70A-9a-301 - Law governing perfection and priority of security interests.
70A-9a-301. Law governing perfection and priority of security interests.
Except as otherwise provided in Sections 70A-9a-303 through 70A-9a-306, the followingrules determine the law governing perfection, the effect of perfection or nonperfection, and thepriority of a security interest in collateral:
(1) Except as otherwise provided in this section, while a debtor is located in ajurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection ornonperfection, and the priority of a security interest in collateral.
(2) While collateral is located in a jurisdiction, the local law of that jurisdiction governsperfection, the effect of perfection or nonperfection, and the priority of a possessory securityinterest in that collateral.
(3) Except as otherwise provided in Subsection (4), while tangible negotiable documents,goods, instruments, money, or tangible chattel paper is located in a jurisdiction, the local law ofthat jurisdiction governs:
(a) perfection of a security interest in the goods by filing a fixture filing;
(b) perfection of a security interest in timber to be cut; and
(c) the effect of perfection or nonperfection and the priority of a nonpossessory securityinterest in the collateral.
(4) The local law of the jurisdiction in which the wellhead or minehead is locatedgoverns perfection, the effect of perfection or nonperfection, and the priority of a security interestin as-extracted collateral.
Amended by Chapter 42, 2006 General Session