North Carolina General Statutes 25-9-203. Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites
(a) Attachment. – A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment.
(b) Enforceability. – Except as otherwise provided in subsections (c) through (i) of this section, a security interest is enforceable against the debtor and third parties with respect to the collateral only if:
(1) Value has been given;
Terms Used In North Carolina General Statutes 25-9-203
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Contract: A legal written agreement that becomes binding when signed.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) The debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party; and
(3) One of the following conditions is met:
a. The debtor has authenticated a security agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned;
b. The collateral is not a certificated security and is in the possession of the secured party under N.C. Gen. Stat. § 25-9-313 pursuant to the debtor’s security agreement;
c. The collateral is a certificated security in registered form and the security certificate has been delivered to the secured party under N.C. Gen. Stat. § 25-8-301 pursuant to the debtor’s security agreement; or
d. The collateral is deposit accounts, electronic chattel paper, investment property, letter-of-credit rights, or electronic documents, and the secured party has control under N.C. Gen. Stat. § 25-7-106, 25-9-104, 25-9-105, 25-9-106, or 25-9-107 pursuant to the debtor’s security agreement.
(c) Other UCC provisions. – Subsection (b) of this section is subject to N.C. Gen. Stat. § 25-4-208 on the security interest of a collecting bank, N.C. Gen. Stat. § 25-5-118 on the security interest of a letter-of-credit issuer or nominated person, N.C. Gen. Stat. § 25-9-110 on a security interest arising under Article 2 or 2A of this Chapter, and N.C. Gen. Stat. § 25-9-206 on security interests in investment property.
(d) When person becomes bound by another person’s security agreement. – A person becomes bound as debtor by a security agreement entered into by another person if, by operation of law other than this Article or by contract:
(1) The security agreement becomes effective to create a security interest in the person’s property; or
(2) The person becomes generally obligated for the obligations of the other person, including the obligation secured under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person.
(e) Effect of new debtor becoming bound. – If a new debtor becomes bound as debtor by a security agreement entered into by another person:
(1) The agreement satisfies subdivision (b)(3) of this section with respect to existing or after-acquired property of the new debtor to the extent the property is described in the agreement; and
(2) Another agreement is not necessary to make a security interest in the property enforceable.
(f) Proceeds and supporting obligations. – The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by N.C. Gen. Stat. § 25-9-315 and is also attachment of a security interest in a supporting obligation for the collateral.
(g) Lien securing right to payment. – The attachment of a security interest in a right to payment or performance secured by a security interest or other lien on personal or real property is also attachment of a security interest in the security interest, mortgage, or other lien.
(h) Security entitlement carried in securities account. – The attachment of a security interest in a securities account is also attachment of a security interest in the security entitlements carried in the securities account.
(i) Commodity contracts carried in commodity account. – The attachment of a security interest in a commodity account is also attachment of a security interest in the commodity contracts carried in the commodity account. (1997-181, s. 5; 2000-169, s. 1; 2006-112, s. 45.)