Current through the 2024 Regular Session
Section 75-9-314 - Perfection by control(a) A security interest in investment property, deposit accounts, letter-of-credit rights, electronic chattel paper, or electronic documents may be perfected by control of the collateral under Section 75-7-106, 75-9-104, 75-9-105, 75-9-106 or 75-9-107.(b) A security interest in deposit accounts, electronic chattel paper, letter-of-credit rights, or electronic documents is perfected by control under Section 75-7-106, 75-9-104, 75-9-105 or 75-9-107 when the secured party obtains control and remains perfected by control only while the secured party retains control.(c) A security interest in investment property is perfected by control under Section 75-9-106 from the time the secured party obtains control and remains perfected by control until: (1) The secured party does not have control; and(2) One (1) 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.Former 1972 Code § 75-9-314 [Codes, 1942, § 41A:9-314; Laws, 1966, ch. 316, § 9-314 is now found in comparable provisions enacted at § 75-9-335 by Laws, 2001, ch. 495, § 1. Present § 75-9-314 was derived from 1972 Code § 75-8-106 [Laws, 1996, ch. 468, § 7] and former 1972 Code § 75-9-115; [Laws, 1996, ch. 468, § 59 and was enacted by Laws, 2001, ch. 495, § 1; Laws, 2006, ch. 527, § 67, eff. 7/1/2006.