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N.C. Gen. Stat. § 25-9-310

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

Known as the Uniform Commercial Code

The act spans §§ 25–25 (616 sections).

Applied in 3 court decisions — leading case 181 N.C. App. 268 - Rentenbach Constructors, Inc. v. CM Partnership (2007)

Most recently applied in Clean Burn Fuels, LLC v. Purdue BioEnergy, LLC (In re Clean Burn Fuels, LLC) (May 2013)

1866-7, s. 1; 1872-3, c. 133, s. 1; Code, s. 1799; 1893, c. 9; Rev., s. 2052; C.S., s. 2480; 1925, c. 302, s. 1; 1927, c. 22; 1935, c. 205; 1945, c. 182, s. 3; c. 196, s. 2; 195…

How often courts cite this section

20072010201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) General Rule for Perfection by Filing. - Except as otherwise provided in subsection (b) of this section and G.S. 25-9-312(b), a financing statement must be filed to perfect all security interests and agricultural liens.

(b) Exceptions When Filing Not Necessary. - The filing of a financing statement is not necessary to perfect any of the following security interests:

(1) A security interest that is perfected under G.S. 25-9-308(d), (e), (f), or (g).

(2) A security interest that is perfected under G.S. 25-9-309 when it attaches.

(3) A security interest in property subject to a statute, regulation, or treaty described in G.S. 25-9-311(a).

(4) A security interest in goods in possession of a bailee that is perfected under G.S. 25-9-312(d)(1) or (2).

(5) A security interest in certificated securities, documents, goods, or instruments that is perfected without filing, control, or possession under G.S. 25-9-312(e), (f), or (g).

(6) A security interest in collateral in the secured party's possession under G.S. 25-9-313.

(7) A security interest in a certificated security that is perfected by delivery of the security certificate to the secured party under G.S. 25-9-313.

(8) A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, or letter-of-credit rights that is perfected by control under G.S. 25-9-314.

(8a) A security interest in chattel paper that is perfected by possession and control under G.S. 25-9-314.1.

(9) A security interest in proceeds that is perfected under G.S. 25-9-315.

(10) A security interest that is perfected under G.S. 25-9-316.

(c) Assignment of Perfected Security Interest. - If a secured party assigns a perfected security interest or agricultural lien, a filing under this Article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.