Current through the 2024 legislative session
Section 34.1-9-311 - Perfection of security interests in property subject to certain statutes, regulations and treaties(a) Except as otherwise provided in subsection (d), the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:(i) A statute, regulation or treaty of the United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt section 34.1-9-310(a);(ii) The following statutes of this state: W.S. 31-2-101 through 31-2-105;(iii) A statute of another jurisdiction which provides for a security interest to be indicated on a certificate of title as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the property.(b) Compliance with the requirements of a statute, regulation or treaty described in subsection (a) for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this article. Except as otherwise provided in subsection (d) and sections 34.1-9-313 and 34.1-9-316(d) and (e) for goods covered by a certificate of title, a security interest in property subject to a statute, regulation or treaty described in subsection (a) may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.(c) Except as otherwise provided in subsection (d) and section 34.1-9-316(d) and (e), duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation, or treaty described in subsection (a) are governed by the statute, regulation or treaty. In other respects, the security interest is subject to this article.(d) During any period in which collateral subject to a statute specified in subsection (a)(ii) of this section is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this section does not apply to a security interest in that collateral created by that person.Amended by Laws 2013 , ch. 8, § 2, eff. 7/1/2013.Amended by Laws 2012 , ch. 32, § 1, eff. 3/8/2012.