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Session Laws, 1980
Volume 739, Page 2883   View pdf image
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HARRY HUGHES, Governor

2883

(a)  To any transaction (regardless of its form)
which is intended to create a security interest in personal
property or fixtures including goods, documents,
instruments, general intangibles, chattel paper[,] OR
accounts [or contract rights]; and also

(b)  To any sale of accounts[, contract rights]
or chattel paper.

(2)  This title applies to security interests created
by contract including pledge, assignment, chattel mortgage,
chattel trust, trust deed, factor's lien, equipment trust,
conditional sale, trust receipt, other lien or title
retention contract and lease or consignment intended as
security. This title does not apply to statutory liens
except as provided in § 9-310.

(3)  The application of this title to a security
interest in a secured obligation is not affected by the fact
that the obligation is itself secured by a transaction or
interest to which this title does not apply.

9-103.

[(1) If the office where the assignor of accounts or
contract rights keeps his records concerning them is in this
State, the validity and perfection of a security interest
therein and the possibility and effect of proper filing is
governed by this title; otherwise by the law (including the
conflict of laws rules) of the jurisdiction where such
office is located.]

[(2) If the chief place of business of a debtor is in
this State, this title governs the validity and perfection
of a security interest and the possibility and effect of
proper filing with regard to general intangibles or with
regard to goods of a type which are normally used in more
than one jurisdiction (such as automotive equipment, rolling
stock, airplanes, road building equipment, commercial
harvesting equipment, construction machinery and the like)
if such goods are classified as equipment or classified as
inventory by reason of their being leased by the debtor to
others. Otherwise, the law (including the conflict of laws
rules) of the jurisdiction where such chief place of
business is located shall govern. If the chief place of
business is located in a jurisdiction which does not provide
for perfection of the security interest by filing or
recording in that jurisdiction, then the security interest
may be perfected by filing in this State. For the purpose of
determining the validity and perfection of a security
interest in an airplane, the chief place of business of a
debtor who is a foreign air carrier under the Federal
Aviation Act of 1958, as amended, is the designated office
of the agent upon whom service of process may be made on
behalf of the debtor.]

 

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Session Laws, 1980
Volume 739, Page 2883   View pdf image
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