Title 11, Chapter 9, Section 313
( 11-9-313)
When possession by or delivery to secured party perfects security interest without filing. (a) Perfection by possession or delivery. Except as otherwise provided in subsection (b) of this Code section, a secured party may perfect a security interest in negotiable documents, goods, instruments, money, or tangible chattel paper by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under Code Section 11-8-301. (b) Goods covered by certificate of title. With respect to goods covered by a certificate of title issued by this state, a secured party may perfect a security interest in the goods by taking possession of the goods only in the circumstances described in subsection (d) of Code Section 11-9-316. (c) Collateral in possession of person other than debtor. With
respect to collateral other than certificated securities and goods
covered by a document, a secured party takes possession of
collateral in the possession of a person other than the debtor, the
secured party, or a lessee of the collateral from the debtor in the
ordinary course of the debtor's business, when: (1) The person in possession authenticates a record acknowledging
that it holds possession of the collateral for the secured party's
benefit; or (2) The person takes possession of the collateral after having
authenticated a record acknowledging that it will hold possession
of collateral for the secured party's benefit. (d) Time of perfection by possession; continuation of perfection.
If perfection of a security interest depends upon possession of the
collateral by a secured party, perfection occurs no earlier than the
time the secured party takes possession and continues only while the
secured party retains possession. (e) Time of perfection by delivery; continuation of perfection. A security interest in a certificated security in registered form is perfected by delivery when delivery of the certificated security occurs under Code Section 11-8-301 and remains perfected by delivery until the debtor obtains possession of the security certificate. (f) Acknowledgment not required. A person in possession of
collateral is not required to acknowledge that it holds possession
for a secured party's benefit. (g) Effectiveness of acknowledgment; no duties or confirmation. If a
person acknowledges that it holds possession for the secured party's
benefit: (1) The acknowledgment is effective under subsection (c) of this Code section or subsection (a) of Code Section 11-8-301, even if the acknowledgment violates the rights of a debtor; and (2) Unless the person otherwise agrees or law other than this
article otherwise provides, the person does not owe any duty to
the secured party and is not required to confirm the
acknowledgment to another person.
(h) Secured party's delivery to person other than debtor. A secured
party having possession of collateral does not relinquish possession
by delivering the collateral to a person other than the debtor or a
lessee of the collateral from the debtor in the ordinary course of
the debtor's business if the person was instructed before the
delivery or is instructed contemporaneously with the delivery: (1) To hold possession of the collateral for the secured party's
benefit; or (2) To redeliver the collateral to the secured party. (i) Effect of delivery under subsection (h) of this Code section; no
duties or confirmation. A secured party does not relinquish
possession, even if a delivery under subsection (h) of this Code
section violates the rights of a debtor. A person to which
collateral is delivered under subsection (h) of this Code section
does not owe any duty to the secured party and is not required to
confirm the delivery to another person unless the person otherwise
agrees or law other than this article otherwise provides. |