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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) A financing statement must be filed to perfect all security interests except the following:
(a) A security interest in collateral in possession of the secured party under Section 75-9-305;
(b) A security interest temporarily perfected in instruments, certificated securities, or documents without delivery under Section 75-9-304 or in proceeds for a period of ten (10) days under Section 75-9-306;
(c) A security interest created by an assignment of a beneficial interest in a trust or a decedent's estate;
(d) A purchase money security interest in consumer goods; but filing is required for a motor vehicle required to be registered; and fixture filing is required for priority over conflicting interests in fixtures to the extent provided in Section 75-9-313;
(e) An assignment of accounts which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts of the assignor;
(f) A security interest of a collecting bank (Section 75-4-208) or arising under the chapter on Sales (see Section 75-9-113) or covered in subsection (3) of this section;
(g) An assignment for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder;
(h) A security interest in investment property which is perfected without filing under Section 75-9-115 or Section 75-9-116.
(2) If a secured party assigns a perfected security interest, no filing under this chapter is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
(3) The filing of a financing statement otherwise required by this chapter is not necessary or effective to perfect a security interest in property subject to
(a) A statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specifies a place of filing different from that specified in this chapter for filing of the security interest; or
(b) The following statutes of this state: Section 63-21-1 et seq., but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of this chapter (Part 4) apply to a security interest in that collateral created by him as debtor; or
(c) A certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (Section 75-9-103(2)).
(4) Compliance with a statute or treaty described in subsection (3) is equivalent to the filing of a financing statement under this chapter, and a security interest in property subject to the statute or treaty can be perfected only by compliance therewith except as provided in Section 75-9-103 on multiple state transactions. Duration and renewal of perfection of a security interest perfected by compliance with the statute or treaty are governed by the provisions of the statute or treaty; in other respects the security interest is subject to this chapter.
(5) The filing of a financing statement pursuant to this chapter, whether before or after the effective date of this provision, is the exclusive method of perfecting a security interest in instruments evidencing student loans, including loans that are insured by the United States Secretary of Education under 20 U.S.C.A. 1071 et seq., as amended, or by a state or nonprofit private institution or organization with which the United States Secretary of Education has an agreement under 20 U.S.C.A. 1078(b), as amended; in other respects such security interest is subject to this chapter as if such security interest were a security interest in general intangibles. The provisions of this chapter providing for security interests prevail over the possession, negotiation and assignment provisions of Chapter 3 of this title as each provision affects the rights of a secured party in instruments evidencing student loans, and the rights of a secured party in instruments evidencing student loans perfected in accordance with this subsection are prior to the rights of a holder, owner or transferee of any instrument evidencing the right to receive payment under student loans.
Cite this article: FindLaw.com - Mississippi Code Title 75. Regulation of Trade, Commerce and Investments § 75-9-302 - last updated January 01, 2025 | https://codes.findlaw.com/ms/title-75-regulation-of-trade-commerce-and-investments/ms-code-sect-75-9-302-nr2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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