Washington Code 62A.9A-204 – After-acquired property; future advances
Current as of: 2023 | Check for updates
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(a) After-acquired collateral. Except as otherwise provided in subsection (b) of this section, a security agreement may create or provide for a security interest in after-acquired collateral.
Terms Used In Washington Code 62A.9A-204
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) When after-acquired property clause not effective. A security interest does not attach, under a term constituting an after-acquired property clause, to:
(1) Consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within ten days after the secured party gives value; or
(2) A commercial tort claim.
(c) Future advances and other value. A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.
[2000 c 250 § 9A-204.]
PDFRCW 62A.9A-204
After-acquired property; future advances. (Effective January 1, 2024.)
(a) After-acquired collateral. Except as otherwise provided in subsection (b) of this section, a security agreement may create or provide for a security interest in after-acquired collateral.
(b) When after-acquired property clause not effective. Subject to subsection (b.1) of this section, a security interest does not attach, under a term constituting an after-acquired property clause, to:
(1) Consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within ten days after the secured party gives value; or
(2) A commercial tort claim.
(b.1) Limitation on subsection (b). Subsection (b) of this section does not prevent a security interest from attaching:
(1) To consumer goods as proceeds under RCW 62A.9A-315(a) or commingled goods under RCW 62A.9A-336(c);
(2) To a commercial tort claim as proceeds under RCW 62A.9A-315(a); or
(3) Under an after-acquired property clause to property that is proceeds of consumer goods or a commercial tort claim.
(c) Future advances and other value. A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.
[ 2023 c 266 § 908; 2000 c 250 § 9A-204.]
NOTES:
Construction—Effective date—2023 c 266: See notes following RCW 62A.12-101.