Also known as: § 311 · 311
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A statutory provision that governs perfection of security interests in goods covered by a certificate-of-title statute. Compliance with the titling requirements perfects the interest and determines priority against other claimants.
A statutory provision that governs perfection of security interests in goods covered by a certificate-of-title statute. Compliance with the titling requirements perfects the interest and determines priority against other claimants.
Select any source to read its text and confirm it supports the definition.
A statutory provision that creates an exception to ordinary service rules in child-custody enforcement proceedings. It identifies when service on the respondent alone is insufficient and additional persons must be served.
Select any source to read its text and confirm it supports the definition.
A statutory provision that creates an exception to ordinary service rules in child-custody enforcement proceedings. It identifies when service on the respondent alone is insufficient and additional persons must be served.
Each sense below has its own examples, sources, and questions.
Sydney Santos buys a used car on credit from Southland Foods for personal use. Southland retains a purchase-money security interest. Because the car is subject to a certificate-of-title statute, Southland perfects its interest only by noting the lien on the title rather than by filing a financing statement.
Silverline Industries installs a new engine in a truck already subject to a perfected security interest noted on the certificate of title. The security interest in the engine as an accession is subordinate to the interest in the whole perfected under the certificate-of-title statute.
A nonprofit corporation produces a film critical of a political candidate and seeks to distribute it within the electioneering window. The corporation challenges statutory disclaimer and disclosure rules that apply to the broadcast.
Federal agents conduct a warrantless search of a private residence and seize property. The resident later sues the agents for damages arising from the alleged constitutional violation.
A newspaper publishes an advertisement containing factual errors about a city commissioner. The commissioner sues for libel and must prove actual malice to recover damages.
Automatic perfection under UCC § 9-309(1) does not apply when the consumer goods are subject to a certificate-of-title statute described in Section 9-311(a). In that situation the secured party must comply with the titling statute to perfect.
Supporting sources
Under UCC § 9-335(d) a security interest in an accession is subordinate to a security interest in the whole that is perfected by compliance with a certificate-of-title statute under Section 9-311(b). The title statute controls priority even if the accession interest attached first.
Supporting sources
After a divorce decree in State A awards Sarah Sullivan primary custody, her former spouse Gerald leaves the child with a trainer during a road trip. When Sarah seeks enforcement, the petition and order must be served on both Gerald and the trainer who currently exercises physical custody.
Section 309 requires service on the respondent and any person who has physical custody of the child, except as otherwise provided in Section 311. Failure to serve a person exercising physical custody can render the enforcement order ineffective against that person.
Supporting sources
…283 U. S. 359, 367-368; Williams v. North Carolina, 317 U. S. 287, 291-292; see Yates v. United States, 354 U. S. 298, 311-312; Cramer v. United States, 325 U. S. 1, 36, n. 45. Since respondent may seek a new trial, we deem that considerations of effective judicial administration require us to review the…