N.Y. Uniform Commercial Code Law Section 9-308
When Security Interest or Agricultural Lien Is Perfected

  • Continuity of Perfection
Section 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 Section 9--309, a security interest is perfected if it has attached and all of the applicable requirements for perfection in Sections 9--310 through 9--316 have been satisfied. A security interest is perfected when it attaches if the applicable requirements are satisfied before the security interest attaches.

(b)

Perfection of agricultural lien. An agricultural lien is perfected if it has become effective and all of the applicable requirements for perfection in Section 9--310 have been satisfied. An agricultural lien is perfected when it becomes effective if the applicable requirements are satisfied before the agricultural lien becomes effective.

(c)

Continuous perfection; perfection by different methods. A security interest or agricultural lien is perfected continuously if it is originally perfected by one method under this article and is later perfected by another method under this article, without an intermediate period when it was unperfected.

(d)

Supporting obligation. Perfection of a security interest in collateral also perfects a security interest in a supporting obligation for the collateral.

(e)

Lien securing right to payment. Perfection of a security interest in a right to payment or performance also perfects a security interest in a security interest, mortgage, or other lien on personal or real property securing the right.

(f)

Security entitlement carried in securities account. Perfection of a security interest in a securities account also perfects a security interest in the security entitlements carried in the securities account.

(g)

Commodity contract carried in commodity account. Perfection of a security interest in a commodity account also perfects a security interest in the commodity contracts carried in the commodity account.

(h)

Cooperative organization security interest. A cooperative organization security interest becomes perfected when the cooperative interest first comes into existence and remains perfected so long as the cooperative interest exists.

Source: Section 9-308 — When Security Interest or Agricultural Lien Is Perfected; Continuity of Perfection, https://www.­nysenate.­gov/legislation/laws/UCC/9-308 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 9-308’s source at nysenate​.gov

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