South Carolina Statutes

§ 36-9-325 — Priority of security interests in transferred collateral.

South Carolina·Title 36 COMMERCIAL CODE·Ch. 9 COMMERCIAL CODE—SECURED TRANSACTIONS
(a)Except as otherwise provided in subsection (b), a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:
(1)the debtor acquired the collateral subject to the security interest created by the other person;
(2)the security interest created by the other person was perfected when the debtor acquired the collateral; and (3) there is no period thereafter when the security interest is unperfected.
(b)Subsection (a) subordinates a security interest only if the security interest:
(1)otherwise would have priority solely under Section 36-9-322(a) or 36-9-324; or (2) arose solely under Section 36-2-711(3) or 36-2A-508(5).

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Legislative History

HISTORY: 2001 Act No. 67, SECTION 12.

Nearby Sections

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