(1)  Except as otherwise provided in Subsection (2) and Subsection 70A-9a-312(2), a financing statement must be filed to perfect all security interests and agricultural liens.

Terms Used In Utah Code 70A-9a-310

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
(2)  The filing of a financing statement is not necessary to perfect a security interest:

(a)  that is perfected under Subsection 70A-9a-308(4), (5), (6), or (7);

(b)  that is perfected under Section 70A-9a-309 when it attaches;

(c)  in property subject to a statute, regulation, or treaty described in Subsection 70A-9a-311(1);

(d)  in goods in possession of a bailee which is perfected under Subsection 70A-9a-312(4)(a) or (b);

(e)  in certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under Subsection 70A-9a-312(5), (6), or (7);

(f)  in collateral in the secured party’s possession under Section 70A-9a-313;

(g)  in a certificated security which is perfected by delivery of the security certificate to the secured party under Section 70A-9a-313;

(h)  in deposit accounts, electronic chattel paper, electronic documents, investment property, or letter-of-credit rights which is perfected by control under Section 70A-9a-314;

(i)  in proceeds which is perfected under Section 70A-9a-315; or

(j)  that is perfected under Section 70A-9a-316.

(3)  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.

Amended by Chapter 42, 2006 General Session