§490:9-326  Priority of security interests created by new debtor.  [Section effective until June 30, 2013.  For section effective July 1, 2013, see below.]  (a)  Subject to subsection (b), a security interest created by a new debtor which is perfected by a filed financing statement that is effective solely under section 490:9-508 in collateral in which a new debtor has or acquires rights is subordinate to a security interest in the same collateral which is perfected other than by a filed financing statement that is effective solely under section 490:9-508.

     (b)  The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements that are effective solely under section 490:9-508.  However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor's having become bound.

     §490:9-326  Priority of security interests created by new debtor.  [Section effective July 1, 2013.  For section effective until June 30, 2013, see above.]  (a)  Subject to subsection (b), a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ineffective to perfect the security interest but for the application of section 490:9-316(i)(1) or 490:9-508 is subordinate to a security interest in the same collateral which is perfected other than by such a filed financing statement.

     (b)  The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements described in subsection (a).  However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor's having become bound. [L 2000, c 241, pt of §1; am L 2012, c 33, §8]

 

 

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