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Perfection of Security Interest in the California Codes

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    • #3827

      Commercial Code – COM
      DIVISION 9. SECURED TRANSACTIONS [9101 – 9907] ( Division 9 repealed and added by Stats. 1999, Ch. 991, Sec. 35. )
      CHAPTER 3. Perfection and Priority [9301 – 9342] ( Chapter 3 added by Stats. 1999, Ch. 991, Sec. 35. )

      9308.

      (d) Perfection of a security interest in collateral also perfects a security interest in a supporting obligation for the collateral.

      (e) Perfection of a security interest in a right to payment or performance also perfects a security interest in a security interest, mortgage, or other lien on personal or real property securing the right.

      (f) Perfection of a security interest in a securities account also perfects a security interest in the security entitlements carried in the securities account.

      (g) Perfection of a security interest in a commodity account also perfects a security interest in the commodity contracts carried in the commodity account.

      https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=9308.&nodeTreePath=10.3&lawCode=COM

    • #3828

      Commercial Code – COM
      DIVISION 9. SECURED TRANSACTIONS [9101 – 9907] ( Division 9 repealed and added by Stats. 1999, Ch. 991, Sec. 35. )
      CHAPTER 3. Perfection and Priority [9301 – 9342] ( Chapter 3 added by Stats. 1999, Ch. 991, Sec. 35. )
      9312.

      (g) A perfected security interest in a certificated security or instrument remains perfected for 20 days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of either of the following:

      (1) Ultimate sale or exchange.

      (2) Presentation, collection, enforcement, renewal, or registration of transfer.

      https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=9312.&nodeTreePath=10.3&lawCode=COM

    • #3830

      I’m not as sure about the relevance of this one.

      Commercial Code – COM
      DIVISION 9. SECURED TRANSACTIONS [9101 – 9907] ( Division 9 repealed and added by Stats. 1999, Ch. 991, Sec. 35. )
      CHAPTER 3. Perfection and Priority [9301 – 9342] ( Chapter 3 added by Stats. 1999, Ch. 991, Sec. 35. )

      9309.

      The following security interests are perfected when they attach:

      (13) A security interest created by an assignment of a beneficial interest in a decedent’s estate.

      https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=9309.&lawCode=COM

    • #3831

      Commercial Code – COM
      DIVISION 9. SECURED TRANSACTIONS [9101 – 9907] ( Division 9 repealed and added by Stats. 1999, Ch. 991, Sec. 35. )
      CHAPTER 3. Perfection and Priority [9301 – 9342] ( Chapter 3 added by Stats. 1999, Ch. 991, Sec. 35. )

      9311.

      (a) Except as otherwise provided in subdivision (d), the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to any of the following:

      (3) A statute of another jurisdiction which provides for a security interest to be indicated on a certificate of title as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the property.

      (b) Compliance with the requirements of a statute, regulation, or treaty described in subdivision (a) for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this division. Except as otherwise provided in subdivision (d), in Section 9313, and in subdivisions (d) and (e) of Section 9316 for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subdivision (a) may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.

      https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=9311.&lawCode=COM

    • #3832

      I am not sure this one applies either.

      Commercial Code – COM
      DIVISION 9. SECURED TRANSACTIONS [9101 – 9907] ( Division 9 repealed and added by Stats. 1999, Ch. 991, Sec. 35. )
      CHAPTER 3. Perfection and Priority [9301 – 9342] ( Chapter 3 added by Stats. 1999, Ch. 991, Sec. 35. )

      9312.

      (b) Except as otherwise provided in subdivisions (c) and (d) of Section 9315 for proceeds, all of the following apply:
      (4) A security interest in, or claim in or under, any policy of insurance, including unearned premiums, may be perfected only by giving written notice of the security interest or claim to the insurer. This paragraph does not apply to a health care insurance receivable. A security interest in a health care insurance receivable may be perfected only as otherwise provided in this division.

      https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=9312.&lawCode=COM

    • #3833

      Commercial Code – COM
      DIVISION 9. SECURED TRANSACTIONS [9101 – 9907] ( Division 9 repealed and added by Stats. 1999, Ch. 991, Sec. 35. )

      CHAPTER 3. Perfection and Priority [9301 – 9342] ( Chapter 3 added by Stats. 1999, Ch. 991, Sec. 35. )

      9310.

      (a) Except as otherwise provided in subdivision (b) and in subdivision (b) of Section 9312, 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 that satisfies any of the following conditions:

      (1) It is perfected under subdivision (d), (e), (f), or (g) of Section 9308.

      (3) It is a security interest in property subject to a statute, regulation, or treaty described in subdivision (a) of Section 9311.

      (4) It is a security interest in goods in possession of a bailee which is perfected under paragraph (1) or (2) of subdivision (d) of Section 9312.

      (5) It is a security interest in certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under subdivision (e), (f), or (g) of Section 9312.

      (6) It is a security interest in collateral in the secured party’s possession under Section 9313.

      (7) It is a security interest in a certificated security which is perfected by delivery of the security certificate to the secured party under Section 9313.

      https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM&sectionNum=9310.&highlight=true&keyword=Perfected

    • #3886

      To anyone who gets this far. I am very new to this work of Divergent5, but do have a strong foundation in Law, Equity, and Administrative Procedure. As I watch more of the videos, I am realizing that this process is a fully commercial process, but one that uses Equity Eyes, and expects to get it “remedy” through relief in Equity.

      The posts above were about CA Codes to Perfect a Security Interest, but focused on not making a commercial filing to perfect the interest. It seems that this process is not against making a filing at all, so there are many other ways not displayed above that relate to perfecting your Security Interest.

      Too, clearly this is for California, but all States will have something similar, as they mostly just copy the UCC, but index it differently. So, for another jurisdiction, you need only find where the same subject is dealt with in their Commercial Codes.

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