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the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 93 - Perfection and Priority
Section 9316 - Continued perfection of security interest following change in governing law
§ 9316. Continued perfection of security interest following
change in governing law.
(a) General rule: effect on perfection of change in
governing law.--A security interest perfected pursuant to the
law of the jurisdiction designated in section 9301(a) (relating
to general rule: location of debtor) or 9305(c) (relating to
when perfection governed by law of jurisdiction where debtor
located) remains perfected until the earliest of:
(1) the time perfection would have ceased under the law
of that jurisdiction;
(2) the expiration of four months after a change of the
debtor's location to another jurisdiction; or
(3) the expiration of one year after a transfer of
collateral to a person that thereby becomes a debtor and is
located in another jurisdiction.
(b) Security interest perfected or unperfected under law of
new jurisdiction.--If a security interest described in
subsection (a) becomes perfected under the law of the other
jurisdiction before the earliest time or event described in that
subsection, it remains perfected thereafter. If the security
interest does not become perfected under the law of the other
jurisdiction before the earliest time or event, it becomes
unperfected and is deemed never to have been perfected as
against a purchaser of the collateral for value.
(c) Possessory security interest in collateral moved to new
jurisdiction.--A possessory security interest in collateral,
other than goods covered by a certificate of title and as-
extracted collateral consisting of goods, remains continuously
perfected if:
(1) the collateral is located in one jurisdiction and
subject to a security interest perfected under the law of
that jurisdiction;
(2) thereafter the collateral is brought into another
jurisdiction; and
(3) upon entry into the other jurisdiction, the security
interest is perfected under the law of the other
jurisdiction.
(d) Goods covered by certificate of title from the
Commonwealth.--Except as otherwise provided in subsection (e), a
security interest in goods covered by a certificate of title
which is perfected by any method under the law of another
jurisdiction when the goods become covered by a certificate of
title from the Commonwealth remains perfected until the security
interest would have become unperfected under the law of the
other jurisdiction had the goods not become so covered.
(e) When subsection (d) security interest becomes
unperfected against purchasers.--A security interest described
in subsection (d) becomes unperfected as against a purchaser of
the goods for value and is deemed never to have been perfected
as against a purchaser of the goods for value if the applicable
requirements for perfection under section 9311(b) (relating to
perfection of security interests in property subject to certain
statutes, regulations and treaties) or 9313 (relating to when
possession by or delivery to secured party perfects security
interest without filing) are not satisfied before the earlier
of:
(1) the time the security interest would have become
unperfected under the law of the other jurisdiction had the
goods not become covered by a certificate of title from the
Commonwealth; or
(2) the expiration of four months after the goods had
become so covered.
(f) Change in jurisdiction of bank, issuer, nominated
person, securities intermediary or commodity intermediary.--A
security interest in deposit accounts, letter-of-credit rights
or investment property which is perfected under the law of the
bank's jurisdiction, the issuer's jurisdiction, a nominated
person's jurisdiction, the securities intermediary's
jurisdiction or the commodity intermediary's jurisdiction, as
applicable, remains perfected until the earlier of:
(1) the time the security interest would have become
unperfected under the law of that jurisdiction; or
(2) the expiration of four months after a change of the
applicable jurisdiction to another jurisdiction.
(g) Subsection (f) security interest perfected or
unperfected under law of new jurisdiction.--If a security
interest described in subsection (f) becomes perfected under the
law of the other jurisdiction before the earlier of the time or
the end of the period described in that subsection, it remains
perfected thereafter. If the security interest does not become
perfected under the law of the other jurisdiction before the
earlier of that time or the end of that period, it becomes
unperfected and is deemed never to have been perfected as
against a purchaser of the collateral for value.
Cross References. Section 9316 is referred to in sections
9308, 9310, 9311, 9313, 9320 of this title; section 5323 of
Title 30 (Fish); sections 1137, 7712.8 of Title 75 (Vehicles).
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