New Mexico Statutes 55-9-310 v2. When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply. (Effective January 1, 2024.)
(a) Except as otherwise provided in Subsection (b) of this section and in Section 55- 9-312 NMSA 1978, a financing statement must be filed to perfect all security interests and agricultural liens.
Terms Used In New Mexico Statutes 55-9-310 v2
- Lien: A claim against real or personal property in satisfaction of a debt.
- Statute: A law passed by a legislature.
(b) The filing of a financing statement is not necessary to perfect a security interest: (1) that is perfected under Subsection (d), (e), (f) or (g) of Section 55-9-308 N.M. Stat. Ann.;
(2) that is perfected under Section 55-9-309 N.M. Stat. Ann. when it attaches; (3) in property subject to a statute, regulation or treaty described in Subsection (a) of Section 55-9-311 N.M. Stat. Ann.;
(4) in goods in possession of a bailee that is perfected under Paragraph (1) or
(2) of Subsection (d) of Section 55-9-312 N.M. Stat. Ann.;
(5) in certificated securities, documents, goods or instruments that is perfected without filing, control or possession under Subsection (e), (f) or (g) of section 55-9-312 N.M. Stat. Ann.;
(6) in collateral in the secured party’s possession under Section 55-9-313 N.M. Stat. Ann.;
(7) in a certificated security that is perfected by delivery of the security certificate to the secured party under Section 55-9-313 N.M. Stat. Ann.;
(8) 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 Section 55-9-314 N.M. Stat. Ann.;
(9) in proceeds that is perfected under Section 55-9-315 N.M. Stat. Ann.; or
(10) that is perfected under Section 55-9-316 N.M. Stat. Ann..
(c) If a secured party assigns a perfected security interest or agricultural lien, a filing under N.M. Stat. Ann. Chapter 55, Article 9 is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.