West Virginia Code
Article 9. Secured Transactions; Sales of Accounts and Chattel Paper
§46-9-203. Attachment and Enforceability of Security Interest; Proceeds; Supporting Obligations; Formal Requisites

(a) Attachment. A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment.
(b) Enforceability. Except as otherwise provided in subsections (c) through (i), inclusive, of this section, a security interest is enforceable against the debtor and third parties with respect to the collateral only if:
(1) Value has been given;
(2) The debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party; and
(3) One of the following conditions is met:
(A) The debtor has authenticated a security agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned;
(B) The collateral is not a certificated security and is in the possession of the secured party under section 9-313 pursuant to the debtor's security agreement;
(C) The collateral is a certificated security in registered form and the security certificate has been delivered to the secured party under section 8-301 pursuant to the debtor's security agreement; or
(D) The collateral is deposit accounts, electronic chattel paper, investment property letter-of-credit rights, or electronic documents, and the secured party has control under section 7-106, 9-104, 9-105, 9-106 or 9-107 pursuant to the debtor's security agreement.
(c) Other UCC provisions. Subsection (b) of this section is subject to section 4-210 on the security interest of a collecting bank, section 5-118 on the security interest of a letter-of-credit issuer or nominated person, section 9-110 on a security interest arising under article two or two-a of this chapter and section 9-206 on security interests in investment property.
(d) When person becomes bound by another person's security. A person becomes bound as debtor by a security agreement entered into by another person if, by operation of law other than this article or by contract:
(1) The security agreement becomes effective to create a security interest in the person's property; or
(2) The person becomes generally obligated for the obligations of the other person, including the obligation secured under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person.
(e) Effect of new debtor becoming bound. If a new debtor becomes bound as debtor by a security agreement entered into by another person:
(1) The agreement satisfies subsection (b)(3) of this section with respect to existing or after-acquired property of the new debtor to the extent the property is described in the agreement; and
(2) Another agreement is not necessary to make a security interest in the property enforceable.
(f) Proceeds and supporting obligations. The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by section 9-315 and is also attachment of a security interest in a supporting obligation for the collateral.
(g) Lien securing right to payment. The attachment of a security interest in a right to payment or performance secured by a security interest or other lien on personal or real property is also attachment of a security interest in the security interest, mortgage or other lien.
(h) Security entitlement carried in securities account. The attachment of a security interest in a securities account is also attachment of a security interest in the security entitlements carried in the securities account.
(i) Commodity contracts carried in commodity account. The attachment of a security interest in a commodity account is also attachment of a security interest in the commodity contracts carried in the commodity account.

Structure West Virginia Code

West Virginia Code

Chapter 46. Uniform Commercial Code

Article 9. Secured Transactions; Sales of Accounts and Chattel Paper

§46-9-101. Short Title

§46-9-102. Definitions and Index of Definitions

§46-9-103. Purchase-Money Security Interest; Application of Payments; Burden of Establishing

§46-9-103a. &Quot;production-Money Crops"; &Quot;production-Money Obligation"; Production-Money Security Interest; Burden of Establishing

§46-9-104. Control of Deposit Account

§46-9-105. Control of Electronic Chattel Paper

§46-9-106. Control of Investment Property

§46-9-107. Control of Letter-of-Credit Right

§46-9-108. Sufficiency of Description

§46-9-109. Scope

§46-9-110. Security Interests Arising Under Article Two or Two-A

§46-9-201. General Effectiveness of Security Agreement

§46-9-202. Title to Collateral Immaterial

§46-9-203. Attachment and Enforceability of Security Interest; Proceeds; Supporting Obligations; Formal Requisites

§46-9-204. After-Acquired Property; Future Advances

§46-9-205. Use or Disposition of Collateral Permissible

§46-9-206. Security Interest Arising in Purchase or Delivery of Financial Asset

§46-9-207. Rights and Duties of Secured Party Having Possession or Control of Collateral

§46-9-208. Additional Duties of Secured Party Having Control of Collateral

§46-9-209. Duties of Secured Party if Account Debtor Has Been Notified of Assignment

§46-9-210. Request for Accounting; Request Regarding List of Collateral or Statement of Account

§46-9-301. Law Governing Perfection and Priority of Security Interests

§46-9-302. Law Governing Perfection and Priority of Agricultural Liens

§46-9-303. Law Governing Perfection and Priority of Security Interests in Goods Covered by a Certificate of Title

§46-9-304. Law Governing Perfection and Priority of Security Interests in Deposit Accounts

§46-9-305. Law Governing Perfection and Priority of Security Interests in Investment Property

§46-9-306. Law Governing Perfection and Priority of Security Interests in Letter-of-Credit Rights

§46-9-307. Location of Debtor

§46-9-308. When Security Interest or Agricultural Lien Is Perfected; Continuity of Perfection

§46-9-309. Security Interest Perfected Upon Attachment

§46-9-310. When Filing Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions Do Not Apply

§46-9-311. Perfection of Security Interests in Property Subject to Certain Statutes, Regulations and Treaties

§46-9-312. 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 Without...

§46-9-313. When Possession by or Delivery to Secured Party Perfects Security Interest Without Filing

§46-9-314. Perfection by Control

§46-9-315. Secured Party's Rights on Disposition of Collateral and in Proceeds

§46-9-316. Effect of Change in Governing Law

§46-9-317. Interests That Take Priority Over or Take Free of Security Interest or Agricultural Lien

§46-9-318. 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

§46-9-319. Rights and Title of Consignee With Respect to Creditors and Purchasers

§46-9-320. Buyer of Goods

§46-9-321. Licensee of General Intangible and Lessee of Goods in Ordinary Course of Business

§46-9-322. Priorities Among Conflicting Security Interests in and Agricultural Liens on Same Collateral

§46-9-323. Future Advances

§46-9-324. Priority of Purchase-Money Security Interests

§46-9-324a. Priority of Production-Money Security Interests and Agricultural Liens

§46-9-325. Priority of Security Interests in Transferred Collateral

§46-9-326. Priority of Security Interests Created by New Debtor

§46-9-327. Priority of Security Interests in Deposit Account

§46-9-328. Priority of Security Interests in Investment Property

§46-9-329. Priority of Security Interests in Letter-of-Credit Right

§46-9-330. Priority of Purchaser of Chattel Paper or Instrument

§46-9-331. Priority of Rights of Purchasers of Instruments, Documents, and Securities Under Other Articles; Priority of Interests in Financial Assets and Security Entitlements Under Article Eight

§46-9-332. Transfer of Money; Transfer of Funds From Deposit Account

§46-9-333. Priority of Certain Liens Arising by Operation of Law

§46-9-334. Priority of Security Interests in Fixtures and Crops

§46-9-335. Accessions

§46-9-336. Commingled Goods

§46-9-337. Priority of Security Interests in Goods Covered by Certificate of Title

§46-9-338. Priority of Security Interest or Agricultural Lien Perfected by Filed Financing Statement Providing Certain Incorrect Information

§46-9-339. Priority Subject to Subordination

§46-9-340. Effectiveness of Right of Recoupment or Set-Off Against Deposit Account

§46-9-341. Bank's Rights and Duties With Respect to Deposit Account

§46-9-342. Bank's Right to Refuse to Enter Into or Disclose Existence of Control Agreement

§46-9-401. Alienability of Debtor's Rights

§46-9-402. Secured Party Not Obligated on Contract of Debtor or in Tort

§46-9-403. Agreement Not to Assert Defenses Against Assignee

§46-9-404. Rights Acquired by Assignee; Claims and Defenses Against Assignee

§46-9-405. Modification of Assigned Contract

§46-9-406. Discharge of Account Debtor; Notification of Assignment; Identification and Proof of Assignment; Restrictions on Assignment of Accounts, Chattel Paper, Payment Intangibles and Promissory Notes Ineffective

§46-9-407. Restrictions on Creation or Enforcement of Security Interest in Leasehold Interest or in Lessor's Residual Interest

§46-9-408. Restrictions on Assignment of Promissory Notes, Health-Care-Insurance Receivables and Certain General Intangibles Ineffective

§46-9-409. Restrictions on Assignment of Letter-of-Credit Rights Ineffective

§46-9-501. Filing Office

§46-9-502. Contents of Financing Statement; Record of Mortgage as Financing Statement; Time of Filing Financing Statement

§46-9-503. Name of Debtor and Secured Party

§46-9-504. Indication of Collateral

§46-9-505. Filing and Compliance With Other Statutes and Treaties for Consignments, Leases, Other Bailments and Other Transactions

§46-9-506. Effect of Errors or Omissions

§46-9-507. Effect of Certain Events on Effectiveness of Financing Statement

§46-9-508. Effectiveness of Financing Statement if New Debtor Becomes Bound by Security Agreement

§46-9-509. Persons Entitled to File a Record

§46-9-510. Effectiveness of Filed Record

§46-9-511. Secured Party of Record

§46-9-512. Amendment of Financing Statement

§46-9-513. Termination Statement

§46-9-514. Assignment of Powers of Secured Party of Record

§46-9-515. Duration and Effectiveness of Financing Statement; Effect of Lapsed Financing Statement

§46-9-516. What Constitutes Filing; Effectiveness of Filing

§46-9-516a. Filing Fraudulent Records; Civil and Criminal Penalties; Administrative Proceedings; Immunity From Liability

§46-9-517. Effect of Indexing Errors

§46-9-518. Claim Concerning Inaccurate or Wrongfully Filed Record

§46-9-519. Numbering, Maintaining and Indexing Records; Communicating Information Provided in Records

§46-9-520. Acceptance and Refusal to Accept Record

§46-9-521. Written Financing Statement and Amendment Thereto

§46-9-522. Maintenance and Destruction of Records

§46-9-523. Information From Filing Office; Sale or License of Records

§46-9-524. Delay by Filing Office

§46-9-525. Fees

§46-9-526. Filing-Office Rules

§46-9-527. Duty to Report

§46-9-601. Rights After Default; Judicial Enforcement; Consignor or Buyer of Accounts, Chattel Paper, Payment Intangibles or Promissory Notes

§46-9-602. Waiver and Variance of Rights and Duties

§46-9-603. Agreement on Standards Concerning Rights and Duties

§46-9-604. Procedure if Security Agreement Covers Real Property or Fixtures

§46-9-605. Unknown Debtor or Secondary Obligor

§46-9-606. Time of Default for Agricultural Lien

§46-9-607. Collection and Enforcement by Secured Party

§46-9-608. Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus

§46-9-609. Secured Party's Right to Take Possession After Default

§46-9-610. Disposition of Collateral After Default

§46-9-611. Notification Before Disposition of Collateral

§46-9-612. Timeliness of Notification Before Disposition of Collateral

§46-9-613. Contents and Form of Notification Before Disposition of Collateral: General

§46-9-614. Contents and Form of Notification Before Disposition of Collateral: Consumer-Goods Transaction

§46-9-615. Application of Proceeds of Disposition; Liability for Deficiency and Right to Surplus

§46-9-616. Explanation of Calculation of Surplus or Deficiency

§46-9-617. Rights of Transferee of Collateral

§46-9-618. Rights and Duties of Certain Secondary Obligors

§46-9-619. Transfer of Record or Legal Title

§46-9-620. Acceptance of Collateral in Full or Partial Satisfaction of Obligation; Compulsory Disposition of Collateral

§46-9-621. Notification of Proposal to Accept Collateral

§46-9-622. Effect of Acceptance of Collateral

§46-9-623. Right to Redeem Collateral

§46-9-624. Waiver

§46-9-625. Remedies for Secured Party's Failure to Comply With Article

§46-9-626. Action in Which Deficiency or Surplus Is in Issue

§46-9-627. Determination of Whether Conduct Was Commercially Reasonable

§46-9-628. Nonliability and Limitation on Liability of Secured Party; Liability of Secondary Obligor

§46-9-701. Effective Date

§46-9-702. Savings Clause

§46-9-703. Security Interest Perfected Before Effective Date

§46-9-704. Security Interest Unperfected Before Effective Date

§46-9-705. Effectiveness of Action Taken Before Effective Date

§46-9-706. When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement

§46-9-707. Amendment of Preeffective-Date Financing Statement

§46-9-708. Persons Entitled to File Initial Financing Statement or Continuation Statement

§46-9-709. Priority

§46-9-801. Effective Date

§46-9-802. Savings Clause

§46-9-803. Security Interest Perfected Before Effective Date

§46-9-804. Security Interest Unperfected Before Effective Date

§46-9-805. Effectiveness of Action Taken Before Effective Date

§46-9-806. When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement

§46-9-807. Amendment of Preeffective-Date Financing Statement

§46-9-808. Person Entitled to File Initial Financing Statement or Continuation Statement

§46-9-809. Priority