Montana Code Annotated
Part 3. Perfection and Priority
30-9A-307. Location of debtor

30-9A-307. Location of debtor. (1) In this section, "place of business" means a place where a debtor conducts its affairs.
(2) Except as otherwise provided in this section, the following rules determine a debtor's location:
(a) A debtor who is an individual is located at the individual's residence.
(b) A debtor that is an organization and has only one place of business is located at its place of business.
(c) A debtor that is an organization and has more than one place of business is located at its chief executive office.
(3) Subsection (2) applies only if a debtor's residence, place of business, or chief executive office, as applicable, is located in a jurisdiction whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording, or registration system as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection (2) does not apply, the debtor is located in the District of Columbia.
(4) A person that ceases to exist, have a residence, or have a place of business continues to be located in the jurisdiction specified by subsections (2) and (3).
(5) A registered organization that is organized under the law of a state is located in that state.
(6) Except as otherwise provided in subsection (9), a registered organization that is organized under the law of the United States and a branch or agency of a bank that is a registered organization and is not organized under the law of the United States or a state are located:
(a) in the state that the law of the United States designates, if the law designates a state of location;
(b) in the state that the registered organization, branch, or agency designates, if the law of the United States authorizes the registered organization, branch, or agency to designate its state of location, including by designating its main office, home office, or other comparable office; or
(c) in the District of Columbia, if subsection (6)(a) or (6)(b) does not apply.
(7) A registered organization continues to be located in the jurisdiction specified by subsection (5) or (6) notwithstanding:
(a) the suspension, revocation, forfeiture, or lapse of the registered organization's status as such in its jurisdiction of organization; or
(b) the dissolution, winding up, or cancellation of the existence of the registered organization.
(8) The United States is located in the District of Columbia.
(9) A branch or agency of a bank that is not organized under the law of the United States or a state is located in the state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state.
(10) A foreign air carrier under the Federal Aviation Act of 1958, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier.
(11) This section applies only for purposes of this part.
History: En. Sec. 26, Ch. 305, L. 1999; Sec. 30-9-327, MCA 1999; redes. 30-9A-307 by Code Commissioner, 2001; amd. Sec. 4, Ch. 75, L. 2013.

Structure Montana Code Annotated

Montana Code Annotated

Title 30. Trade and Commerce

Chapter 9A. Uniform Commercial Code Secured Transactions

Part 3. Perfection and Priority

30-9A-301. Law governing perfection and priority of security interests

30-9A-302. Law governing perfection and priority of agricultural liens

30-9A-303. Law governing perfection and priority of security interests in goods covered by a certificate of title

30-9A-304. Law governing perfection and priority of security interests in deposit accounts

30-9A-305. Law governing perfection and priority of security interests in investment property

30-9A-306. Law governing perfection and priority of security interests in letter-of-credit rights

30-9A-307. Location of debtor

30-9A-308. When security interest or agricultural lien is perfected -- continuity of perfection

30-9A-309. Security interest perfected on attachment

30-9A-310. When filing required to perfect security interest or agricultural lien -- security interests and agricultural liens to which filing provisions do not apply

30-9A-311. Perfection of security interests in property subject to certain statutes, regulations, and treaties

30-9A-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 wit...

30-9A-313. When possession by or delivery to secured party perfects security interest without filing

30-9A-314. Perfection by control

30-9A-315. Secured party's rights on disposition of collateral and in proceeds

30-9A-316. Effect of change in applicable law

30-9A-317. Interests that take priority over or take free of security interest or agricultural lien

30-9A-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

30-9A-319. Rights and title of consignee with respect to creditors and purchasers

30-9A-320. Buyer of goods

30-9A-321. Licensee of general intangible and lessee of goods in ordinary course of business

30-9A-322. Priorities among conflicting security interests and agricultural liens in same collateral

30-9A-323. Future advances

30-9A-324. Priority of purchase-money security interests

30-9A-325. Priority of security interests in transferred collateral

30-9A-326. Priority of security interests created by new debtor

30-9A-327. Priority of security interests in deposit account

30-9A-328. Priority of security interests in investment property

30-9A-329. Priority of security interests in letter-of-credit right

30-9A-330. Purchase of chattel paper or instrument

30-9A-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

30-9A-332. Transfer of money -- transfer of funds from deposit account

30-9A-333. Priority of certain liens arising by operation of law

30-9A-334. Priority of security interests in fixtures and crops

30-9A-335. Accessions

30-9A-336. Commingled goods

30-9A-337. Priority of security interests in goods covered by certificate of title

30-9A-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information

30-9A-339. Priority subject to subordination

30-9A-340. Effectiveness of right of recoupment or setoff against deposit account

30-9A-341. Bank's rights and duties with respect to deposit account

30-9A-342. Bank's right to refuse to enter into or disclose existence of control agreement