30-9A-308. When security interest or agricultural lien is perfected -- continuity of perfection. (1) Except as otherwise provided in 30-9A-309 and this section, a security interest is perfected if it has attached and all of the applicable requirements for perfection in 30-9A-310 through 30-9A-316 have been satisfied. A security interest is perfected when it attaches if the applicable requirements are satisfied before the security interest attaches.
(2) An agricultural lien is perfected if it has become effective and all of the applicable requirements for perfection in 30-9A-310 have been satisfied. An agricultural lien is perfected when it becomes effective if the applicable requirements are satisfied before the agricultural lien becomes effective.
(3) A security interest or agricultural lien is perfected continuously if it is originally perfected in one manner under this chapter and is later perfected in another manner under this chapter, without an intermediate period when it was unperfected.
(4) Perfection of a security interest in collateral also perfects a security interest in a supporting obligation for the collateral.
(5) Perfection of a security interest in a right to payment or performance also perfects a security interest in a security interest, mortgage, or other lien on personal or real property securing the right.
(6) Perfection of a security interest in a securities account also perfects a security interest in the security entitlements carried in the securities account.
(7) Perfection of a security interest in a commodity account also perfects a security interest in the commodity contracts carried in the commodity account.
History: En. Sec. 27, Ch. 305, L. 1999; Sec. 30-9-328, MCA 1999; redes. 30-9A-308 by Code Commissioner, 2001.
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