Georgia Commons

Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 9. · Article 9. SECURED TRANSACTIONS · Part 3. PERFECTION AND PRIORITY

11-9-306A. Law governing perfection and priority of security interests in chattel paper.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Chattel paper evidenced by authoritative electronic copy. Except as provided in subsection (d) of this Code section, if chattel paper is evidenced only by an authoritative electronic copy of the chattel paper or is evidenced by an authoritative electronic copy and an authoritative tangible copy, the local law of the chattel paper’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the chattel paper, even if the transaction does not bear any relation to the chattel paper’s jurisdiction.#

  2. (b)

    Chattel paper’s jurisdiction. The following rules determine the chattel paper’s jurisdiction under this Code section:#

    1. (1)

      If the authoritative electronic copy of the record evidencing chattel paper, or a record attached to or logically associated with the electronic copy and readily available for review, expressly provides that a particular jurisdiction is the chattel paper’s jurisdiction for purposes of this part, this article, or this title, that jurisdiction is the chattel paper’s jurisdiction;#

    2. (2)

      If paragraph (1) of this subsection does not apply and the rules of the system in which the authoritative electronic copy is recorded are readily available for review and expressly provide that a particular jurisdiction is the chattel paper’s jurisdiction for purposes of this part, this article, or this title, that jurisdiction is the chattel paper’s jurisdiction;#

    3. (3)

      If paragraphs (1) and (2) of this subsection do not apply and the authoritative electronic copy, or a record attached to or logically associated with the electronic copy and readily available for review, expressly provides that the chattel paper is governed by the law of a particular jurisdiction, that jurisdiction is the chattel paper’s jurisdiction;#

    4. (4)

      If paragraphs (1), (2), and (3) of this subsection do not apply and the rules of the system in which the authoritative electronic copy is recorded are readily available for review and expressly provide that the chattel paper or the system is governed by the law of a particular jurisdiction, that jurisdiction is the chattel paper’s jurisdiction; and#

    5. (5)

      If paragraphs (1) through (4) of this subsection do not apply, the chattel paper’s jurisdiction is the jurisdiction in which the debtor is located.#

  3. (c)

    Chattel paper evidenced by authoritative tangible copy. If an authoritative tangible copy of a record evidences chattel paper and the chattel paper is not evidenced by an authoritative electronic copy, while the authoritative tangible copy of the record evidencing chattel paper is located in a jurisdiction, the local law of that jurisdiction governs:#

    1. (1)

      Perfection of a security interest in the chattel paper by possession under Code Section 11-9-314A; and#

    2. (2)

      The effect of perfection or nonperfection and the priority of a security interest in the chattel paper.#

  4. (d)

    When perfection governed by law of jurisdiction where debtor located. The local law of the jurisdiction in which the debtor is located governs perfection of a security interest in chattel paper by filing.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 11-9-306A, enacted by Ga. L. 2024, p. 817, § 5-54/HB 1240, effective July 1, 2024.

Effective date

This Code section became effective July 1, 2024.

Editor's notes

Ga. L. 2024, p. 817, § 1-1/HB 1240, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Uniform Commercial Code Modernization Act of 2024.’” Ga. L. 2024, p. 817, § 1-2/HB 1240, not codified by the General Assembly, provides: “Nothing in this Act shall be construed to support, endorse, create, or implement a national digital currency.”

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-pdf.pdf, Volume V9, 2022 edition, 2025 supplement, pages 105 to 107; merge action: added; file SHA-256 df9393c4ba3b.

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