Article 9 — Secured Transactions · Section 9-310

UCC § 9-310

Quick Answer

What does UCC § 9-310 cover?

This section outlines the requirements and scope for filing a financing statement to perfect a security interest under UCC Article 9.

Source: U.C.C. § 9-310

Official Text
A financing statement must be filed to perfect a security interest, except as provided in subsection (b), which lists exceptions to filing requirements.
Plain Language

UCC § 9-310 states that a secured party typically must file a financing statement to perfect their security interest in collateral. However, there are certain exceptions where perfection can be achieved without filing.

Key Definitions

Financing Statement

A document filed to give public notice of a security interest in personal property.

Perfection

The legal process that a secured party undergoes to protect its rights in collateral against third parties.

Practical Examples

Example 1

A bank files a financing statement to perfect its interest in a borrower's machinery as collateral for a loan.

Example 2

A seller retains a security interest in goods sold until the buyer pays in full, but may not need to file if the goods are in the buyer's possession and not subject to other liens.

Common Exam Issues
  • Understanding when a filing is necessary versus when it is not.
  • Identifying the exceptions to the filing requirement under UCC § 9-310(b).
  • Analyzing the implications of failing to file a financing statement.
Related Sections
  • ucc-9-301
  • ucc-9-308

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