New York Uniform Commercial Code Law Section 9-310 - When Filing Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions Do Not Ap

Section 9--310. When  Filing  Required  to  Perfect Security Interest or

Agricultural Lien; Security Interests and Agricultural

Liens to Which Filing Provisions Do Not Apply.

(a) General rule: perfection by filing. Except as otherwise provided in subsection (b) and Section 9--312(b), a financing statement must be filed to perfect all security interests and agricultural liens.

(b) Exceptions: filing not necessary. Except as provided in subsection (d), the filing of a financing statement is not necessary to perfect a security interest:

(1) that is perfected under Section 9--308(d), (e), (f), or (g);

(2) that is perfected under Section 9--309 when it attaches;

(3) in property subject to a statute, regulation, or treaty

described in Section 9--311(a);

(4) in goods in possession of a bailee which is perfected under

Section 9--312(d)(1) or (2);

(5) in certificated securities, documents, goods, or instruments

which is perfected without filing, control, or possession

under Section 9--312(e), (f), or (g);

(6) in collateral in the secured party's possession under Section

9--313;

(7) in a certificated security which is perfected by delivery of

the security certificate to the secured party under Section

9--313;

(8) in deposit accounts, electronic chattel paper, electronic

documents, investment property, or letter-of-credit rights

which is perfected by control under Section 9--314;

(9) in proceeds which is perfected under Section 9--315;

(10) that is perfected under Section 9--316; or

(11) that is a cooperative organization security interest.

(c) Assignment of perfected security interest. If a secured party assigns a perfected security interest or agricultural lien, a filing under this article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.

(d) Special rule for cooperative interests. Except for a cooperative organization security interest, a security interest in a cooperative interest may be perfected only by filing a financing statement.


Last modified: February 3, 2019