Perfection by Control

Ala. Code § 7-9A-314 — under Title 7.

Ala. Code § 7-9A-314

(a) Perfection by control. A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, or letter-of-credit rights may be perfected by control of the collateral under Section 7-7-106, 7-9A-104,, 7-9A-106, 7-9A-107, or 7-9A-107A. (b) Specified collateral: Time of perfection by control; continuation of perfection. A security interest incontrollable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, or letter-of-credit rights is perfected by control under Section 7-7-106, 7-9A-104, 7-9A-107, or 7-9A- 107A not earlier than the time the secured party obtains control and remains perfected by control only while the secured party retains control. (c) Investment property: Time of perfection by control; continuation of perfection. A security interest in investment property is perfected by control under Section 7-9A- 106 not earlier than the time the secured party obtains control and remains perfected by control until: (1) the secured party does not have control; and (2) one of the following occurs:

(A) if the collateral is a certificated security, the debtor has or acquires possession of the security certificate; (B) if the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or

(C) if the collateral is a security entitlement, the debtor is or becomes the entitlement holder.

History: (Act 2001-481, p. 647, §1; Act 2004-315, p. 464, §2; Act 2023-492, §1.)