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
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-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-308. When security interest or agricultural lien is perfected -- continuity of perfection
30-9A-309. Security interest perfected on attachment
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-319. Rights and title of consignee with respect to creditors and purchasers
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-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-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-337. Priority of security interests in goods covered by certificate of title
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