Montana Statutes

§ 30-9A-325 — Priority Of Security Interests In Transferred Collateral

Montana·Title 30 TRADE AND COMMERCE·Ch. 9A UNIFORM COMMERCIAL CODE SECURED TRANSACTIONS·Part 3 Perfection and Priority

30-9A-325 . Priority of security interests in transferred collateral.

(1)Except as otherwise provided in subsection (2), a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:
(a)the debtor acquired the collateral subject to the security interest created by the other person;
(b)the security interest created by the other person was perfected when the debtor acquired the collateral; and
(c)there is no period thereafter when the security interest is unperfected.
(2)Subsection (1) subordinates a security interest only if the security interest:
(a)otherwise would have priority solely under 30-9A-322 (1) or 30-9A-324 ; or
(b)arose solely under 30-2-711 (3) or 30-2A-508 (5).

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Legislative History

En. Sec. 44, Ch. 305, L. 1999; Sec. 30-9-345 , MCA 1999; redes. 30-9A-325 by Code Commissioner, 2001.

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