30-9A-316. Continued perfection of security interest following change in applicable law.
30-9A-316. Continued perfection of security interest following change in applicable law. (1) A security interest perfected pursuant to the law of the jurisdiction designated in 30-9A-301(1) or 30-9A-305(3) remains perfected until the earliest of:
(a) the time perfection would have ceased under the law of that jurisdiction;
(b) the expiration of 4 months after a change of the debtor's location to another jurisdiction;
(c) the expiration of 1 year after a transfer of collateral to a person that thereby becomes a debtor and is located in another jurisdiction; or
(d) the expiration of 1 year after a new debtor located in another jurisdiction becomes bound under 30-9A-203(4).
(2) If a security interest described in subsection (1) becomes perfected under the law of the other jurisdiction before the earliest time or event described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earliest time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
(3) A possessory security interest in collateral, other than goods covered by a certificate of title and as-extracted collateral consisting of goods, remains continuously perfected if:
(a) the collateral is located in one jurisdiction and subject to a security interest perfected under the law of that jurisdiction;
(b) thereafter the collateral is brought into another jurisdiction; and
(c) upon entry into the other jurisdiction, the security interest is perfected under the law of the other jurisdiction.
(4) Except as otherwise provided in subsection (5), a security interest in goods covered by a certificate of title that is perfected by any method under the law of another jurisdiction when the goods become covered by a certificate of title from this state remains perfected until the security interest would have become unperfected under the law of the other jurisdiction had the goods not become so covered.
(5) A security interest described in subsection (4) becomes unperfected as against a purchaser of the goods for value and is deemed never to have been perfected as against a purchaser of the goods for value if the applicable requirements for perfection under 30-9A-311(2) or 30-9A-313 are not satisfied before the earlier of:
(a) the time the security interest would have become unperfected under the law of the other jurisdiction had the goods not become covered by a certificate of title from this state; or
(b) the expiration of 4 months after the goods had become so covered.
(6) A security interest in a deposit account, letter-of-credit right, or investment property that is perfected under the law of the bank's jurisdiction, the issuer's jurisdiction, a nominated person's jurisdiction, the securities intermediary's jurisdiction, or the commodity intermediary's jurisdiction, as applicable, remains perfected until the earlier of:
(a) the time perfection would have ceased under the law of the first jurisdiction; or
(b) the expiration of 4 months after a change of the applicable jurisdiction.
(7) If a security interest described in subsection (6) becomes perfected under the law of the other jurisdiction before the earlier of the time or the end of the period described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier of that time or the end of that period, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
History: En. Sec. 35, Ch. 305, L. 1999; Sec. 30-9-336, MCA 1999; redes. 30-9A-316 by Code Commissioner, 2001.