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Perfection by Possession: A secured creditor can perfect his or her security interest by taking possession of the collateral until the debtor has paid the debt for which the collateral was pledged. For example, stocks, bonds, jewelry.
There are three requirements for attachment: (1) the secured party gives value; (2) the debtor has rights in the collateral or the power to transfer rights in it to the secured party; (3) the parties have a security agreement ?authenticated? (signed) by the debtor, or the creditor has possession of the collateral.
Not unlike a certificated security, a security interest in uncertificated securities can be perfected two ways: (1) by properly filing a UCC-1 financing statement or (2) by control.
Mexican law requires notarization in order to give perfect or give effect to certain contracts and security interests such as usufructs, rights of way, residential leases (depending on state law) and nonpossessory pledges.
Tangible chattel paper is sometimes delivered to the assignee, and sometimes left in the hands of the assignor for collection. Subsection (a) allows the assignee to perfect its security interest by filing in the latter case. Alternatively, the assignee may perfect by taking possession.
Below are the primary methods for perfecting a security interest: Filing a financing statement in the appropriate public office; Take or retain possession of the collateral; Obtain or retain control of the collateral over the collateral; or.
Perfection of security interests in accounts Generally speaking, a lien on a securities account may be perfected in one of two ways; by filing a UCC financing statement or by obtaining control over the disposition of the financial assets credited to the account. See section 9- 115(4).
In order for a security interest to be enforceable against the debtor and third parties, UCC Article 9 sets forth three requirements: Value must be provided in exchange for the collateral; the debtor must have rights in the collateral or the ability to convey rights in the collateral to a secured party; and either the ...