Georgia Commons

Official Code of Georgia Annotated

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

11-9-312. Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, negotiable 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.

Active

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

  1. (a)

    Perfection by filing permitted. A security interest in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, instruments, investment property, or negotiable documents may be perfected by filing.#

  2. (b)

    Control or possession of certain collateral. Except as otherwise provided in subsections (c) and (d) of Code Section 11-9-315 for proceeds:#

    1. (1)

      A security interest in a deposit account may be perfected only by control under Code Section 11-9-314;#

    2. (2)

      Except as otherwise provided in subsection (d) of Code Section 11-9-308, a security interest in a letter of credit right may be perfected only by control under Code Section 11-9-314;#

    3. (3)

      A security interest in tangible money may be perfected only by the secured party’s taking possession under Code Section 11-9-313; and#

    4. (4)

      A security interest in electronic money may be perfected only by control under Code Section 11-9-314.#

  3. (c)

    Goods covered by negotiable document. While goods are in the possession of a bailee that has issued a negotiable document covering the goods:#

    1. (1)

      A security interest in the goods may be perfected by perfecting a security interest in the document; and#

    2. (2)

      A security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time.#

  4. (d)

    Goods covered by nonnegotiable document. While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by:#

    1. (1)

      Issuance of a document in the name of the secured party;#

    2. (2)

      The bailee’s receipt of notification of the secured party’s interest; or#

    3. (3)

      Filing as to the goods.#

  5. (e)

    Temporary perfection; new value. A security interest in certificated securities, negotiable documents, or instruments is perfected without filing or the taking of possession or control for a period of 20 days from the time it attaches to the extent that it arises for new value given under a signed security agreement.#

  6. (f)

    Temporary perfection; goods or documents made available to debtor. A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for 20 days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of:#

    1. (1)

      Ultimate sale or exchange; or#

    2. (2)

      Loading, unloading, storing, shipping, transshipping, manufacturing, processing, or otherwise dealing with them in a manner preliminary to their sale or exchange.#

  7. (g)

    Temporary perfection; delivery of security certificate or instrument to debtor. A perfected security interest in a certificated security or instrument remains perfected for 20 days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of:#

    1. (1)

      Ultimate sale or exchange; or#

    2. (2)

      Presentation, collection, enforcement, renewal, or registration of transfer.#

  8. (h)

    Expiration of temporary perfection. After the 20 day period specified in subsection (e), (f), or (g) of this Code section expires, perfection depends upon compliance with this article.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

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, § 11-9-312, enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2010, p. 481, § 2-25/HB 451; Ga. L. 2024, p. 817, § 5-57/HB 1240, effective July 1, 2024.

Amendments

The 2024 amendment, effective July 1, 2024, substituted “controllable accounts, controllable electronic records, controllable payment intangibles, instruments, investment property, or negotiable documents” for “negotiable documents, instruments, or investment property” in subsection (a); deleted “and” at the end of paragraph (b)(2); in paragraph (b)(3), inserted “tangible” near the beginning and substituted “; and” for a period at the end; added paragraph (b)(4); and substituted “a signed” for “an authenticated” in subsection (e).

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 109 to 111; merge action: replaced; file SHA-256 df9393c4ba3b.

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