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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 9A : Uniform Commercial Code

Article 009 : SECURED TRANSACTIONS

(Cite as: 9A V.S.A. § 9-311)
  • § 9-311. Perfection of security interests in property subject to certain statutes, regulations, and treaties

    (a) Except as otherwise provided in subsection (d) of this section, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:

    (1) a statute, regulation, or treaty of the United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt subsection 9- 310(a) of this title;

    (2) the following statutes of this State: 23 V.S.A. chapters 21 and 36; or

    (3) a statute of another jurisdiction which provides for a security interest to be indicated on a certificate as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the property.

    (b) Compliance with the requirements of a statute, regulation, or treaty described in subsection (a) of this section for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this article. Except as otherwise provided in subsection (d) of this section and section 9- 313 and subsections 9- 316(d) and (e) of this title for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subsection (a) of this section may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.

    (c) Except as otherwise provided in subsection (d) of this section and subsections 9- 316(d) and (e) of this title, duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation, or treaty described in subsection (a) of this section are governed by the statute, regulation, or treaty. In other respects, the security interest is subject to this article.

    (d) During any period in which collateral subject to a statute specified in subdivision (a)(2) of this section is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this section does not apply to a security interest in that collateral created by that person. (Added 1999, No. 106 (Adj. Sess.), § 2, eff. July 1, 2001; amended 2001, No. 46, § 2; 2005, No. 116 (Adj. Sess.), § 1, eff. April 26, 2006; 2013, No. 157 (Adj. Sess.), § 1.)