Maryland Statutes
Subtitle 3 - Perfection and Priority
Section 9-316 - Continued Perfection of Security Interest Following Change in Governing Law

(a)    A security interest perfected pursuant to the law of the jurisdiction designated in § 9–301(1) or § 9–305(c) remains perfected until the earliest of:
        (1)    The time perfection would have ceased under the law of that jurisdiction;
        (2)    The expiration of four months after a change of the debtor’s location to another jurisdiction; or
        (3)    The expiration of one year after a transfer of collateral to a person that thereby becomes a debtor and is located in another jurisdiction.
    (b)    If a security interest described in subsection (a) becomes perfected under the law of the other jurisdiction before the earliest time or event described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earliest time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
    (c)    A possessory security interest in collateral, other than goods covered by a certificate of title and as–extracted collateral consisting of goods, remains continuously perfected if:
        (1)    The collateral is located in one jurisdiction and subject to a security interest perfected under the law of that jurisdiction;
        (2)    Thereafter the collateral is brought into another jurisdiction; and
        (3)    Upon entry into the other jurisdiction, the security interest is perfected under the law of the other jurisdiction.
    (d)    Except as otherwise provided in subsection (e), a security interest in goods covered by a certificate of title which is perfected by any method under the law of another jurisdiction when the goods become covered by a certificate of title from this State remains perfected until the security interest would have become unperfected under the law of the other jurisdiction had the goods not become so covered.
    (e)    A security interest described in subsection (d) becomes unperfected as against a purchaser of the goods for value and is deemed never to have been perfected as against a purchaser of the goods for value if the applicable requirements for perfection under § 9–311(b) or § 9–313 are not satisfied before the earlier of:
        (1)    The time the security interest would have become unperfected under the law of the other jurisdiction had the goods not become covered by a certificate of title from this State; or
        (2)    The expiration of four months after the goods had become so covered.
    (f)    A security interest in deposit accounts, letter–of–credit rights, or investment property which is perfected under the law of the bank’s jurisdiction, the issuer’s jurisdiction, a nominated person’s jurisdiction, the securities intermediary’s jurisdiction, or the commodity intermediary’s jurisdiction, as applicable, remains perfected until the earlier of:
        (1)    The time the security interest would have become unperfected under the law of that jurisdiction; or
        (2)    The expiration of four months after a change of the applicable jurisdiction to another jurisdiction.
    (g)    If a security interest described in subsection (f) becomes perfected under the law of the other jurisdiction before the earlier of the time or the end of the period described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier of that time or the end of that period, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
    (h)    The following rules apply to collateral to which a security interest attaches within four months after the debtor changes its location to another jurisdiction:
        (1)    A financing statement filed before the change pursuant to the law of the jurisdiction designated in § 9–301(1) or § 9–305(c) is effective to perfect a security interest in the collateral if the financing statement would have been effective to perfect a security interest in the collateral had the debtor not changed its location;
        (2)    If a security interest perfected by a financing statement that is effective under paragraph (1) becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in § 9–301(1) or § 9–305(c) or the expiration of the four–month period, it remains perfected thereafter; and
        (3)    If the security interest does not become perfected under the law of the other jurisdiction before the earlier time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
    (i)    If a financing statement naming an original debtor is filed pursuant to the law of the jurisdiction designated in § 9–301(1) or § 9–305(c) and the new debtor is located in another jurisdiction, the following rules apply:
        (1)    The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under § 9–203(d), if the financing statement would have been effective to perfect a security interest in the collateral had the collateral been acquired by the original debtor;
        (2)    A security interest perfected by the financing statement and which becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in § 9–301(1) or § 9–305(c) or the expiration of the four–month period remains perfected thereafter; and
        (3)    A security interest that is perfected by the financing statement but which does not become perfected under the law of the other jurisdiction before the earlier time or event becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

Structure Maryland Statutes

Maryland Statutes

Commercial Law

Title 9 - Secured Transactions

Subtitle 3 - Perfection and Priority

Section 9-301 - Law Governing Perfection and Priority of Security Interests

Section 9-302 - Law Governing Perfection and Priority of Agricultural Liens

Section 9-303 - Law Governing Perfection and Priority of Security Interests in Goods Covered by Certificate of Title

Section 9-304 - Law Governing Perfection and Priority of Security Interests in Deposit Accounts

Section 9-305 - Law Governing Perfection and Priority of Security Interests in Investment Property

Section 9-306 - Law Governing Perfection and Priority of Security Interests in Letter-of-Credit Rights

Section 9-307 - Location of Debtor

Section 9-308 - When Security Interest or Agricultural Lien Is Perfected; Continuity of Perfection

Section 9-309 - Security Interest Perfected Upon Attachment

Section 9-310 - When Filing Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions Do Not Apply

Section 9-311 - Perfection of Security Interests in Property Subject to Certain Statutes, Regulations, and Treaties

Section 9-312 - Perfection of Security Interests in Chattel Paper, Deposit Accounts, Documents, Goods Covered by Documents, Instruments, Investment Property, Letter-of-Credit Rights, and Money; Perfection by Permissive Filing; Temporary Perfection Wi...

Section 9-313 - When Possession by or Delivery to Secured Party Perfects Security Interest Without Filing

Section 9-314 - Perfection by Control

Section 9-315 - Secured Party's Rights on Disposition of Collateral and in Proceeds

Section 9-316 - Continued Perfection of Security Interest Following Change in Governing Law

Section 9-317 - Interests That Take Priority Over or Take Free of Unperfected Security Interest or Agricultural Lien

Section 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

Section 9-319 - Rights and Title of Consignee With Respect to Creditors and Purchasers

Section 9-320 - Buyer of Goods

Section 9-321 - Licensee of General Intangible and Lessee of Goods in Ordinary Course of Business

Section 9-322 - Priorities Among Conflicting Security Interests in and Agricultural Liens on Same Collateral

Section 9-323 - Future Advances

Section 9-324 - Priority of Purchase-Money Security Interests

Section 9-325 - Priority of Security Interests in Transferred Collateral

Section 9-326 - Priority of Security Interests Created by New Debtor

Section 9-327 - Priority of Security Interests in Deposit Account

Section 9-328 - Priority of Security Interests in Investment Property

Section 9-329 - Priority of Security Interests in Letter-of-Credit

Section 9-330 - Priority of Purchaser of Chattel Paper or Instrument

Section 9-331 - Priority of Rights of Purchasers of Instruments, Documents, and Securities Under Other Articles; Priority of Interests in Financial Assets and Security Entitlements Under Title 8

Section 9-332 - Transfer of Money; Transfer of Funds From Deposit Account

Section 9-333 - Priority of Certain Liens Arising by Operation of Law

Section 9-334 - Priority of Security Interests in Fixtures and Crops

Section 9-335 - Accessions

Section 9-336 - Commingled Goods

Section 9-337 - Priority of Security Interests in Goods Covered by Certificate of Title

Section 9-338 - Priority of Security Interest or Agricultural Lien Perfected by Filed Financing Statement Providing Certain Incorrect Information

Section 9-339 - Priority Subject to Subordination

Section 9-340 - Effectiveness of Right of Recoupment or Set-Off Against Deposit Account

Section 9-341 - Bank's Rights and Duties With Respect to Deposit Account

Section 9-342 - Bank's Right to Refuse to Enter Into or Disclose Existence of Control Agreement