Title 11, Chapter 9, Section 316
( 11-9-316)
Continued perfection of security interest following change in governing law. (a) General rule; effect on perfection of change in governing law. A security interest perfected pursuant to the law of the jurisdiction designated in paragraph (1) of Code Section 11-9-301 or subsection (c) of Code Section 11-9-305 remains perfected until the earliest of: (1) The time perfection would have ceased under the law of that
jurisdiction; (2) The expiration of four months after a change of the debtor's
location to another jurisdiction; or (3) The expiration of one year after a transfer of collateral to a
person that thereby becomes a debtor and is located in another
jurisdiction. (b) Security interest perfected or unperfected under law of new
jurisdiction. If a security interest described in subsection (a) of
this Code section becomes perfected under the law of the other
jurisdiction before the earliest time or event described in that
subsection, it remains perfected thereafter. If the security
interest does not become perfected under the law of the other
jurisdiction before the earliest time or event, it becomes
unperfected and is deemed never to have been perfected as against a
purchaser of the collateral for value. (c) Possessory security interest in collateral moved to new
jurisdiction. A possessory security interest in collateral, other
than goods covered by a certificate of title and as-extracted
collateral consisting of goods, remains continuously perfected if: (1) The collateral is located in one jurisdiction and subject to a
security interest perfected under the law of that jurisdiction; (2) Thereafter the collateral is brought into another
jurisdiction; and (3) Upon entry into the other jurisdiction, the security interest
is perfected under the law of the other jurisdiction. (d) Goods covered by certificate of title from this state. Except as
otherwise provided in subsection (e) of this Code section, a
security interest in goods covered by a certificate of title which
is perfected by any method under the law of another jurisdiction
when the goods become covered by a certificate of title from this
state remains perfected until the security interest would have
become unperfected under the law of the other jurisdiction had the
goods not become so covered. (e) When subsection (d) of this Code section security interest becomes unperfected against purchasers. A security interest described in subsection (d) of this Code section becomes unperfected as against a purchaser of the goods for value and is deemed never to have been perfected as against a purchaser of the goods for value if the applicable requirements for perfection under subsection (b) of Code Section 11-9-311 or Code Section 11-9-313 are not satisfied before the earlier of: (1) The time the security interest would have become unperfected under the law of the other jurisdiction had the goods not become covered by a certificate of title from this state; or (2) The expiration of four months after the goods had become so
covered. (f) Change in jurisdiction of bank, issuer, nominated person,
securities intermediary, or commodity intermediary. A security
interest in deposit accounts, letter of credit rights, or investment
property which is perfected under the law of the bank's
jurisdiction, the issuer's jurisdiction, a nominated person's
jurisdiction, the securities intermediary's jurisdiction, or the
commodity intermediary's jurisdiction, as applicable, remains
perfected until the earlier of: (1) The time the security interest would have become unperfected
under the law of that jurisdiction; or (2) The expiration of four months after a change of the applicable
jurisdiction to another jurisdiction. (g) Subsection (f) of this Code section security interest perfected
or unperfected under law of new jurisdiction. If a security
interest described in subsection (f) of this Code section becomes
perfected under the law of the other jurisdiction before the earlier
of the time or the end of the period described in that subsection,
it remains perfected thereafter. If the security interest does not
become perfected under the law of the other jurisdiction before the
earlier of that time or the end of that period, it becomes
unperfected and is deemed never to have been perfected as against a
purchaser of the collateral for value. |