§ 355.9-101 Short title
§ 355.9-102 Definitions and index of definitions
§ 355.9-103 Purchase-money security interest — Application of payments — Burden of establishing
§ 355.9-104 Control of deposit account
§ 355.9-105 Control of electronic chattel paper
§ 355.9-106 Control of investment property
§ 355.9-107 Control of letter-of-credit right
§ 355.9-108 Sufficiency of description
§ 355.9-109 Scope
§ 355.9-110 Security interests arising under Article 2 or 2A
§ 355.9-201 General effectiveness of security agreement
§ 355.9-202 Title to collateral immaterial
§ 355.9-203 Attachment and enforceability of security interest — Proceeds — Supporting obligations — Formal requisites
§ 355.9-204 After-acquired property — Future advances
§ 355.9-205 Use or disposition of collateral permissible
§ 355.9-206 Security interest arising in purchase or delivery of financial asset
§ 355.9-207 Rights and duties of secured party having possession or control of collateral
§ 355.9-208 Additional duties of secured party having control of collateral
§ 355.9-209 Duties of secured party if account debtor has been notified of assignment
§ 355.9-210 Request for accounting — Request regarding list of collateral or statement of account
§ 355.9-301 Law governing perfection and priority of security interests
§ 355.9-302 Law governing perfection and priority of agricultural liens
§ 355.9-303 Law governing perfection and priority of security interests in goods covered by a certificate of title
§ 355.9-304 Law governing perfection and priority of security interests in deposit accounts
§ 355.9-305 Law governing perfection and priority of security interests in investment property
§ 355.9-306 Law governing perfection and priority of security interests in letter-of-credit rights
§ 355.9-307 Location of debtor
§ 355.9-308 When security interest or agricultural lien is perfected — Continuity of perfection
§ 355.9-309 Security interest perfected upon attachment
§ 355.9-310 When filing required to perfect security interest or agricultural lien — Security interests and agricultural liens to which filing provisions do not apply
§ 355.9-311 Perfection of security interests in property subject to certain statutes, regulations, and treaties
§ 355.9-312 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 filin
§ 355.9-313 When possession by or delivery to secured party perfects security interest without filing
§ 355.9-314 Perfection by control
§ 355.9-315 Secured party’s rights on disposition of collateral and in proceeds
§ 355.9-316 Continued perfection of security interest following change in governing law
§ 355.9-317 Interests that take priority over or take free of security interest or agricultural lien
§ 355.9-318 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
§ 355.9-319 Rights and title of consignee with respect to creditors and purchasers
§ 355.9-320 Buyer of goods
§ 355.9-321 Licensee of general intangible and lessee of goods in ordinary course of business
§ 355.9-322 Priorities among conflicting security interests in and agricultural liens on same collateral
§ 355.9-323 Future advances
§ 355.9-324 Priority of purchase-money security interests
§ 355.9-325 Priority of security interests in transferred collateral
§ 355.9-326 Priority of security interests created by new debtor
§ 355.9-327 Priority of security interests in deposit account
§ 355.9-328 Priority of security interests in investment property
§ 355.9-329 Priority of security interests in letter-of-credit right
§ 355.9-330 Priority of purchaser of chattel paper or instrument
§ 355.9-331 Priority of rights of purchasers of instruments, documents, and securities under other articles — Priority of interests in financial assets and security entitlements under Article 8
§ 355.9-332 Transfer of money — Transfer of funds from deposit account
§ 355.9-333 Priority of certain liens arising by operation of law
§ 355.9-334 Priority of security interests in fixtures and crops
§ 355.9-335 Accessions
§ 355.9-336 Commingled goods
§ 355.9-337 Priority of security interests in goods covered by certificate of title
§ 355.9-338 Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information
§ 355.9-339 Priority subject to subordination
§ 355.9-340 Effectiveness of right of recoupment or set-off against deposit account
§ 355.9-341 Bank’s rights and duties with respect to deposit account
§ 355.9-342 Bank’s right to refuse to enter into or disclose existence of control agreement
§ 355.9-401 Alienability of debtor’s rights
§ 355.9-402 Secured party not obligated on contract of debtor or in tort
§ 355.9-403 Agreement not to assert defenses against assignee
§ 355.9-404 Rights acquired by assignee — Claims and defenses against assignee
§ 355.9-405 Modification of assigned contract
§ 355.9-406 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
§ 355.9-407 Restrictions on creation or enforcement of security interest in leasehold interest or in lessor’s residual interest
§ 355.9-408 Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective
§ 355.9-409 Restrictions on assignment of letter-of-credit rights ineffective
§ 355.9-501 Filing office
§ 355.9-502 Contents of financing statement — Record of mortgage as financing statement — Time of filing financing statement
§ 355.9-503 Name of debtor and secured party
§ 355.9-504 Indication of collateral
§ 355.9-505 Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions
§ 355.9-506 Effect of errors or omissions
§ 355.9-507 Effect of certain events on effectiveness of financing statement
§ 355.9-508 Effectiveness of financing statement if new debtor becomes bound by security agreement
§ 355.9-509 Persons entitled to file a record
§ 355.9-510 Effectiveness of filed record
§ 355.9-511 Secured party of record
§ 355.9-512 Amendment of financing statement
§ 355.9-513 Termination statement
§ 355.9-513A Termination of wrongfully filed record — Reinstatement
§ 355.9-514 Assignment of powers of secured party of record
§ 355.9-515 Duration and effectiveness of financing statement — Effect of lapsed financing statement
§ 355.9-516 What constitutes filing — Effectiveness of filing
§ 355.9-516A Administrative rejection of unauthorized records
§ 355.9-517 Effect of indexing errors
§ 355.9-518 Claim concerning inaccurate or wrongfully filed record
§ 355.9-519 Numbering, maintaining, and indexing records — Communicating information provided in records
§ 355.9-520 Acceptance and refusal to accept record
§ 355.9-521 Uniform form of written financing statement and amendment
§ 355.9-522 Maintenance and destruction of records
§ 355.9-523 Information from filing office — Sale or license of records
§ 355.9-524 Delay by filing office
§ 355.9-525 Fees
§ 355.9-526 Filing-office rules
§ 355.9-527 Duty to report
§ 355.9-601 Rights after default — Judicial enforcement — Consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes
§ 355.9-602 Waiver and variance of rights and duties
§ 355.9-603 Agreement on standards concerning rights and duties
§ 355.9-604 Procedure if security agreement covers real property or fixtures
§ 355.9-605 Unknown debtor or secondary obligor
§ 355.9-606 Time of default for agricultural lien
§ 355.9-607 Collection and enforcement by secured party
§ 355.9-608 Application of proceeds of collection or enforcement — Liability for deficiency and right to surplus
§ 355.9-609 Secured party’s right to take possession after default
§ 355.9-610 Disposition of collateral after default
§ 355.9-611 Notification before disposition of collateral
§ 355.9-612 Timeliness of notification before disposition of collateral
§ 355.9-613 Contents and form of notification before disposition of collateral: General
§ 355.9-614 Contents and form of notification before disposition of collateral: Consumer-goods transaction
§ 355.9-615 Application of proceeds of disposition — Liability for deficiency and right to surplus
§ 355.9-616 Explanation of calculation of surplus or deficiency
§ 355.9-617 Rights of transferee of collateral
§ 355.9-618 Rights and duties of certain secondary obligors
§ 355.9-619 Transfer of record or legal title
§ 355.9-620 Acceptance of collateral in full or partial satisfaction of obligation — Compulsory disposition of collateral
§ 355.9-621 Notification of proposal to accept collateral
§ 355.9-622 Effect of acceptance of collateral
§ 355.9-623 Right to redeem collateral
§ 355.9-624 Waiver
§ 355.9-625 Remedies for secured party’s failure to comply with article
§ 355.9-626 Action in which deficiency or surplus is in issue
§ 355.9-627 Determination of whether conduct was commercially reasonable
§ 355.9-628 Nonliability and limitation on liability of secured party — Liability of secondary obligor
§ 355.9-701 Effective date
§ 355.9-702 Savings clause
§ 355.9-703 Security interest perfected before effective date
§ 355.9-704 Security interest unperfected before effective date
§ 355.9-705 Effectiveness of action taken before effective date
§ 355.9-706 When initial financing statement suffices to continue effectiveness of financing statement — Minor errors or omissions
§ 355.9-707 Amendment of pre-effective-date financing statement
§ 355.9-708 Persons entitled to file initial financing statement or continuation statement
§ 355.9-709 Priority
§ 355.9-710 Duties of county clerk
§ 355.9-801 Effective date of statutory changes contained in 2012 Ky. Acts ch. 132
§ 355.9-802 Application
§ 355.9-803 Security interest perfected before effective date
§ 355.9-804 Security interest unperfected before effective date
§ 355.9-805 Effectiveness of action taken before effective date
§ 355.9-806 When initial financing statement suffices to continue effectiveness of financing statement
§ 355.9-807 Amendment of pre-effective-date financing statement
§ 355.9-808 Person entitled to file initial financing statement or continuation statement
§ 355.9-809 Priority

Terms Used In Kentucky Statutes > Chapter 355 > Article 9 - Secured Transactions -- Sales of Accounts, Contract Rights, and Chattel Paper

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Animal: includes every warm-blooded living creature except a human being. See Kentucky Statutes 446.010
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
  • Business trust: includes , except when utilized in KRS Chapter 386, a "statutory trust" as organized under KRS Chapter 386A. See Kentucky Statutes 446.010
  • Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
    (a) Sending the document or package. See Kentucky Statutes 446.010
  • City: includes town. See Kentucky Statutes 446.010
  • Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lineal descendant: Direct descendant of the same ancestors.
  • Livestock: means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. See Kentucky Statutes 446.010
  • Month: means calendar month. See Kentucky Statutes 446.010
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • public funds: means sums actually received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state- owned corporation, university, department, cabinet, fiduciary for the benefit of any form of state organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization whether or not the money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS §. See Kentucky Statutes 446.010
  • Quorum: The number of legislators that must be present to do business.
  • real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Regular election: means the election in even-numbered years at which members of Congress are elected and the election in odd-numbered years at which state officers are elected. See Kentucky Statutes 446.010
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sinking fund: means a fund established for the management of moneys to be used for the retirement of outstanding bonds. See Kentucky Statutes 66.011
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Statute: A law passed by a legislature.
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
  • Testator: A male person who leaves a will at death.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Year: means calendar year. See Kentucky Statutes 446.010