Montana Code Annotated
Part 3. Perfection and Priority
30-9A-311. Perfection of security interests in property subject to certain statutes, regulations, and treaties

30-9A-311. Perfection of security interests in property subject to certain statutes, regulations, and treaties. (1) Except as otherwise provided in subsection (4), the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:
(a) a statute, regulation, or treaty of the United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt 30-9A-310(1);
(b) the certificate of title provisions of Title 23 or 61; or
(c) a statute of another jurisdiction that provides for a security interest to be indicated on a certificate of title as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the property.
(2) Compliance with the requirements of a statute, regulation, or treaty described in subsection (1) for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this chapter. Except as otherwise provided in 30-9A-313 and 30-9A-316(4) and (5) and subsection (4) of this section for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subsection (1) may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.
(3) Except as otherwise provided in 30-9A-316(4) and (5) and subsection (4) of this section, duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation, or treaty described in subsection (1) are governed by the statute, regulation, or treaty. In other respects the security interest is subject to this chapter.
(4) During any period in which collateral subject to a statute specified in subsection (1)(b) is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this section does not apply to a security interest in that collateral created by that person.
History: En. Sec. 30, Ch. 305, L. 1999; amd. Sec. 7, Ch. 179, L. 2001; Sec. 30-9-331, MCA 1999; redes. 30-9A-311 by Code Commissioner, 2001; amd. Sec. 38, Ch. 477, L. 2003; amd. Sec. 5, 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