Sec. 313. (a) Except as otherwise provided in subsection (b), a secured party may perfect a security interest in tangible negotiable documents, goods, instruments, money, or tangible chattel paper by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under IC 26-1-8.1-301.
(b) With respect to goods covered by a certificate of title issued by this state, a secured party may perfect a security interest in the goods by taking possession of the goods only in the circumstances described in IC 26-1-9.1-316(e).
(c) With respect to collateral other than certificated securities and goods covered by a document, a secured party takes possession of collateral in the possession of a person other than the debtor, the secured party, or a lessee of the collateral from the debtor in the ordinary course of the debtor's business, when:
(1) the person in possession authenticates a record acknowledging that it holds possession of the collateral for the secured party's benefit; or
(2) the person takes possession of the collateral after having authenticated a record acknowledging that it will hold possession of collateral for the secured party's benefit.
(d) If perfection of a security interest depends upon possession of the collateral by a secured party, perfection occurs not earlier than the time the secured party takes possession and continues only while the secured party retains possession.
(e) A security interest in a certificated security in registered form is perfected by delivery when delivery of the certificated security occurs under IC 26-1-8.1-301 and remains perfected by delivery until the debtor obtains possession of the security certificate.
(f) A person in possession of collateral is not required to acknowledge that it holds possession for a secured party's benefit.
(g) If a person acknowledges that it holds possession for the secured party's benefit:
(1) the acknowledgment is effective under subsection (c) or IC 26-1-8.1-301(a), even if the acknowledgment violates the rights of a debtor; and
(2) unless the person otherwise agrees or a law other than IC 26-1-9.1 otherwise provides, the person does not owe any duty to the secured party and is not required to confirm the acknowledgment to another person.
(h) A secured party having possession of collateral does not relinquish possession by delivering the collateral to a person other than the debtor or a lessee of the collateral from the debtor in the ordinary course of the debtor's business if the person was instructed before the delivery or is instructed contemporaneously with the delivery:
(1) to hold possession of the collateral for the secured party's benefit; or
(2) to redeliver the collateral to the secured party.
(i) A secured party does not relinquish possession, even if a delivery under subsection (h) violates the rights of a debtor. A person to which collateral is delivered under subsection (h) does not owe any duty to the secured party and is not required to confirm the delivery to another person unless the person otherwise agrees or law other than IC 26-1-9.1 otherwise provides.
As added by P.L.57-2000, SEC.45. Amended by P.L.143-2007, SEC.72.
Structure Indiana Code
Article 1. Uniform Commercial Code
Chapter 9.1. Secured Transactions
26-1-9.1-102. Definitions and Index of Definitions
26-1-9.1-102.5. "Take Free"; "Takes Free"; "Takes the Money Free"; "Takes the Funds Free"
26-1-9.1-103. Purchase-Money Security Interest; Application of Payment; Burden of Establishing
26-1-9.1-104. Control of Deposit Account
26-1-9.1-105. Control of Electronic Chattel Paper
26-1-9.1-106. Control of Investment Property
26-1-9.1-107. Control of Letter-of-Credit Right
26-1-9.1-108. Sufficiency of Description
26-1-9.1-110. Security Interests Arising Under Ic 26-1-2 or Ic 26-1-2.1
26-1-9.1-201. General Effectiveness of Security Agreement
26-1-9.1-202. Title to Collateral Immaterial
26-1-9.1-204. After-Acquired Property; Future Advances
26-1-9.1-205. Use or Disposition of Collateral Permissible
26-1-9.1-206. Security Interest Arising in Purchase or Delivery of Financial Asset
26-1-9.1-207. Rights and Duties of Secured Party Having Possession or Control of Collateral
26-1-9.1-208. Additional Duties of Secured Party Having Control of Collateral
26-1-9.1-209. Duties of Secured Party if Account Debtor Has Been Notified of Assignment
26-1-9.1-210. Request for Accounting; Request Regarding List of Collateral or Statement of Account
26-1-9.1-301. Law Governing Perfection and Priority of Security Interests
26-1-9.1-302. Law Governing Perfection and Priority of Agricultural Liens
26-1-9.1-304. Law Governing Perfection and Priority of Security Interests in Deposit Accounts
26-1-9.1-305. Law Governing Perfection and Priority of Security Interests in Investment Property
26-1-9.1-306. Law Governing Perfection and Priority of Security Interests in Letter-of-Credit Rights
26-1-9.1-307. Location of Debtor
26-1-9.1-308. When Security Interest or Agricultural Lien Is Perfected; Continuity of Perfection
26-1-9.1-309. Security Interest Perfected Upon Attachment
26-1-9.1-314. Perfection by Control
26-1-9.1-315. Secured Party's Rights on Disposition of Collateral and in Proceeds
26-1-9.1-316. Continued Perfection of Security Interest Following Change in Governing Law
26-1-9.1-319. Rights and Title of Consignee With Respect to Creditors and Purchasers
26-1-9.1-321. Licensee of General Intangible and Lessee of Goods in Ordinary Course of Business
26-1-9.1-324. Priority of Purchase-Money Security Interests
26-1-9.1-325. Priority of Security Interests in Transferred Collateral
26-1-9.1-326. Priority of Security Interests Created by New Debtor
26-1-9.1-327. Priority of Security Interests in Deposit Account
26-1-9.1-328. Priority of Security Interests in Investment Property
26-1-9.1-329. Priority of Security Interests in Letter-of-Credit Rights
26-1-9.1-330. Priority of Purchases of Chattel Paper or Instrument
26-1-9.1-332. Transfer of Money; Transfer of Funds From Deposit Account
26-1-9.1-333. Priority of Certain Liens Arising by Operation of Law
26-1-9.1-334. Priority of Security Interests in Fixtures and Crops
26-1-9.1-336. Commingled Goods
26-1-9.1-337. Priority of Security Interests in Goods Covered by Certificate of Title
26-1-9.1-339. Priority Subject to Subordination
26-1-9.1-340. Effectiveness of Right of Recoupment or Setoff Against Deposit Account
26-1-9.1-341. Bank's Rights and Duties With Respect to Deposit Account
26-1-9.1-342. Bank's Right to Refuse to Enter Into or Disclose Existence of Control Agreement
26-1-9.1-401. Alienability of Debtor's Rights
26-1-9.1-402. Secured Party Not Obligated on Contract of Debtor or in Tort
26-1-9.1-403. Agreement Not to Assert Defenses Against Assignee
26-1-9.1-404. Rights Acquired by Assignee; Claims and Defenses Against Assignee
26-1-9.1-405. Modification of Assigned Contract
26-1-9.1-409. Restrictions on Assignment of Letter-of-Credit Rights Ineffective
26-1-9.1-503. Name of Debtor and Secured Party
26-1-9.1-504. Indication of Collateral
26-1-9.1-506. Effect of Errors or Omissions
26-1-9.1-507. Effect of Certain Events on Effectiveness of Financing Statement
26-1-9.1-508. Effectiveness of Financing Statement if New Debtor Becomes Bound by Security Agreement
26-1-9.1-509. Persons Entitled to File a Record
26-1-9.1-510. Effectiveness of Filed Record
26-1-9.1-511. Secured Party of Record
26-1-9.1-512. Amendment of Financing Statement
26-1-9.1-513. Termination Statement
26-1-9.1-514. Assignment of Powers of Secured Party of Record
26-1-9.1-516. What Constitutes Filing; Effectiveness of Filing
26-1-9.1-517. Effect of Indexing Errors
26-1-9.1-518. Claim Concerning Inaccurate or Wrongfully Filed Record
26-1-9.1-520. Acceptance and Refusal to Accept Record
26-1-9.1-521. Written Record Filing; Format
26-1-9.1-522. Maintenance and Destruction of Records
26-1-9.1-523. Information From Filing Office; Sale or License of Records
26-1-9.1-524. Delay by Filing Office
26-1-9.1-526. Filing—office Rules
26-1-9.1-602. Waiver and Variance of Rights and Duties
26-1-9.1-603. Agreement on Standards Concerning Rights and Duties
26-1-9.1-604. Procedure if Security Agreement Covers Real Property or Fixtures
26-1-9.1-605. Unknown Debtor or Secondary Obligor
26-1-9.1-606. Time of Default for Agricultural Lien
26-1-9.1-607. Collection and Enforcement by Secured Party
26-1-9.1-609. Secured Party's Right to Take Possession After Default
26-1-9.1-610. Disposition of Collateral After Default
26-1-9.1-611. Notification Before Disposition of Collateral
26-1-9.1-612. Timeliness of Notification Before Disposition of Collateral
26-1-9.1-613. Contents and Form of Notification Before Disposition of Collateral; General
26-1-9.1-615. Application of Proceeds of Disposition; Liability for Deficiency and Right to Surplus
26-1-9.1-616. Explanation of Calculation of Surplus or Deficiency
26-1-9.1-617. Rights of Transferee of Collateral
26-1-9.1-618. Rights and Duties of Certain Secondary Obligors
26-1-9.1-619. Transfer of Record or Legal Title
26-1-9.1-621. Notification of Proposal to Accept Collateral
26-1-9.1-622. Effect of Acceptance of Collateral
26-1-9.1-623. Right to Redeem Collateral
26-1-9.1-625. Remedies for Secured Party's Failure to Comply With Chapter
26-1-9.1-626. Action in Which Deficiency or Surplus Is in Issue
26-1-9.1-627. Determination of Whether Conduct Was Commercially Reasonable
26-1-9.1-703. Security Interest Perfected Before Effective Date
26-1-9.1-704. Security Interest Unperfected Before Effective Date
26-1-9.1-705. Effectiveness of Action Taken Before Effective Date
26-1-9.1-706. Filing of Initial Financing Statement; Effectiveness of Financing Statement
26-1-9.1-707. Pre-Effective-Date Financing Statement
26-1-9.1-708. Persons Entitled to File Initial Financing Statement or Continuation Statement
26-1-9.1-801. Transactions or Liens Entered Into or Created Before July 1, 2013
26-1-9.1-802. Security Interest Perfected Before July 1, 2013
26-1-9.1-803. Security Interest Unperfected Before July 1, 2013
26-1-9.1-804. Effectiveness of Action Taken Before July 1, 2013
26-1-9.1-806. Amendment of Financing Statement Filed Before July 1, 2013
26-1-9.1-807. Person Entitled to File Initial Financing Statement or Continuation Statement
26-1-9.1-902. Judicial Reviews of Financing Statements; Pro Se Motions