TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 9

SECURED TRANSACTIONS

PART 3.

PERFECTION AND PRIORITY

28-9-309.  Security interest perfected upon attachment. The following security interests are perfected when they attach:

(1)  A purchase-money security interest in consumer goods, except as otherwise provided in section 28-9-311(b) with respect to consumer goods that are subject to a statute or treaty described in section 28-9-311(a);

(2)  An assignment of accounts or payment intangibles which does not by itself or in conjunction with other assignments to the same assignee transfer a significant part of the assignor’s outstanding accounts or payment intangibles;

(3)  A sale of a payment intangible;

(4)  A sale of a promissory note;

(5)  A security interest created by the assignment of a health care insurance receivable to the provider of the health care goods or services;

(6)  A security interest arising under section 28-2-401, 28-2-505, 28-2-711(3) or 28-12-508(5), until the debtor obtains possession of the collateral;

(7)  A security interest of a collecting bank arising under section 28-4-210;

(8)  A security interest of an issuer or nominated person arising under section 28-5-120;

(9)  A security interest arising in the delivery of a financial asset under section 28-9-206(c);

(10) A security interest in investment property created by a broker or securities intermediary;

(11) A security interest in a commodity contract or a commodity account created by a commodity intermediary;

(12) An assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder;

(13) A security interest created by an assignment of a beneficial interest in a decedent’s estate; and

(14) A sale by an individual of an account that is a right to payment of winnings in a lottery or other game of chance.

History:

[28-9-309, added 2001, ch. 208, sec. 2, p. 732; am. 2002, ch. 107, sec. 3, p. 301.]