Montana § 30-9A-323 Future Advances

Montana Statutes

§ 30-9A-323 — Future Advances

Montana § 30-9A-323

Title 30TRADE AND COMMERCE

Ch. 9AUNIFORM COMMERCIAL CODE SECURED TRANSACTIONS

Part 3Perfection and Priority

This text of Montana § 30-9A-323 (Future Advances) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 30-9A-323 (2026).

Text

30-9A-323 . Future advances.

(1)Except as otherwise provided in subsection (3), for purposes of determining the priority of a perfected security interest under 30-9A-322 (1)(a), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:

(a)is made while the security interest is perfected only:

(i)under 30-9A-309 when it attaches; or

(ii)temporarily under 30-9A-312 (5), (6), or (7); and

(b)is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under 30-9A-309 or 30-9A-312 (5), (6), or (7).

(2)Except as otherwise provided in subsection (3), a security interest is subordinate to the rights of a person that becomes a lien creditor to the e

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30-9A-323 . Future advances. (1) Except as otherwise provided in subsection (3), for purposes of determining the priority of a perfected security interest under 30-9A-322 (1)(a), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:
(a) is made while the security interest is perfected only:
(i) under 30-9A-309 when it attaches; or
(ii) temporarily under 30-9A-312 (5), (6), or (7); and
(b) is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under 30-9A-309 or 30-9A-312 (5), (6), or (7).
(2) Except as otherwise provided in subsection (3), a security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than 45 days after the person becomes a lien creditor unless the advance is made:
(a) without knowledge of the lien; or
(b) pursuant to a commitment entered into without knowledge of the lien.
(3) Subsections (1) and (2) do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.
(4) Except as otherwise provided in subsection (5), a buyer of goods takes free of a security interest to the extent that it secures advances made after the earlier of:
(a) the time the secured party acquires knowledge of the buyer's purchase; or
(b) 45 days after the purchase.
(5) Subsection (4) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer's purchase and before the expiration of the 45-day period.
(6) Except as otherwise provided in subsection (7), a lessee of goods takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of:
(a) the time the secured party acquires knowledge of the lease; or
(b) 45 days after the lease contract becomes enforceable.
(7) Subsection (6) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.

Legislative History

En. Sec. 42, Ch. 305, L. 1999; amd. Sec. 9, Ch. 179, L. 2001; Sec. 30-9-343, MCA 1999; redes. 30-9A-323 by Code Commissioner, 2001; amd. Sec. 68, Ch. 200, L. 2025.