Wisconsin Statutes & Annotations
Chapter 409 - Uniform commercial code — secured transactions.
409.328 - Priority of security interests in investment property.

409.328 Priority of security interests in investment property. The following rules govern priority among conflicting security interests in the same investment property:
(1) Control by secured party. A security interest held by a secured party having control of investment property under s. 409.106 has priority over a security interest held by a secured party that does not have control of the investment property.
(2) Priority in time of control. Except as otherwise provided in subs. (3) and (4), conflicting security interests held by secured parties each of which has control under s. 409.106 rank according to priority in time of:
(a) If the collateral is a security, obtaining control;
(b) If the collateral is a security entitlement carried in a securities account and:
1. If the secured party obtained control under s. 408.106 (4) (a), the secured party's becoming the person for which the securities account is maintained;
2. If the secured party obtained control under s. 408.106 (4) (b), the securities intermediary's agreement to comply with the secured party's entitlement orders with respect to security entitlements carried or to be carried in the securities account; or
3. If the secured party obtained control through another person under s. 408.106 (4) (c), the time on which priority would be based under this subsection if the other person were the secured party; or
(c) If the collateral is a commodity contract carried with a commodity intermediary, the satisfaction of the requirement for control specified in s. 409.106 (2) (b) with respect to commodity contracts carried or to be carried with the commodity intermediary.
(3) Priority of securities intermediary regarding entitlement or account. A security interest held by a securities intermediary in a security entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party.
(4) Priority of securities intermediary regarding contract or account. A security interest held by a commodity intermediary in a commodity contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party.
(5) Priority in certificated securities. A security interest in a certificated security in registered form which is perfected by taking delivery under s. 409.313 (1) and not by control under s. 409.314 has priority over a conflicting security interest perfected by a method other than control.
(6) Priority of conflicting security interests; intermediaries. Conflicting security interests created by a broker, securities intermediary, or commodity intermediary which are perfected without control under s. 409.106 rank equally.
(7) Priority of conflicting security interests; others. In all other cases, priority among conflicting security interests in investment property is governed by ss. 409.322 and 409.323.
History: 2001 a. 10.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 409 - Uniform commercial code — secured transactions.

409.101 - Short title.

409.102 - Definitions and index of definitions.

409.103 - Purchase-money security interest; application of payments; burden of establishing.

409.1035 - Production-money crops; production-money obligation; production-money security interest; burden of establishing.

409.104 - Control of deposit account.

409.105 - Control of electronic chattel paper.

409.106 - Control of investment property.

409.107 - Control of letter-of-credit right.

409.108 - Sufficiency of description.

409.109 - Scope.

409.110 - Security interests arising under ch. 402 or 411.

409.201 - General effectiveness of security agreement.

409.202 - Title to collateral immaterial.

409.203 - Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.

409.204 - After-acquired property; future advances.

409.205 - Use or disposition of collateral permissible.

409.206 - Security interest arising in purchase or delivery of financial asset.

409.207 - Rights and duties of secured party having possession or control of collateral.

409.208 - Additional duties of secured party having control of collateral.

409.209 - Duties of secured party if account debtor has been notified of assignment.

409.210 - Request for accounting; request regarding list of collateral or statement of account.

409.301 - Law governing perfection and priority of security interests.

409.302 - Law governing perfection and priority of agricultural liens.

409.303 - Law governing perfection and priority of security interests in goods covered by a certificate of title.

409.304 - Law governing perfection and priority of security interests in deposit accounts.

409.305 - Law governing perfection and priority of security interests in investment property.

409.306 - Law governing perfection and priority of security interests in letter-of-credit rights.

409.307 - Location of debtor.

409.308 - When security interest or agricultural lien is perfected; continuity of perfection.

409.309 - Security interest perfected upon attachment.

409.310 - When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.

409.311 - Perfection of security interests in property subject to certain statutes, regulations, and treaties.

409.312 - 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...

409.313 - When possession by or delivery to secured party perfects security interest without filing.

409.314 - Perfection by control.

409.315 - Secured party's rights on disposition of collateral and in proceeds.

409.316 - Effect of change in governing law.

409.317 - Interests that take priority over or take free of security interest or agricultural lien.

409.318 - 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.

409.319 - Rights and title of consignee with respect to creditors and purchasers.

409.320 - Buyer of goods.

409.321 - Licensee of general intangible and lessee of goods in ordinary course of business.

409.322 - Priorities among conflicting security interests in and agricultural liens on same collateral.

409.323 - Future advances.

409.324 - Priority of purchase-money security interests.

409.3245 - Priority of production-money security interests and agricultural liens.

409.325 - Priority of security interests in transferred collateral.

409.326 - Priority of security interests created by new debtor.

409.327 - Priority of security interests in deposit account.

409.328 - Priority of security interests in investment property.

409.329 - Priority of security interests in letter-of-credit right.

409.330 - Priority of purchaser of chattel paper or instrument.

409.331 - Priority of rights of purchasers of instruments, documents, and securities under other chapters; priority of interests in financial assets and security entitlements under ch. 408.

409.332 - Transfer of money; transfer of funds from deposit account.

409.333 - Priority of certain liens arising by operation of law.

409.334 - Priority of security interests in fixtures and crops.

409.335 - Accessions.

409.336 - Commingled goods.

409.337 - Priority of security interests in goods covered by certificate of title.

409.338 - Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.

409.339 - Priority subject to subordination.

409.340 - Effectiveness of right of recoupment or setoff against deposit account.

409.341 - Bank's rights and duties with respect to deposit account.

409.342 - Bank's right to refuse to enter into or disclose existence of control agreement.

409.401 - Alienability of debtor's rights.

409.402 - Secured party not obligated on contract of debtor or in tort.

409.403 - Agreement not to assert defenses against assignee.

409.404 - Rights acquired by assignee; claims and defenses against assignee.

409.405 - Modification of assigned contract.

409.406 - 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.

409.407 - Restrictions on creation or enforcement of security interest in leasehold interest or in leasor's residual interest.

409.408 - Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective.

409.409 - Restrictions on assignment of letter-of-credit rights ineffective.

409.501 - Filing office.

409.502 - Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.

409.503 - Name of debtor and secured party.

409.504 - Indication of collateral.

409.505 - Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions.

409.506 - Effect of errors or omissions.

409.507 - Effect of certain events on effectiveness of financing statement.

409.508 - Effectiveness of financing statement if new debtor becomes bound by security agreement.

409.509 - Persons entitled to file a record.

409.510 - Effectiveness of filed record.

409.511 - Secured party of record.

409.512 - Amendment of financing statement.

409.513 - Termination statement.

409.514 - Assignment of powers of secured party of record.

409.515 - Duration and effectiveness of financing statement; effect of lapsed financing statement.

409.516 - What constitutes filing; effectiveness of filing.

409.517 - Effect of indexing errors.

409.518 - Claim concerning inaccurate or wrongfully filed record.

409.519 - Numbering, maintaining, and indexing records; communicating information provided in records.

409.520 - Acceptance and refusal to accept record; social security numbers.

409.521 - Uniform form of written financing statement and amendment.

409.522 - Maintenance and destruction of records.

409.523 - Information from filing office; sale or license of records.

409.524 - Delay by filing office.

409.525 - Fees.

409.526 - Filing-office rules.

409.527 - Duty to report.

409.528 - Statewide lien system.

409.601 - Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

409.602 - Waiver and variance of rights and duties.

409.603 - Agreement on standards concerning rights and duties.

409.604 - Procedure if security agreement covers real property or fixtures.

409.605 - Unknown debtor or secondary obligor.

409.606 - Time of default for agricultural lien.

409.607 - Collection and enforcement by secured party.

409.608 - Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.

409.609 - Secured party's right to take possession after default.

409.610 - Disposition of collateral after default.

409.611 - Notification before disposition of collateral.

409.612 - Timeliness of notification before disposition of collateral.

409.613 - Contents and form of notification before disposition of collateral: general.

409.614 - Contents and form of notification before disposition of collateral: consumer-goods transaction.

409.615 - Application of proceeds of disposition; liability for deficiency and right to surplus.

409.616 - Explanation of calculation of surplus or deficiency.

409.617 - Rights of transferee of collateral.

409.618 - Rights and duties of certain secondary obligors.

409.619 - Transfer of record or legal title.

409.620 - Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.

409.621 - Notification of proposal to accept collateral.

409.622 - Effect of acceptance of collateral.

409.623 - Right to redeem collateral.

409.624 - Waiver.

409.625 - Remedies for secured party's failure to comply with chapter.

409.626 - Action in which deficiency or surplus is in issue.

409.627 - Determination of whether conduct was commercially reasonable.

409.628 - Nonliability and limitation on liability of secured party; liability of secondary obligor.

409.702 - Savings clause.

409.703 - Security interest perfected before effective date.

409.704 - Security interest unperfected before effective date.

409.705 - Effectiveness of action taken before effective date.

409.706 - When initial financing statement suffices to continue effectiveness of financing statement.

409.707 - Amendment of preeffective-date financing statement.

409.708 - Persons entitled to file initial financing statement or continuation statement.

409.709 - Priority.

409.710 - Special transitional provision for maintaining and searching local filing office records.

409.802 - Savings clause.

409.803 - Security interest perfected before effective date.

409.804 - Security interest unperfected before effective date.

409.805 - Effectiveness of action taken before effective date.

409.806 - When initial financing statement suffices to continue effectiveness of financing statement.

409.807 - Amendment of preeffective-date financing statement.

409.808 - Persons entitled to file initial financing statement or continuation statement.

409.809 - Priority.