
Section 1309.326 | Priority of security interests created by new debtor - UCC 9-326.
...(A) Subject to division (B) of this section, a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ineffective to perfect the security interest but for the application of division (I)(1) of section 1309.316 of the Revised Code or section 1309.508 of the Revised Code is subordinate to a... |
Section 1309.327 | Priority of security interests in deposit account - UCC 9-327.
...The following rules govern priority among conflicting security interests in the same deposit account: (A) A security interest held by a secured party having control of the deposit account under section 1309.104 of the Revised Code has priority over a conflicting security interest held by a secured party that does not have control. (B) Except as otherwise provided in divisions (C) and (D) of this section, security i... |
Section 1309.328 | Priority of security interests in investment property - UCC 9-328.
...The following rules govern priority among conflicting security interests in the same investment property: (A) A security interest held by a secured party having control of investment property under section 1309.106 of the Revised Code has priority of a security interest held by a secured party that does not have control of the investment property. (B) Except as otherwise provided in divisions (C) and (D) of this se... |
Section 1309.329 | Priority of security interests in letter-of-credit right - UCC 9-329.
...The following govern priority among conflicting security interests in the same letter-of-credit right: (A) A security interest held by a secured party having control of the letter-of-credit right under section 1309.107 of the Revised Code has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control. (B) Security interests perfected by control unde... |
Section 1309.330 | Priority of purchases of chattel paper or instrument - UCC 9-330.
...(A) A purchaser of chattel paper has priority over a security interest in the chattel paper that is claimed merely as proceeds of inventory subject to a security interest if: (1) In good faith and in the ordinary course of the purchaser's business, the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under section 1309.105 of the Revised Code; and (2) The c... |
Section 1309.331 | Priority of rights of purchasers of instruments, documents, and securities under other chapters - priority of interests in financial assets and security entitlements under Chapter 1308 - UCC 9-331.
...(A) This chapter does not limit the rights of a holder in due course of a negotiable instrument, as defined in section 1303.32 of the Revised Code, or a holder to whom a negotiable document of title has been duly negotiated under section 1307.501 of the Revised Code, or a protected purchaser of a security under section 1308.17 of the Revised Code. These holders or purchasers take priority over an earlier securi... |
Section 1309.332 | Transfer of money - transfer of funds from deposit account - UCC 9-332.
...(A) A transferee of money takes the money free of a security interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party. (B) A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party. |
Section 1309.333 | Priority of certain liens arising by operation of law - UCC 9-333.
...(A) As used in this section, "possessory lien" means an interest, other than a security interest or an agricultural lien: (1) That secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person's business; (2) That is created by statute or rule of law in favor of the person; and (3) Whose effectiveness depends on the person... |