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Section: 400.009.0303 Law governing perfection and priority of security interests in goods covered by certificate of title. RSMO 400.09-303


Published: 2015

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Missouri Revised Statutes













Chapter 400

Uniform Commercial Code

←400.09-302

Section 400.9-303.1

400.09-304→

August 28, 2015

Law governing perfection and priority of security interests in goods covered by certificate of title.

400.9-303. (a) This section applies to goods covered by a certificate

of title, even if there is no other relationship between the jurisdiction

under whose certificate of title the goods are covered and the goods or the

debtor.



(b) Goods become covered by a certificate of title when a valid

application for the certificate of title and the applicable fee are delivered

to the appropriate authority. Goods cease to be covered by a certificate of

title at the earlier of the time the certificate of title ceases to be

effective under the law of the issuing jurisdiction or the time the goods

become covered subsequently by a certificate of title issued by another

jurisdiction.



(c) The local law of the jurisdiction under whose certificate of title

the goods are covered governs perfection, the effect of perfection or

nonperfection, and the priority of a security interest in goods covered by a

certificate of title from the time the goods become covered by the certificate

of title until the goods cease to be covered by the certificate of title.



(d) When a notice of lien is filed in accordance with chapter 301 or

306, then the lien is perfected and this chapter shall not govern perfection

or nonperfection or the priority of the lien even though a valid application

for a certificate of title and the applicable fee was not delivered to the

appropriate authority or the certificate of title was not issued by such

authority.



(e) Except as otherwise provided in this subsection and in section

400.9-334(e)(4), article 9 of this chapter does not apply to the perfection or

nonperfection, the priority, or the termination of a security interest in a

manufactured home perfected in accordance with sections 700.350 to 700.390*,

and the perfection or nonperfection, the priority and the termination of any

such security interest are governed exclusively by those sections. The

perfection or nonperfection, the priority, and the termination of a security

interest in manufactured homes perfected by filing under article 9 of this

chapter, after June 30, 2001, and before August 28, 2002, are and shall remain

governed by article 9 of this chapter, provided such security interest is not

perfected in accordance with sections 700.350 to 700.390*, and provided

further that a security interest in a manufactured home perfected under

sections 700.350 to 700.390* has priority over security interests in the same

manufactured home perfected by filing under article 9 of this chapter during

the time period after June 30, 2001, and before August 28, 2002.



(f) Article 9 of this chapter does not apply to a security interest in a

manufactured home which is real estate as defined in subsection 7 of section

442.015. Article 9 of this chapter does apply to a security interest in a

manufactured home which has been permanently affixed to real estate in

accordance with subsection 1 of section 442.015, and which thereafter was

detached or severed from such real estate, provided that:



(1) Article 9 of this chapter applies to such security interest only on

and after all requirements of subsection 4 of section 700.111 have been

satisfied with respect to such manufactured home; and



(2) On and after the satisfaction of such requirements, the perfection

or nonperfection, the priority, and the termination of such security interest

are governed exclusively by sections 700.350 to 700.390*.



(L. 1963 p. 503 § 9-303, A.L. 1997 S.B. 6, A.L. 2001 S.B. 288, A.L.

2002 S.B. 895, A.L. 2010 S.B. 630)



Effective 3-01-11



*Section 700.390 was repealed by H.B. 2008, 2002.





2002

2001

1997



2002



400.9-303. (1) A security interest is perfected when it has

attached and when all of the applicable steps required for

perfection have been taken. Such steps are specified in sections

400.9-302, 400.9-304, 400.9-305 and 400.9-306. If such steps are

taken before the security interest attaches, it is perfected at

the time when it attaches.



(2) If a security interest is originally perfected in any

way permitted under this article and is subsequently perfected in

some other way under this article, without an intermediate period

when it was unperfected, the security interest shall be deemed to

be perfected continuously for the purposes of this article.



2001



400.9-303. (a) This section applies to goods covered by a

certificate of title, even if there is no other relationship between the

jurisdiction under whose certificate of title the goods are covered and the

goods or the debtor.



(b) Goods become covered by a certificate of title when a valid

application for the certificate of title and the applicable fee are

delivered to the appropriate authority. Goods cease to be covered by a

certificate of title at the earlier of the time the certificate of title

ceases to be effective under the law of the issuing jurisdiction or the

time the goods become covered subsequently by a certificate of title issued

by another jurisdiction.



(c) The local law of the jurisdiction under whose certificate of

title the goods are covered governs perfection, the effect of perfection or

nonperfection, and the priority of a security interest in goods covered by

a certificate of title from the time the goods become covered by the

certificate of title until the goods cease to be covered by the certificate

of title.



(d) When a notice of lien is filed in accordance with chapter 301 or

306, RSMo, then the lien is perfected and this chapter shall not govern

perfection or nonperfection or the priority of the lien even though a valid

application for a certificate of title and the applicable fee was not

delivered to the appropriate authority or the certificate of title was not

issued by such authority.



1997



400.009.303. (1) A security interest is perfected when it has

attached and when all of the applicable steps required for perfection have

been taken. Such steps are specified in sections 400.9-115, 400.9-302,

400.9-304, 400.9-305 and 400.9-306. If such steps are taken before the

security interest attaches, it is perfected at the time when it attaches.



(2) If a security interest is originally perfected in any way

permitted under this article and is subsequently perfected in some other

way under this article, without an intermediate period when it was

unperfected, the security interest shall be deemed to be perfected

continuously for the purposes of this article.



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