§ 9312. — 9312. (Amended by Stats. 2023, Ch. 210, Sec. 42.)

California § 9312.

• Jurisdiction: California
• Code COM: Commercial Code - COM
• Div. 9.: DIVISION 9. SECURED TRANSACTIONS
• Ch. 3.: CHAPTER 3. Perfection and Priority

Text

(a)
A security interest in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, instruments, investment property, or negotiable documents may be perfected by filing.
(b)
Except as otherwise provided in subdivisions (c) and (d) of Section 9315 for proceeds, all of the following apply:
(1)
A security interest in a deposit account may be perfected only by control under Section 9314.
(2)
Except as otherwise provided in subdivision (d) of Section 9308, a security interest in a
letter-of-credit right may be perfected only by control under Section 9314.
(3)
A security interest in tangible money may be perfected only by the secured party’s taking possession under Section 9313.
(4)
A security interest in, or claim in or under, any policy of insurance, including unearned premiums, may be perfected only by giving written notice of the security interest or claim to the insurer. This paragraph does not apply to a health care insurance receivable. A security interest in a health care insurance receivable may be perfected only as otherwise provided in this division.
(5)
A security interest in electronic money may be perfected only by control under Section 9314.
(c)
While goods are in the possession of a bailee that has issued a negotiable document covering the goods, both of the following apply:
(1)
A security interest in the goods may be perfected by perfecting a security interest in the document.
(2)
A security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time.
(d)
While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by any of the following methods:
(1)
Issuance of a document in the name of the secured party.
(2)
The bailee’s receipt of notification of the secured party’s interest.
(3)
Filing as to the goods.
(e)
A security interest in certificated securities, negotiable documents, or instruments is perfected without filing or the taking of possession or control for a period of 20 days from the time it attaches to the extent that it arises for new value given under a signed security agreement.
(f)
A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for 20 days without filing if the secured party makes available to the debtor the goods or
documents representing the goods for the purpose of either of the following:
(1)
Ultimate sale or exchange.
(2)
Loading, unloading, storing, shipping, transshipping,
manufacturing, processing, or otherwise dealing with them in a manner preliminary to their sale or exchange.
(g)
A perfected security interest in a certificated security or instrument remains perfected for 20 days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of either of the following:
(1)
Ultimate sale or exchange.
(2)
Presentation, collection, enforcement, renewal, or registration of transfer.
(h)
After the 20-day period specified in subdivision (e), (f), or (g) expires, perfection depends upon compliance with this division.

Legislative History

Amended by Stats. 2023, Ch. 210, Sec. 42. (SB 95) Effective January 1, 2024.