Current through the 2024 Legislative Session
Section 490:9-314 - Perfection by control(a) 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 control of the collateral under section 490:7-106, 490:9-104, 490:9-105.5, 490:9-106, 490:9-107, or 490:9-107.5.(b) A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, or letter-of-credit rights shall be deemed perfected by control under section 490:7-106, 490:9-104, 490:9-105.5, 490:9-107, or 490:9-107.5 no earlier than the time the secured party obtains control and shall be deemed to remain perfected by control only while the secured party retains control.(c) A security interest in investment property shall be deemed perfected by control under section 490:9-106 no earlier than the time the secured party obtains control and shall be deemed to remain perfected by control until: (1) The secured party does not have control; and(2) One of the following occurs:(A) If the collateral is a certificated security, the debtor has or acquires possession of the security certificate;(B) If the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or(C) If the collateral is a security entitlement, the debtor is or becomes the entitlement holder.Amended by L 2023, c 132,§ 49, eff. 6/29/2023. L 2000, c 241 , pt of §1; am L 2004, c 163, §29 .