84-9-301. Law governing perfection of priority of security interests. Except as otherwise provided in K.S.A. 2021 Supp. 84-9-303 through 84-9-306, and amendments thereto, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral: (1) Except as otherwise provided in this section, while […]
84-9-302. Law governing perfection and priority of agricultural liens. While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products. History: L. 2000, ch. 142, § 22; July 1, 2001. Revisor’s Note: Former […]
84-9-303. Law governing perfection and priority of security interests in goods covered by a certificate of title. (a) Applicability of section. This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or […]
84-9-304. Law governing perfection and priority of security interests in deposit accounts. (a) Law of bank’s jurisdiction governs. The local law of a bank’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that bank. (b) Bank’s jurisdiction. The following rules determine […]
84-9-305. Law governing perfection and priority of security interests in investment property. (a) Governing law: General rules. Except as otherwise provided in subsection (c), the following rules apply: (1) While a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority […]
84-9-306. Law governing perfection and priority of security interests in letter-of-credit rights. (a) Governing law: Issuer’s or nominated person’s jurisdiction. Subject to subsection (c), the local law of the issuer’s jurisdiction or a nominated person’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a letter-of-credit right […]
84-9-307. Location of debtor, registered organization, United States, foreign bank branch or agency, or foreign air carrier. (a) “Place of business.” In this section, “place of business” means a place where a debtor conducts its affairs. (b) Debtor’s location: General rules. Except as otherwise provided in this section, the following rules determine a debtor’s location: […]
84-9-308. When security interest or agricultural lien is perfected; continuity of perfection. (a) Perfection of security interest. Except as otherwise provided in this section and K.S.A. 2021 Supp. 84-9-309, and amendments thereto, a security interest is perfected if it has attached and all of the applicable requirements for perfection in K.S.A. 2021 Supp. 84-9-310 through […]
84-9-309. Security interest perfected upon attachment. The following security interests are perfected when they attach: (1) A purchase-money security interest in consumer goods, except as otherwise provided in K.S.A. 2021 Supp. 84-9-311(b), and amendments thereto, with respect to consumer goods that are subject to a statute or treaty described in K.S.A. 2021 Supp. 84-9-311(a), and […]
84-9-310. When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply. (a) General rule: Perfection by filing. Except as otherwise provided in subsection (b) and K.S.A. 2021 Supp. 84-9-312(b), and amendments thereto, a financing statement must be filed to perfect all security interests […]
84-9-311. Perfection of security interests in property subject to other laws; duration and renewal of perfection; inapplicability to certain collateral. (a) Security interest subject to other law. Except as otherwise provided in subsection (d), the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to: (1) […]
84-9-312. Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without filing or transfer of possession. (a) Perfection by filing permitted. A security interest in chattel paper, negotiable documents, instruments, or investment property may be perfected by […]
84-9-313. 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), a secured party may perfect a security interest in tangible negotiable documents, goods, instruments, money, or tangible chattel paper by taking possession of the collateral. A secured party […]
84-9-314. Perfection by control. (a) Perfection by control. A security interest in investment property, deposit accounts, letter-of-credit rights, electronic chattel paper, or electronic documents may be perfected by control of the collateral under K.S.A. 2021 Supp. 84-7-106, and amendments thereto, and K.S.A. 2021 Supp. 84-9-104, 84-9-105, 84-9-106, or 84-9-107, and amendments thereto. (b) Specified collateral: […]
84-9-315. 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 K.S.A. 84-2-403(2), and amendments thereto: (1) A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition […]
84-9-316. 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 K.S.A. 2021 Supp. 84-9-301(1) or 84-9-305(c), and amendments thereto, remains perfected until the earliest of: (1) The time perfection would […]
84-9-317. Interests that take priority over or take free of security interest or agricultural lien. (a) Conflicting security interests and rights of lien creditors. A security interest or agricultural lien is subordinate to the rights of: (1) A person entitled to priority under K.S.A. 2021 Supp. 84-9-322, and amendments thereto; and (2) except as otherwise […]
84-9-318. No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers. (a) Seller retains no interest. A debtor that has sold an account, chattel paper, payment intangible, or promissory note does not retain a legal or equitable interest in […]
84-9-319. Rights and title of consignee with respect to creditors and purchasers. (a) Consignee has consignor’s rights. Except as otherwise provided in subsection (b), for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is […]
84-9-320. Buyer of goods. (a) Buyer in ordinary course of business. Except as otherwise provided in subsection (e), a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer’s seller, even if the security interest […]
