Also known as:perfected security interests · perfected SI
Written by attorneys · grounded in primary & secondary sources — see below
A security interest that complies with the statutory requirements for achieving priority over a trustee in bankruptcy and unperfected interests. A perfected interest may also have priority over another interest that was perfected later in time.
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How it applies
Common Examples
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First to File Wins Priority
Precision Tools extends credit to Pioneer Energy and files a financing statement covering equipment on March 1. Progressive Healthcare later extends credit to the same debtor and files a financing statement on the same equipment on April 15. When Pioneer defaults, Precision Tools holds the senior claim because its filing occurred first.
Perfected Beats Unperfected
Precision Tools obtains a security interest in inventory from Pioneer Energy and files a financing statement to perfect it. Progressive Healthcare later obtains a security interest in the same inventory but never files a financing statement. When Pioneer defaults, Precision Tools holds the senior claim over Progressive Healthcare.
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Practice Questions5
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Common questions
Frequently Asked
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How does a perfected security interest gain priority over an unperfected one?+
A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien under the UCC priority rules.
What happens when two perfected security interests conflict in the same collateral?+
Conflicting perfected security interests rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest is first perfected.
Does assignment of a perfected security interest require a new filing to maintain perfection?+
If a secured party assigns a perfected security interest, a filing under Article 9 is not required to continue the perfected status against creditors of and transferees from the original debtor.
When does a security interest in proceeds remain perfected?+
A security interest in proceeds is a perfected security interest if the security interest in the original collateral was perfected, subject to time limits that may cause it to become unperfected after twenty-one days unless additional steps are taken.
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