Arkansas Code
Subpart 3 - Priority
§ 4-9-322. Priorities among conflicting security interests in and agricultural liens on same collateral

(a) Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules:
(1) Conflicting perfected security interests and agricultural liens 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 or agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection.
(2) A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien.
(3) The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected.

(b) For the purposes of subsection (a)(1):
(1) the time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and
(2) the time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation.

(c) Except as otherwise provided in subsection (f), a security interest in collateral which qualifies for priority over a conflicting security interest under § 4-9-327, § 4-9-328, § 4-9-329, § 4-9-330, or § 4-9-331 also has priority over a conflicting security interest in:
(1) any supporting obligation for the collateral; and
(2) proceeds of the collateral if:
(A) the security interest in proceeds is perfected;
(B) the proceeds are cash proceeds or of the same type as the collateral; and
(C) in the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral.


(d) Subject to subsection (e) and except as otherwise provided in subsection (f), if a security interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property, or letter-of-credit rights is perfected by a method other than filing, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing.
(e) Subsection (d) applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property, or letter-of-credit rights.
(f) Subsections (a)-(e) are subject to:
(1) subsection (g) and the other provisions of this part;
(2) § 4-4-210 with respect to a security interest of a collecting bank;
(3) § 4-5-118 with respect to a security interest of an issuer or nominated person; and
(4) § 4-9-110 with respect to a security interest arising under Chapter 2 or Chapter 2A.

(g) A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides.

Structure Arkansas Code

Arkansas Code

Title 4 - Business and Commercial Law

Subtitle 1 - Uniform Commercial Code

Chapter 9 - Secured Transactions

Part 3 - Perfection and Priority

Subpart 3 - Priority

§ 4-9-317. Interests that take priority over or take free of security interest or agricultural lien

§ 4-9-318. No interest retained in right to payment that is sold — Rights and title of seller of account or chattel paper with respect to creditors and purchasers

§ 4-9-319. Rights and title of consignee with respect to creditors and purchasers

§ 4-9-320. Buyer of goods

§ 4-9-321. Licensee of general intangible and lessee of goods in ordinary course of business

§ 4-9-322. Priorities among conflicting security interests in and agricultural liens on same collateral

§ 4-9-323. Future advances

§ 4-9-324. Priority of purchase-money security interests

§ 4-9-325. Priority of security interests in transferred collateral

§ 4-9-326. Priority of security interests created by new debtor

§ 4-9-327. Priority of security interests in deposit account

§ 4-9-328. Priority of security interests in investment property

§ 4-9-329. Priority of security interests in letter-of-credit right

§ 4-9-330. Priority of purchaser of chattel paper or instrument

§ 4-9-331. Priority of rights of purchasers of instruments, documents, and securities under other chapters — Priority of interests in financial assets and security entitlements under Chapter 8

§ 4-9-332. Transfer of money — Transfer of funds from deposit account

§ 4-9-333. Priority of certain liens arising by operation of law

§ 4-9-334. Priority of security interests in fixtures and crops

§ 4-9-335. Accessions

§ 4-9-336. Commingled goods

§ 4-9-337. Priority of security interests in goods covered by certificate of title

§ 4-9-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information

§ 4-9-339. Priority subject to subordination