Title 8, Commercial Transactions

The following rules govern priority among conflicting security interests in the same investment property: (1) A security interest held by a secured party having control of investment property under ORS 79A.1060 has priority over a security interest held by a secured party that do…

The following rules govern priority among conflicting security interests in the same letter-of-credit right: (1) A security interest held by a secured party having control of the letter-of-credit right under ORS 79A.1070 has priority to the extent of its control over a conflictin…

(1) A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if: (a) In good faith and in the ordinary course of the purchaser’s business, the purchaser gives new value,…

(1) This chapter does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document of title has been duly negotiated, a protected purchaser of a security or a qualifying purchaser of a controllable account, controllable electr…

(1) A transferee of tangible money takes the money free of a security interest if the transferee receives possession of the money without acting in collusion with the debtor in violating the rights of the secured party. (2) A transferee of funds from a deposit account takes the f…

(1) As used in this section, “possessory lien” means an interest, other than a security interest or an agricultural lien: (a) Which secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the …

(1) A security interest under this chapter may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this chapter in ordinary building materials incorporated into an improvement on land. (2) This chapter does…

(1) A security interest may be created in an accession and continues in collateral that becomes an accession. (2) If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral. (3) Except as otherwise provi…

(1) As used in this section, “commingled goods” means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass. (2) A security interest does not exist in commingled goods as such. However, a security interest may attach t…

If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this state issues a certificate of title or manufactured structure ownership document or records a manufactured structure in a county deed record and the certificate, document…

Except for information on the jurisdiction of organization for an organization that is not a registered organization, if a security interest or agricultural lien is perfected by a filed financing statement providing information described in ORS 79A.5160 (2)(e) which is incorrect …

This chapter does not preclude subordination by agreement by a person entitled to priority. [Formerly 79.0339] (Rights of Bank)

(1) Except as otherwise provided in subsection (3) of this section, a bank with which a deposit account is maintained may exercise any right of recoupment or setoff against a secured party that holds a security interest in the deposit account. (2) Except as otherwise provided in …

Except as otherwise provided in ORS 79A.3400 (3), and unless the bank otherwise agrees in a signed record, a bank’s rights and duties with respect to a deposit account maintained with the bank are not terminated, suspended, or modified by: (1) The creation, attachment or perfecti…

This chapter does not require a bank to enter into an agreement of the kind described in ORS 79A.1040 (1)(b), even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person un…

(1) Except as otherwise provided in subsection (2) of this section and ORS 79A.4060, 79A.4070, 79A.4080 and 79A.4090, whether a debtor’s rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this chapter. (2) An agreement between the d…

The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor’s acts or omissions. [Formerly 79.0402]

(1) As used in this section, “value” has the meaning provided in ORS 73.0303 (1). (2) Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have again…

(1) Unless an account debtor has made an enforceable agreement not to assert defenses or claims and subject to subsections (2) to (5) of this section, the rights of an assignee are subject to: (a) All terms of the agreement between the account debtor and assignor and any defense …

(1) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a brea…

(1) Subject to subsections (2) to (9) and (11) of this section, an account debtor on an account, chattel paper or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, signed by the assignor or t…

(1) Except as otherwise provided in subsection (2) of this section, a term in a lease agreement is ineffective to the extent that it: (a) Prohibits, restricts or requires the consent of a party to the lease to the assignment or transfer of, or the creation, attachment, perfection…

(1) Except as otherwise provided in subsection (2) of this section, a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or a general intangible, including a contract, permit, license or franchis…

(1) A term in a letter of credit or a rule of law, statute, regulation, custom or practice applicable to the letter of credit which prohibits, restricts or requires the consent of an applicant, issuer or nominated person to a beneficiary’s assignment of or creation of a security …

(1) Except as otherwise provided in subsection (2) of this section, if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is: (a) The o…

(1) Subject to subsection (2) of this section, a financing statement is sufficient only if it: (a) Provides the name of the debtor; (b) Provides the name of the secured party or a representative of the secured party; and (c) Indicates the collateral covered by the financing state…

(1) A financing statement sufficiently provides the name of the debtor: (a) Except as otherwise provided in paragraph (c) of this subsection, if the debtor is a registered organization or the collateral is held in a trust that is a registered organization, only if the financing s…

A financing statement sufficiently indicates the collateral that it covers if the financing statement provides: (1) A description of the collateral pursuant to ORS 79A.1080; or (2) An indication that the financing statement covers all assets or all personal property. [Formerly 79…

(1) A consignor, lessor or other bailor of goods, a licensor or a buyer of a payment intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in ORS 79A.3110 (1), using the terms “consignor,” “consignee,” “lessor,” “lessee,” “…

(1) A financing statement substantially satisfying the requirements of ORS 79A.5010 to 79A.5280 is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading. (2) Except as otherwise provided in subsection…

(1) A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition. (2) …

(1) Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had …

(1) A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if: (a) The debtor authorizes the filing in a signed record or pursuant to subsection (2) or (3) of…

(1) A filed record is effective only to the extent that it was filed by a person that may file it under ORS 79A.5090. (2) A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record. (3) A continuation…

(1) A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under…

(1) Subject to ORS 79A.5090, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to subsection (5) of this section, otherwise amend the information provided in, a financing statement by filing an amendment that: (a) Identifies…

(1) A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and: (a) There is no obligation secured by the collateral covered by the financing st…

(1) Except as otherwise provided in subsection (3) of this section, an initial financing statement may reflect an assignment of all of the secured party’s power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the n…

(1) Except as otherwise provided in subsections (2), (5), (6) and (7) of this section, a filed financing statement is effective for a period of five years after the date of filing. (2) Except as otherwise provided in subsections (5), (6) and (7) of this section, an initial financ…

(1) Except as otherwise provided in subsection (2) of this section, communication of a record to and receipt by a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing. (2) Filing does not occur with respect to a record tha…

The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record. [Formerly 79.0517]

(1) A person may file in the filing office an information statement with respect to a record indexed there under the person’s name if the person believes that the record is inaccurate or was wrongfully filed. (2) An information statement under subsection (1) of this section must:…

(1) For each record filed in a filing office, the filing office shall: (a) Assign a unique number to the filed record; (b) Create a record that bears the number assigned to the filed record and the date and time of filing; (c) Maintain the filed record for public inspection; and …

(1) A filing office shall refuse to accept a record for filing for a reason set forth in ORS 79A.5160 (2) and may refuse to accept a record for filing only for a reason set forth in ORS 79A.5160 (2). (2)(a) If a filing office refuses to accept a record for filing, it shall commun…

A filing office that accepts written records may not refuse to accept a written initial financing statement, addendum or amendment in the form and format set forth in the final official text of the 2010 revisions to Article 9 of the Uniform Commercial Code promulgated by The Amer…

(1) The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under ORS 79A.5150 with respect to all secured parties of record. The record must be retrie…