TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 9

SECURED TRANSACTIONS

PART 7.

TRANSITION

28-9-703.  Security interest perfected before effective date. (a) A security interest that is enforceable immediately before this act takes effect and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this act if, when this act takes effect, the applicable requirements for enforceability and perfection under this act are satisfied without further action.

(b)  Except as otherwise provided in section 28-9-705, if, immediately before this act takes effect, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this act are not satisfied when this act takes effect, the security interest:

(1)  Is a perfected security interest for one (1) year after this act takes effect;

(2)  Remains enforceable thereafter only if the security interest becomes enforceable under section 28-9-203 before the year expires; and

(3)  Remains perfected thereafter only if the applicable requirements for perfection under this act are satisfied before the year expires.

History:

[28-9-703, added 2001, ch. 208, sec. 2, p. 797.]