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Official Code of Georgia Annotated

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

11-9-310. When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.

Active

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

  1. (a)

    General rule; perfection by filing. Except as otherwise provided in subsection (b) of this Code section and subsection (b) of Code Section 11-9-312, a financing statement must be filed to perfect all security interests and agricultural liens.#

  2. (b)

    Exceptions; filing not necessary. The filing of a financing statement is not necessary to perfect a security interest:#

    1. (1)

      That is perfected under subsection (d), (e), (f), or (g) of Code Section 11-9-308;#

    2. (2)

      That is perfected under Code Section 11-9-309 when it attaches;#

    3. (3)

      In property subject to a statute, regulation, or treaty described in subsection (a) of Code Section 11-9-311;#

    4. (4)

      In goods in possession of a bailee which is perfected under paragraph (1) or (2) of subsection (d) of Code Section 11-9-312;#

    5. (5)

      In certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under subsection (e), (f), or (g) of Code Section 11-9-312;#

    6. (6)

      In collateral in the secured party’s possession under Code Section 11-9-313;#

    7. (7)

      In a certificated security which is perfected by delivery of the security certificate to the secured party under Code Section 11-9-313;#

    8. (8)

      In controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, or letter of credit rights which is perfected by control under Code Section 11-9-314;#

    9. (8.1)

      In chattel paper which is perfected by possession and control under Code Section 11-9-314A;#

    10. (9)

      In proceeds which is perfected under Code Section 11-9-315; or#

    11. (10)

      That is perfected under Code Section 11-9-316.#

  3. (c)

    Assignment of perfected security interest. If a secured party assigns a perfected security interest or agricultural lien, a filing under this article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.#

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, § 11-9-310, enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2010, p. 481, § 2-24/HB 451; Ga. L. 2024, p. 817, § 5-56/HB 1240, effective July 1, 2024.

Amendments

The 2024 amendment, effective July 1, 2024, in paragraph (b)(8), inserted “controllable accounts, controllable electronic records, controllable payment intangibles,” near the beginning and deleted “electronic chattel paper,” following “accounts” near the middle, and added paragraph (b)(8.1).

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.”

Read the official page (the state's PDF, opened at the page this text was read from).

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 108 to 109; merge action: replaced; file SHA-256 df9393c4ba3b.