2021 Georgia Code
Title 11 - Commercial Code
Article 9 - Secured Transactions
Part 2 - Effectiveness of Security Agreement; Attachment of Security Interest; Rights of Parties to Security Agreement
§ 11-9-204. After Acquired Property; Future Advances
- After acquired collateral. Except as otherwise provided in subsection (b) of this Code section, a security agreement may create or provide for a security interest in after acquired collateral.
- When after acquired property clause not effective. A security interest does not attach under a term constituting an after acquired property clause to:
- Consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within ten days after the secured party gives value; or
- A commercial tort claim.
- Future advances and other value. A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.
(Code 1981, §11-9-204, enacted by Ga. L. 2001, p. 362, § 1.)
Law reviews.- For article on the 1963 amendment to the Georgia Uniform Commercial Code, see 14 Mercer L. Rev. 378 (1963). For article discussing the classification of a continuing security interest in changing collateral as an unenforceable preference under Section 60a of the Bankruptcy Act, see 1 Ga. L. Rev. 257 (1967). For article "The Good Faith Purchase Idea and the Uniform Commercial Code," see 15 Ga. L. Rev. 605 (1981). For note examining the conflict between the floating lien in after-acquired property under the Uniform Commercial Code and the voidable preferences provisions of the Bankruptcy Act, see 9 Ga. L. Rev. 685 (1975).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- After-Acquired Property
- Consumer Goods
- Future Advances
RESEARCH REFERENCES
Am. Jur. 2d.
- 68A Am. Jur. 2d, Secured Transactions, §§ 85 et seq., 174 et seq., 234 et seq.
C.J.S.- 72 C.J.S., Pledges, § 22.
U.L.A.- Uniform Commercial Code (U.L.A.) § 9-204.
ALR.
- What are "minerals" within deed, lease, or license, 17 A.L.R. 156; 86 A.L.R. 983.
Construction and effect of "future advances" clauses under UCC Article 9, 90 A.L.R.4th 859.
