Washington Code 62A.9A-310 – When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply
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(a) General rule: Perfection by filing. Except as otherwise provided in subsections (b) and (d) of this section and RCW 62A.9A-312(b), a financing statement must be filed to perfect all security interests and agricultural liens.
Terms Used In Washington Code 62A.9A-310
- Lien: A claim against real or personal property in satisfaction of a debt.
- Statute: A law passed by a legislature.
(b) Exceptions: Filing not necessary. The filing of a financing statement is not necessary to perfect a security interest:
(1) That is perfected under RCW 62A.9A-308 (d), (e), (f), or (g);
(2) That is perfected under RCW 62A.9A-309 when it attaches;
(3) In property subject to a statute, regulation, or treaty described in RCW 62A.9A-311(a);
(4) In goods in possession of a bailee which is perfected under RCW 62A.9A-312(d) (1) or (2);
(5) In certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under RCW 62A.9A-312 (e), (f), or (g);
(6) In collateral in the secured party’s possession under RCW 62A.9A-313;
(7) In a certificated security which is perfected by delivery of the security certificate to the secured party under RCW 62A.9A-313;
(8) In deposit accounts, electronic chattel paper, electronic documents, investment property, or letter-of-credit rights which is perfected by control under RCW 62A.9A-314;
(9) In proceeds which is perfected under RCW 62A.9A-315; or
(10) That is perfected under RCW 62A.9A-316.
(c) Assignment of perfected security interest. If a secured party assigns a perfected security interest or agricultural lien, a filing under this Article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
(d) Further exception: Filing not necessary for handler’s lien. The filing of a financing statement is not necessary to perfect the agricultural lien of a handler on orchard crops as provided in RCW 60.11.020(3).
[ 2012 c 214 § 1508; (2012 c 214 § 1507 expired July 1, 2013); 2011 c 74 § 709; 2000 c 250 § 9A-310.]
NOTES:
Effective date—2012 c 214 §§ 902, 1403, 1502, 1508, 1511, 1514, 1516, and 1518: See note following RCW 62A.2A-103.
Expiration date—2012 c 214 §§ 901, 1402, 1501, 1507, 1510, 1513, 1515, and 1517: See note following RCW 62A.2A-103.
Application—Savings—2012 c 214: See notes following RCW 62A.1-101.
Application—Effective date—2011 c 74: See notes following RCW 62A.9A-102.
PDFRCW 62A.9A-310
When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply. (Effective January 1, 2024.)
(a) General rule: Perfection by filing. Except as otherwise provided in subsections (b) and (d) of this section and RCW 62A.9A-312(b), a financing statement must be filed to perfect all security interests and agricultural liens.
(b) Exceptions: Filing not necessary. The filing of a financing statement is not necessary to perfect a security interest:
(1) That is perfected under RCW 62A.9A-308 (d), (e), (f), or (g);
(2) That is perfected under RCW 62A.9A-309 when it attaches;
(3) In property subject to a statute, regulation, or treaty described in RCW 62A.9A-311(a);
(4) In goods in possession of a bailee which is perfected under RCW 62A.9A-312(d) (1) or (2);
(5) In certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under RCW 62A.9A-312 (e), (f), or (g);
(6) In collateral in the secured party’s possession under RCW 62A.9A-313;
(7) In a certificated security which is perfected by delivery of the security certificate to the secured party under RCW 62A.9A-313;
(8) In controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, or letter-of-credit rights which is perfected by control under RCW 62A.9A-314;
(8.1) In chattel paper which is perfected by possession and control under RCW 62A.9A-3141;
(9) In proceeds which is perfected under RCW 62A.9A-315; or
(10) That is perfected under RCW 62A.9A-316.
(c) Assignment of perfected security interest. If a secured party assigns a perfected security interest or agricultural lien, a filing under this Article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
(d) Further exception: Filing not necessary for handler’s lien. The filing of a financing statement is not necessary to perfect the agricultural lien of a handler on orchard crops as provided in RCW 60.11.020(3).
[ 2023 c 266 § 918; 2012 c 214 § 1508; (2012 c 214 § 1507 expired July 1, 2013); 2011 c 74 § 709; 2000 c 250 § 9A-310.]
NOTES:
Construction—Effective date—2023 c 266: See notes following RCW 62A.12-101.
Effective date—2012 c 214 §§ 902, 1403, 1502, 1508, 1511, 1514, 1516, and 1518: See note following RCW 62A.2A-103.
Expiration date—2012 c 214 §§ 901, 1402, 1501, 1507, 1510, 1513, 1515, and 1517: See note following RCW 62A.2A-103.
Application—Savings—2012 c 214: See notes following RCW 62A.1-101.
Application—Effective date—2011 c 74: See notes following RCW 62A.9A-102.