Terms Used In Louisiana Revised Statutes 10:9-310

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Statute: A law passed by a legislature.

(a)  General rule: perfection by filing.  Except as otherwise provided in  Subsection (b) and La. Rev. Stat. 10:9-312(b), a financing statement must be filed to perfect all security interests and agricultural liens.

(b)  Exceptions: filing not necessary.  The filing of a financing statement is not necessary to perfect a security interest:

(1)  that is perfected under La. Rev. Stat. 10:9-308(d), (e), (f), or (g);

(2)  that is perfected under La. Rev. Stat. 10:9-309 when it attaches;

(3)  in property subject to a statute, regulation, or treaty described in La. Rev. Stat. 10:9-311(a);

(4)  in goods in possession of a bailee when the security interest is perfected under La. Rev. Stat. 10:9-312(d)(1) or (2);

(5)  in certificated securities, documents, goods, or instruments other than collateral mortgage notes which is perfected without filing, control, or possession under La. Rev. Stat. 10:9-312(e), (f), or (g);

(6)  in collateral including a collateral mortgage note  in the secured party’s possession under La. Rev. Stat. 10:9-313;

(7)  in a certificated security when the security interest is perfected by delivery of the security certificate to the secured party under La. Rev. Stat. 10:9-313;

(8)  in deposit accounts, electronic chattel paper, electronic documents,  investment property, letter-of-credit rights, or life insurance policies when the security interest is perfected by control under La. Rev. Stat. 10:9-314;

(9)  in proceeds which is perfected under La. Rev. Stat. 10:9-315; or

(10)  that is perfected under La. Rev. Stat. 10:9-316.

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

Acts 1988, No. 528, §1, eff. Jan. 1, 1990; Acts 1995, No. 1201, §3, eff. June 29, 1995; Acts 2001, No. 128, §1, eff. July 1, 2001; Acts 2009, No. 207, §5, eff. Jan. 1, 2010.