Title 11, Chapter 9, Section 315
( 11-9-315)
Secured party's rights on disposition of collateral and in proceeds. (a) Disposition of collateral; continuation of security interest or agricultural lien; proceeds. Except as otherwise provided in this article and in subsection (2) of Code Section 11-2-403: (1) A security interest or agricultural lien continues in
collateral notwithstanding sale, lease, license, exchange, or
other disposition thereof unless the secured party authorized the
disposition free of the security interest or agricultural lien;
and (2) A security interest attaches to any identifiable proceeds of
collateral. (b) When commingled proceeds identifiable. Proceeds that are
commingled with other property are identifiable proceeds: (1) If the proceeds are goods, to the extent provided by Code Section 11-9-336; and (2) If the proceeds are not goods, to the extent that the secured
party identifies the proceeds by a method of tracing, including
application of equitable principles, that is permitted under law
other than this article with respect to commingled property of the
type involved. (c) Perfection of security interest in proceeds. A security
interest in proceeds is a perfected security interest if the
security interest in the original collateral was perfected. (d) Continuation of perfection. A perfected security interest in
proceeds becomes unperfected on the twenty-first day after the
security interest attaches to the proceeds unless: (1) The following conditions are satisfied: (A) A filed financing statement covers the original collateral; (B) The proceeds are collateral in which a security interest may
be perfected by filing in the office in which the financing
statement has been filed; and (C) The proceeds are not acquired with cash proceeds; (2) The proceeds are identifiable cash proceeds; or (3) The security interest in the proceeds is perfected other than
under subsection (c) of this Code section when the security
interest attaches to the proceeds or within 20 days thereafter. (e) When perfected security interest in proceeds becomes
unperfected. If a filed financing statement covers the original
collateral, a security interest in proceeds which remains perfected
under paragraph (1) of subsection (d) of this Code section becomes
unperfected at the later of: (1) When the effectiveness of the filed financing statement lapses under Code Section 11-9-515 or is terminated under Code Section 11-9-513; or (2) The twenty-first day after the security interest attaches to
the proceeds. |