TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 9

SECURED TRANSACTIONS

PART 3.

PERFECTION AND PRIORITY

28-9-310.  When filing required to perfect security interest or agricultural lien — Security interests and agricultural liens to which filing provisions do not apply. (a) Except as otherwise provided in subsection (b) of this section and section 28-9-312(b), a financing statement must be filed to perfect all security interests and agricultural liens.

(b)  The filing of a financing statement is not necessary to perfect a security interest:

(1)  That is perfected under section 28-9-308(d), (e), (f) or (g);

(2)  That is perfected under section 28-9-309 when it attaches;

(3)  In property subject to a statute, regulation or treaty described in section 28-9-311(a);

(4)  In goods in possession of a bailee which is perfected under section 28-9-312(d)(1) or (2);

(5)  In certificated securities, documents, goods or instruments which is perfected without filing, control, or possession under section 28-9-312(e), (f) or (g);

(6)  In collateral in the secured party’s possession under section 28-9-313;

(7)  In a certificated security which is perfected by delivery of the security certificate to the secured party under section 28-9-313;

(8)  In deposit accounts, electronic chattel paper, electronic documents, investment property, or letter of credit rights which is perfected by control under section 28-9-314;

(9)  In proceeds which is perfected under section 28-9-315;

(10) That is perfected under section 28-9-316; or

(11) In timber sold by the state of Idaho.

(c)  If a secured party assigns a perfected security interest or agricultural lien, a filing under this chapter is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.

History:

[28-9-310, added 2001, ch. 208, sec. 2, p. 733; am. 2004, ch. 42, sec. 26, p. 129; am. 2010, ch. 154, sec. 1, p. 329.]