Sec. 42a-9-311. Perfection of security interests in property subject to certain statutes, regulations and treaties.
Sec. 42a-9-311. Perfection of security interests in property subject to certain
statutes, regulations and treaties. (a) Except as otherwise provided in subsection (d)
of this section, the filing of a financing statement is not necessary or effective to perfect
a security interest in property subject to:
(1) 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 subsection (a) of section 42a-9-310;
(2) Any certificate-of-title statute covering automobiles, trailers, mobile homes,
boats, farm tractors or the like, which provides for a security interest to be indicated on
the certificate as a condition or result of perfection, and any non-Uniform Commercial
Code filing statute, including chapter 247, section 21-67a, section 49-5, chapter 282
and chapter 283; or
(3) A certificate-of-title statute of another jurisdiction which provides for a security
interest to be indicated on the certificate 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) of this section 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) of this section, section 42a-9-313 and subsections (d) and
(e) of section 42a-9-316 for goods covered by a certificate of title, a security interest in
property subject to a statute, regulation or treaty described in subsection (a) of this
section 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) of this section and subsections
(d) and (e) of section 42a-9-316, 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) of this section 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 subdivision
(2) of subsection (a) 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.
(1959, P.A. 133, S. 9-311; P.A. 01-132, S. 31; P.A. 02-131, S. 99; P.A. 03-62, S. 4, 5.)
History: P.A. 01-132 replaced former provisions re the alienability of the debtor's rights in collateral with provisions
re the perfection of a security interest in property subject to certain statutes, regulations and treaties; P.A. 02-131 amended
Subsec. (d) by adding "or leasing"; P.A. 03-62 amended Subsec. (a)(2) to delete reference to a non-Uniform-Commercial-Code "central" filing statute and amended Subsec. (d) to delete reference to a person in the business of "leasing" goods
of that kind.