30-9A-326. Priority of security interests created by new debtor. (1) Subject to subsection (2), a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ineffective to perfect the security interest but for the application of 30-9A-316(9)(a) or 30-9A-508 is subordinate to a security interest in the same collateral that is perfected other than by such a filed financing statement.
(2) The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements described in subsection (1). However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor's having become bound.
History: En. Sec. 45, Ch. 305, L. 1999; Sec. 30-9-346, MCA 1999; redes. 30-9A-326 by Code Commissioner, 2001; amd. Sec. 8, 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