§ 6A-9-317. Interests that take priority over or take free of security interest or agricultural lien.
(a) Conflicting security interests and rights of lien creditors. A security interest or agricultural lien is subordinate to the rights of:
(1) A person entitled to priority under § 6A-9-322; and
(2) Except as otherwise provided in subsection (e), a person that becomes a lien creditor before the earlier of the time: (i) the security interest or agricultural lien is perfected; or (ii) one of the conditions specified in § 6A-9-203(b)(3) is met and a financing statement covering the collateral is filed.
(b) Buyers that receive delivery. Except as otherwise provided in subsection (e), a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
(c) Lessees that receive delivery. Except as otherwise provided in subsection (e), a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
(d) Licensees and buyers of certain collateral. A licensee of a general intangible or a buyer, other than a secured party, of collateral other than tangible chattel papers, tangible documents, goods, instruments, or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.
(e) Purchase-money security interest. Except as otherwise provided in §§ 6A-9-320 and 6A-9-321, if a person files a financing statement with respect to a purchase-money security interest before or within 20 days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches and the time of filing.
History of Section.P.L. 2000, ch. 182, § 6; P.L. 2000, ch. 420, § 6; P.L. 2006, ch. 112, § 8; P.L. 2006, ch. 135, § 8; P.L. 2011, ch. 173, § 2; P.L. 2011, ch. 192, § 2.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Chapter 6A-9 - Secured Transactions
Part 3 - Perfection and Priority
Section 6A-9-319. - Rights and title of consignee with respect to creditors and purchasers.
Section 6A-9-320. - Buyer of goods.
Section 6A-9-323. - Future advances.
Section 6A-9-324. - Priority of purchase-money security interests.
Section 6A-9-325. - Priority of security interests in transferred collateral.
Section 6A-9-326. - Priority of security interests created by new debtor.
Section 6A-9-327. - Priority of security interests in deposit account.
Section 6A-9-328. - Priority of security interests in investment property.
Section 6A-9-329. - Priority of security interests in letter-of-credit right.
Section 6A-9-330. - Priority of purchaser of chattel paper or instrument.
Section 6A-9-332. - Transfer of money; transfer of funds from deposit account.
Section 6A-9-333. - Priority of certain liens arising by operation of law.
Section 6A-9-334. - Priority of security interests in fixtures and crops.
Section 6A-9-335. - Accessions.
Section 6A-9-336. - Commingled goods.
Section 6A-9-337. - Priority of security interests in goods covered by certificate of title.