Title 70A, Uniform Commercial Code

70A-9a-103. Purchase-money security interest -- Application of payments -- Burden of establishing. (1) In this section: (a) "purchase-money collateral" means goods or software that secures a purchase-money obligation incurred with respect to that collateral; and (b) "purchase-mon…

70A-9a-104. Control of deposit account. (1) A secured party has control of a deposit account if: (a) the secured party is the bank with which the deposit account is maintained; (b) the debtor, secured party, and bank have agreed in a signed record that the bank will comply with i…

70A-9a-105. Control of electronic copy of record evidencing chattel paper. (1) A purchaser has control of an authoritative electronic copy of a record evidencing chattel paper if a system employed for evidencing the assignment of interests in the chattel paper reliably establishe…

70A-9a-105.1. Control of electronic money. (1) A person has control of electronic money if: (a) the electronic money, a record attached to or logically associated with the electronic money, or a system in which the electronic money is recorded gives the person: (i) power to avail…

70A-9a-106. Control of investment property. (1) A person has control of a certificated security, uncertificated security, or security entitlement as provided in Section 70A-8-105. (2) A secured party has control of a commodity contract if: (a) the secured party is the commodity i…

70A-9a-107. Control of letter-of-credit right. A secured party has control of a letter-of-credit right to the extent of any right to payment or performance by the issuer or any nominated person if the issuer or nominated person has consented to an assignment of proceeds of the le…

70A-9a-107.1. Control of controllable electronic record, controllable account, or controllable payment intangible. (1) A secured party has control of a controllable electronic record as provided in Section 70A-12-105. (2) A secured party has control of a controllable account or c…

70A-9a-107.2. No requirement to acknowledge or confirm -- No duties. (1) A person that has control under Section 70A-9a-104, 70A-9a-105, or 70A-9a-105.1 is not required to acknowledge that it has control on behalf of another person. (2) If a person acknowledges that it has or wil…

70A-9a-108. Sufficiency of description. (1) Except as otherwise provided in Subsections (3), (4), and (5), a description of personal or real property is sufficient, whether or not it is specific, if it reasonably identifies what is described. (2) Except as otherwise provided in S…

70A-9a-109. Scope. (1) Except as otherwise provided in Subsections (3) and (4), this chapter applies to: (a) a transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract; (b) an agricultural lien; (c) a sale of accounts, cha…

70A-9a-110. Security interests arising under Chapter 2 or 2a. A security interest arising under Section 70A-2-401 or 70A-2-505, or Subsection 70A-2-711(3) or 70A-2a-508(5) is subject to this chapter. However, until the debtor obtains possession of the goods: (1) the security inte…

70A-9a-201. General effectiveness of security agreement. (1) Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors. (2) A transaction subject to this ch…

70A-9a-202. Title to collateral immaterial. Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this chapter with regard to rights and obligations apply whether title to collate…

70A-9a-203. Attachment and enforceability of security interest -- Proceeds -- Supporting obligations -- Formal requisites. (1) A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly p…

70A-9a-204. After-acquired property -- Future advances. (1) Except as otherwise provided in Subsection (2), a security agreement may create or provide for a security interest in after-acquired collateral. (2)(a) Subject to Subsection (2)(b), a security interest does not attach un…

70A-9a-205. Use or disposition of collateral permissible. (1) A security interest is not invalid or fraudulent against creditors solely because: (a) the debtor has the right or ability to: (i) use, commingle, or dispose of all or part of the collateral, including returned or repo…

70A-9a-206. Security interest arising in purchase or delivery of financial asset. (1) A security interest in favor of a securities intermediary attaches to a person's security entitlement if: (a) the person buys a financial asset through the securities intermediary in a transacti…

70A-9a-207. Rights and duties of secured party having possession or control of collateral. (1) Except as otherwise provided in Subsection (4), a secured party shall use reasonable care in the custody and preservation of collateral in the secured party's possession. In the case of…

70A-9a-208. Additional duties of secured party having control of collateral. (1) This section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value. (2) Within 10 da…

70A-9a-209. Duties of secured party if account debtor has been notified of assignment. (1) Except as otherwise provided in Subsection (3), this section applies if: (a) there is no outstanding secured obligation; and (b) the secured party is not committed to make advances, incur o…

70A-9a-210. Request for accounting -- Request regarding list of collateral or statement of account. (1) In this section: (a) "Request" means a record of a type described in Subsection (1)(b), (c), or (d). (b) "Request for an accounting" means a record signed by a debtor requestin…

70A-9a-301. Law governing perfection and priority of security interests. Except as otherwise provided in Sections 70A-9a-303 through 70A-9a-306.2, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security…

70A-9a-302. Law governing perfection and priority of agricultural liens. While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm produ…

70A-9a-303. Law governing perfection and priority of security interests in goods covered by a certificate of title. (1) This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of titl…

70A-9a-304. Law governing perfection and priority of security interests in deposit accounts. (1) The local law of a bank's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that…

70A-9a-305. Law governing perfection and priority of security interests in investment property. (1) Except as otherwise provided in Subsection (3), the following rules apply: (a) While a security certificate is located in a jurisdiction, the local law of that jurisdiction governs…

70A-9a-306. Law governing perfection and priority of security interests in letter-of-credit rights. (1) Subject to Subsection (3), the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs perfection, the effect of perfection or nonperfection, and th…

70A-9a-306.1. Law governing perfection and priority of security interests in chattel paper. (1) Except as provided in Subsection (4), if chattel paper is evidenced only by an authoritative electronic copy of the chattel paper or is evidenced by an authoritative electronic copy an…

70A-9a-306.2. Law governing perfection and priority of security interests in controllable accounts, controllable electronic records, and controllable payment intangibles. (1) Except as provided in Subsection (2), the local law of the controllable electronic record's jurisdiction …

70A-9a-307. Location of debtor. (1) In this section, "place of business" means a place where a debtor conducts its affairs. (2) Except as otherwise provided in this section, the following rules determine a debtor's location: (a) A debtor who is an individual is located at the ind…

70A-9a-308. When security interest or agricultural lien is perfected -- Continuity of perfection. (1) Except as otherwise provided in this section and Section 70A-9a-309, a security interest is perfected if it has attached and all of the applicable requirements for perfection in …

70A-9a-309. Security interest perfected upon attachment. The following security interests are perfected when they attach: (1) a purchase-money security interest in consumer goods, except as otherwise provided in Subsection 70A-9a-311(2) with respect to consumer goods that are sub…

70A-9a-310. When filing required to perfect security interest or agricultural lien -- Security interests and agricultural liens to which filing provisions do not apply. (1) Except as otherwise provided in Subsection (2) and Subsection 70A-9a-312(2), a financing statement must be …

70A-9a-311. Perfection of security interests in property subject to certain statutes, regulations, and treaties. (1) Except as otherwise provided in Subsection (4), the filing of a financing statement is not necessary or effective to perfect a security interest in property subjec…

70A-9a-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, …

70A-9a-313. When possession by or delivery to secured party perfects security interest without filing. (1) Except as otherwise provided in Subsection (2), a secured party may perfect a security interest in goods, instruments, negotiable tangible documents, or tangible money by ta…

70A-9a-314. Perfection by control. (1) A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, investment property, or letter-of-credit rights may be perfected by co…

70A-9a-314.1. Perfection by possession and control of chattel paper. (1) A secured party may perfect a security interest in chattel paper by taking possession of each authoritative tangible copy of the record evidencing the chattel paper and obtaining control of each authoritativ…

70A-9a-315. Secured party's rights on disposition of collateral and in proceeds. (1) Except as otherwise provided in this chapter and in Subsection 70A-2-403(2): (a) a security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, o…

70A-9a-316. Effect of change in governing law. (1) A security interest perfected pursuant to the law of the jurisdiction designated in Subsection 70A-9a-301(1), 70A-9a-305(3), 70A-9a-306.1(4), or 70A-9a-306.2(2) remains perfected until the earliest of: (a) the time perfection wou…

70A-9a-317. Interests that take priority over or take free of security interest or agricultural lien. (1) A security interest or agricultural lien is subordinate to the rights of: (a) a person entitled to priority under Section 70A-9a-322; and (b) except as otherwise provided in …

70A-9a-318. No interest retained in right to payment that is sold -- Rights and title of seller of account or chattel paper with respect to creditors and purchasers. (1) A debtor that has sold an account, chattel paper, payment intangible, or promissory note does not retain a leg…

70A-9a-319. Rights and title of consignee with respect to creditors and purchasers. (1) Except as otherwise provided in Subsection (2), for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possessi…

70A-9a-320. Buyer of goods. (1) Except as otherwise provided in Subsection (5), a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer's seller, even if t…

70A-9a-321. Licensee of general intangible and lessee of goods in ordinary course of business. (1) In this section, "licensee in ordinary course of business" means a person that becomes a licensee of a general intangible in good faith, without knowledge that the license violates …

70A-9a-322. Priorities among conflicting security interests in and agricultural liens on same collateral. (1) Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the f…