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Section: 400.009.0311 Perfection of security interests in property subject to certain statutes, regulations, and treaties. RSMO 400.09-311


Published: 2015

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Missouri Revised Statutes













Chapter 400

Uniform Commercial Code

←400.09-310

Section 400.9-311.1

400.09-312→

August 28, 2015

Perfection of security interests in property subject to certain statutes, regulations, and treaties.

400.9-311. (a) Except as otherwise provided in subsection (d), the

filing of a financing statement is not necessary or effective to perfect a

security interest in property subject to:



(1) A statute, regulation, or treaty of the United States whose

requirements for a security interest's obtaining priority over the rights

of a lien creditor with respect to the property preempt section

400.9-310(a);



(2) Sections 301.600 to 301.661*, section 700.350, and section

400.2A-304; or



(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 subsection (a) for obtaining priority over the rights

of a lien creditor is equivalent to the filing of a financing statement

under this article. Except as otherwise provided in subsection (d) and

sections 400.9-313 and 400.9-316(d) and (e) for goods covered by a

certificate of title, a security interest in property subject to a statute,

regulation, or treaty described in subsection (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.



(c) Except as otherwise provided in subsection (d) and section

400.9-316(d) and (e), duration and renewal of perfection of a security

interest perfected by compliance with the requirements prescribed by a

statute, regulation, or treaty described in subsection (a) are governed by

the statute, regulation, or treaty. In other respects, the security

interest is subject to this article.



(d) During any period in which collateral is inventory held for sale

or lease by a person or leased by that person as lessor and that person is

in the business of selling goods of that kind, this section does not apply

to a security interest in that collateral created by that person.



(L. 1963 p. 503 § 9-311, A.L. 2001 S.B. 288, A.L. 2010 S.B. 630, A.L.

2012 H.B. 1400 merged with S.B. 485 merged with S.B. 628 merged

with S.B. 636, A.L. 2014 H.B. 1376)



*Section 301.661 was repealed by H.B. 2008, 2002.





2012

2011

2001

1991



2012



400.9-311. (a) Except as otherwise provided in subsection (d), the

filing of a financing statement is not necessary or effective to perfect a

security interest in property subject to:



(1) A statute, regulation, or treaty of the United States whose

requirements for a security interest's obtaining priority over the rights

of a lien creditor with respect to the property preempt section

400.9-310(a);



(2) Sections 301.600 to 301.661*, section 700.350, and section

400.2A-304; or



(3) A certificate-of-title statute of another jurisdiction which

provides for a security interest to be indicated on the certificate 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 subsection (a) for obtaining priority over the rights

of a lien creditor is equivalent to the filing of a financing statement

under this article. Except as otherwise provided in subsection (d) and

sections 400.9-313 and 400.9-316(d) and (e) for goods covered by a

certificate of title, a security interest in property subject to a statute,

regulation, or treaty described in subsection (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.



(c) Except as otherwise provided in subsection (d) and section

400.9-316(d) and (e), duration and renewal of perfection of a security

interest perfected by compliance with the requirements prescribed by a

statute, regulation, or treaty described in subsection (a) are governed by

the statute, regulation, or treaty. In other respects, the security

interest is subject to this article.



(d) During any period in which collateral is inventory held for sale

or lease by a person or leased by that person as lessor and that person is

in the business of selling goods of that kind, this section does not apply

to a security interest in that collateral created by that person.



2011



400.9-311. (a) Except as otherwise provided in subsection (d), the

filing of a financing statement is not necessary or effective to perfect a

security interest in property subject to:



(1) A statute, regulation, or treaty of the United States whose

requirements for a security interest's obtaining priority over the rights of a

lien creditor with respect to the property preempt section 400.9-310(a);



(2) Sections 301.600 to 301.661*, section 700.350, and section

400.2A-304; or



(3) A certificate-of-title statute of another jurisdiction which

provides for a security interest to be indicated on the certificate 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 subsection (a) for obtaining priority over the rights of a lien

creditor is equivalent to the filing of a financing statement under this

article. Except as otherwise provided in subsection (d) and sections

400.9-313 and 400.9-316(d) and (e) for goods covered by a certificate of

title, a security interest in property subject to a statute, regulation, or

treaty described in subsection (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.



(c) Except as otherwise provided in subsection (d) and section

400.9-316(d) and (e), duration and renewal of perfection of a security

interest perfected by compliance with the requirements prescribed by a

statute, regulation, or treaty described in subsection (a) are governed by the

statute, regulation, or treaty. In other respects, the security interest is

subject to this article.



(d) During any period in which collateral is inventory held for sale or

lease by a person or leased by that person as lessor and that person is in the

business of selling or leasing goods of that kind, this section does not apply

to a security interest in that collateral created by that person as debtor.



2001



400.9-311. The debtor's rights in collateral may be

voluntarily or involuntarily transferred (by way of sale,

creation of a security interest, attachment, levy, garnishment or

other judicial process) notwithstanding a provision in the

security agreement prohibiting any transfer or making the

transfer constitute a default.



1991



400.9-311. The debtor's rights in collateral may be

voluntarily or involuntarily transferred (by way of sale,

creation of a security interest, attachment, levy, garnishment or

other judicial process) notwithstanding a provision in the

security agreement prohibiting any transfer or making the

transfer constitute a default.



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