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Section: 400.009.0326 Priority of security interests created by new debtor. RSMO 400.09-326


Published: 2015

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Missouri Revised Statutes













Chapter 400

Uniform Commercial Code

←400.09-325

Section 400.9-326.1

400.09-327→

August 28, 2015

Priority of security interests created by new debtor.

400.9-326. (a) Subject to subsection (b), 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 section 400.9-316(i)(1) or 400.9-508 is subordinate to a

security interest in the same collateral which is perfected other than by

such a filed financing statement.



(b) The other provisions of this part determine the priority among

conflicting security interests in the same collateral perfected by filed

financing statements described in subsection (a). However, if the security

agreements to which a new debtor became bound as debtor were not entered

into by the same original debtor, the conflicting security interests rank

according to priority in time of the new debtor's having become bound.



(L. 2001 S.B. 288, A.L. 2013 H.B. 212, A.L. 2014 H.B. 1376)





2013

2001



2013



400.9-326. (a) Subject to subsection (b), 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 effective* to perfect the security interest but for the

application of section 400.9-508 is subordinate to a security interest in

the same collateral which is perfected other than by such a filed financing

statement.



(b) The other provisions of this part determine the priority among

conflicting security interests in the same collateral perfected by filed

financing statements described in subsection (a). However, if the security

agreements to which a new debtor became bound as debtor were not entered

into by the same original debtor, the conflicting security interests rank

according to priority in time of the new debtor's having become bound.



2001



400.9-326. (a) Subject to subsection (b), a security interest created

by a new debtor which is perfected by a filed financing statement that is

effective solely under section 400.9-508 in collateral in which a new debtor

has or acquires rights is subordinate to a security interest in the same

collateral which is perfected other than by a filed financing statement that

is effective solely under section 400.9-508.



(b) The other provisions of this part determine the priority among

conflicting security interests in the same collateral perfected by filed

financing statements that are effective solely under section 400.9-508.

However, if the security agreements to which a new debtor became bound as

debtor were not entered into by the same original debtor, the conflicting

security interests rank according to priority in time of the new debtor's

having become bound.



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