Article 9 — Secured Transactions · Section 9-334

UCC § 9-334

Quick Answer

What does UCC § 9-334 cover?

A guide to UCC § 9-334, focusing on the treatment of security interests in after-acquired property.

Source: U.C.C. § 9-334

Official Text
A security interest in after-acquired property is a security interest in property that the debtor obtains after the security agreement is executed. The security interest attaches to the after-acquired property automatically when the debtor acquires rights in the property, subject to the limitations outlined in this section.
Plain Language

UCC § 9-334 allows a lender to take a security interest in property that a debtor will acquire in the future. This means that the lender has a claim on the property as soon as the debtor owns it, provided certain conditions are met.

Key Definitions

After-Acquired Property

Property that a debtor acquires after the date of the security agreement.

Security Interest

A legal claim on collateral that secures the payment or performance of an obligation.

Practical Examples

Example 1

1. A business borrows money and pledges its inventory as collateral. Under UCC § 9-334, any additional inventory it buys in the future is automatically subject to the lender's security interest.

Example 2

2. An individual takes out a loan to purchase a car and agrees that the lender will have a security interest in the car as well as any vehicle they buy in the next five years.

Common Exam Issues
  • 1. Distinguishing between types of collateral and understanding the scope of after-acquired property.
  • 2. Analyzing whether a security interest is automatically attached to after-acquired property under the relevant conditions.
  • 3. Evaluating the enforceability of a security interest in different jurisdictions and the impact of state variations.
Related Sections
  • ucc-9-315
  • ucc-9-320

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