MCL - Index of 174-1962-9

NOTE: Dates reflect any modification to item, not necessarily a change in law.
Title Subject
174-1962-9 ARTICLE 9 SECURED TRANSACTIONS (440.9101...440.9994)
174-1962-9-1 PART 1 GENERAL PROVISIONS (440.9101...440.9116)
174-1962-9-1-1. SUBPART 1. SHORT TITLE, DEFINITIONS, AND GENERAL CONCEPTS (440.9101...440.9108)
Section 440.9101 Uniform commercial code—secured transactions; short title.
Section 440.9102 Definitions and index of definitions.
Section 440.9103 Purchase-money security interest; application of payments; burden of establishing.
Section 440.9104 Control of deposit account.
Section 440.9105 Control of electronic chattel paper.
Section 440.9106 Control of investment property.
Section 440.9107 Control of letter-of-credit right.
Section 440.9108 Sufficiency of description.
174-1962-9-1-2. SUBPART 2. APPLICABILITY OF ARTICLE (440.9109...440.9116)
Section 440.9109 Scope.
Section 440.9110 Security interests arising under article 2 or 2A.
Section 440.9111 Repealed. 1998, Act 489, Imd. Eff. Jan. 4, 1999.
Section 440.9112-440.9116 Repealed. 2000, Act 348, Eff. July 1, 2001.
174-1962-9-2 PART 2 EFFECTIVENESS OF SECURITY AGREEMENT; ATTACHMENT OF SECURITY INTEREST; RIGHTS OF PARTIES TO SECURITY AGREEMENT (440.9201...440.9210)
174-1962-9-2-1. SUBPART 1. EFFECTIVENESS AND ATTACHMENT (440.9201...440.9206)
Section 440.9201 General effectiveness of security agreement.
Section 440.9202 Title to collateral immaterial.
Section 440.9203 Attachment and enforcement of security interest; proceeds; supporting obligations; formal requisites.
Section 440.9204 After-acquired property; future advances.
Section 440.9205 Use or disposition of collateral permissible.
Section 440.9206 Security interest arising in purchase or delivery of financial asset.
174-1962-9-2-2. SUBPART 2. RIGHTS AND DUTIES (440.9207...440.9210)
Section 440.9207 Rights and duties of secured party having possession or control of collateral.
Section 440.9208 Additional duties of secured party having control of collateral.
Section 440.9209 Duties of secured party if account debtor has been notified of assignment.
Section 440.9210 Request for accounting; request regarding list of collateral or statement of account.
174-1962-9-3 PART 3 PERFECTION AND PRIORITY (440.9301...440.9342)
174-1962-9-3-1. SUBPART 1. LAW GOVERNING PERFECTION AND PRIORITY (440.9301...440.9307)
Section 440.9301 Law governing perfection and priority of security interests.
Section 440.9302 Law governing perfection and priority of agricultural liens.
Section 440.9303 Law governing perfection and priority of security interests in goods covered by certificate of title.
Section 440.9304 Law governing perfection and priority of security interests in deposit accounts.
Section 440.9305 Law governing perfection and priority of security interests in investment property.
Section 440.9306 Law governing perfection and priority of security interests in letter-of-credit rights.
Section 440.9307 "Place of business" defined; location of debtor.
174-1962-9-3-2. SUBPART 2. PERFECTION (440.9308...440.9316)
Section 440.9308 When security interest or agricultural lien is perfected; continuity of perfection.
Section 440.9309 Security interest perfected upon attachment.
Section 440.9310 When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.
Section 440.9311 Perfection of security interests in property subject to certain statutes, regulations, and treaties.
Section 440.9312 Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without filing or transfer of possession.
Section 440.9313 Possession by or delivery to secured party perfecting security interest without filing.
Section 440.9314 Perfection by control.
Section 440.9315 Secured party's rights on disposition of collateral and in proceeds.
Section 440.9316 Continued perfection of security interest following change in governing law.
174-1962-9-3-3. SUBPART 3. PRIORITY (440.9317...440.9339)
Section 440.9317 Interests that take priority over or take free of unperfected security interest or agricultural lien.
Section 440.9318 No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.
Section 440.9319 Rights and title of consignee with respect to creditors and purchasers.
Section 440.9320 Buyer of goods.
Section 440.9321 Licensee of general intangible and lessee of goods in ordinary course of business.
Section 440.9322 Priorities among conflicting security interests in and agricultural liens on same collateral.
Section 440.9323 Future advances.
Section 440.9324 Priority of purchase-money security interests.
Section 440.9325 Priority of security interests in transferred collateral.
Section 440.9326 Priority of security interests created by new debtor.
Section 440.9327 Priority of security interests in deposit account.
Section 440.9328 Priority of security interests in investment property.
Section 440.9329 Priority of security interests in letter-of-credit right.
Section 440.9330 Priority of purchaser of chattel paper or instrument.
Section 440.9331 Priority of rights of purchasers of instruments, documents, and securities under other articles; priority of interests in financial assets and security entitlements under article 8.
Section 440.9332 Transfer of money; transfer of funds from deposit account.
Section 440.9333 Priority of certain liens arising by operation of law.
Section 440.9334 Priority of security interests in fixtures and crops.
Section 440.9335 Accessions.
Section 440.9336 Commingled goods.
Section 440.9337 Priority of security interests in goods covered by certificate of title.
Section 440.9338 Priority of security interests or agricultural lien perfected by filed financing statement providing certain incorrect information.
Section 440.9339 Priority subject to subordination.
174-1962-9-3-4. SUBPART 4. RIGHTS OF BANK (440.9340...440.9342)
Section 440.9340 Effectiveness of right of recoupment or setoff against deposit account.
Section 440.9341 Bank's rights and duties with respect to deposit account.
Section 440.9342 Bank's right to refuse to enter into or disclose existence of control agreement.
174-1962-9-4 PART 4 RIGHTS OF THIRD PARTIES (440.9401...440.9410)
Section 440.9401 Alienability of debtor's rights.
Section 440.9402 Secured party not obligated on contract of debtor or in tort.
Section 440.9403 Agreement not to assert defenses against assignee.
Section 440.9404 Rights acquired by assignee; claims and defenses against assignee.
Section 440.9405 Modification of assigned contract.
Section 440.9406 Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.
Section 440.9407 Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest.
Section 440.9408 Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective.
Section 440.9408a Repealed. 2000, Act 348, Eff. July 1, 2001.
Section 440.9409 Restrictions on assignment of letter-of-credit rights ineffective.
Section 440.9410 Repealed. 2000, Act 348, Eff. July 1, 2001.
174-1962-9-5 PART 5 FILING (440.9501...440.9527)
174-1962-9-5-1. SUBPART 1. FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT (440.9501...440.9518)
Section 440.9501 Filing office.
Section 440.9501a Fraudulent financing statement; affidavit; form; notice; termination of financing statement; filing fee; notice of termination; action to reinstate financing statement; court order; payment of costs and expenses; violation as felony; penalty; "regulated financial institution" defined.
Section 440.9502 Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.
Section 440.9503 Name of debtor and secured party; "name of the settlor or testator" defined.
Section 440.9504 Indication of collateral.
Section 440.9505 Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions.
Section 440.9506 Effect of errors or omissions.
Section 440.9507 Effect of certain events on effectiveness of financing statement.
Section 440.9508 Effectiveness of financing statement if new debtor becomes bound by security agreement.
Section 440.9509 Persons entitled to file a record.
Section 440.9510 Effectiveness of filing record.
Section 440.9511 Secured party of record.
Section 440.9512 Amendment of financing statement.
Section 440.9513 Termination statement.
Section 440.9514 Assignment of powers of secured party of record.
Section 440.9515 Duration and effectiveness of financing statement; effect of lapsed financing statement; continuation statement; termination.
Section 440.9516 Filing; requirements; communication of record with tender of filing fee; effectiveness.
Section 440.9517 Effect of indexing errors.
Section 440.9518 Information statement concerning inaccurate or wrongfully filed record.
174-1962-9-5-2. SUBPART 2. DUTIES AND OPERATION OF FILING OFFICE (440.9519...440.9527)
Section 440.9519 Numbering, maintaining, and indexing records; communicating information provided in records.
Section 440.9520 Acceptance and refusal to accept record; wrongful filing; action to require secretary of state to accept record; personal liability; filing by regulated financial institution.
Section 440.9521 Form and format of written initial financing statement and amendment.
Section 440.9522 Maintenance and destruction of records.
Section 440.9523 Request for acknowledgment of filing; duties of filing office; communication; medium; subscription; fee.
Section 440.9524 Delay by filing office.
Section 440.9525 Fee for filing and indexing record; other fees.
Section 440.9526 Filing-office rules.
Section 440.9527 Repealed. 2008, Act 383, Eff. Mar. 29, 2009.
174-1962-9-6 PART 6 DEFAULT (440.9601...440.9628)
174-1962-9-6-1. SUBPART 1. DEFAULT AND ENFORCEMENT OF SECURITY INTEREST (440.9601...440.9624)
Section 440.9601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.
Section 440.9602 Waiver and variance of rights and duties.
Section 440.9603 Agreement on standards concerning rights and duties.
Section 440.9604 Procedure if security agreement covers real property or fixtures.
Section 440.9605 Unknown debtor or secondary obligor.
Section 440.9606 Time of default for agricultural lien.
Section 440.9607 Collection and enforcement by secured party.
Section 440.9608 Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.
Section 440.9609 Secured party's right to take possession after default.
Section 440.9610 Disposition of collateral after default.
Section 440.9611 Notification before disposition of collateral.
Section 440.9612 Timeliness of notification before disposition of collateral.
Section 440.9613 Contents and form of notification before disposition of collateral; generally.
Section 440.9614 Contents and form of notification before disposition of collateral; consumer-goods transaction.
Section 440.9615 Application of proceeds of disposition; liability for deficiency and right to surplus.
Section 440.9616 Explanation of calculation of surplus or deficiency.
Section 440.9617 Rights of transferee of collateral.
Section 440.9618 Rights and duties of certain secondary obligors.
Section 440.9619 Transfer of record or legal title.
Section 440.9620 Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.
Section 440.9621 Notification of proposal to accept collateral.
Section 440.9622 Effect of acceptance of collateral.
Section 440.9623 Right to redeem collateral.
Section 440.9624 Waiver.
174-1962-9-6-2. SUBPART 2. NONCOMPLIANCE WITH ARTICLE (440.9625...440.9628)
Section 440.9625 Remedies for secured party's failure to comply with article.
Section 440.9626 Action in which deficiency or surplus is in issue.
Section 440.9627 Determination of whether conduct was commercially reasonable.
Section 440.9628 Nonliability and limitation on liability of secured party; liability of secondary obligor.
174-1962-9-7 PART 7 TRANSITION (440.9701...440.9709)
Section 440.9701 “This amendatory act” defined.
Section 440.9702 Savings clause.
Section 440.9703 Security interest perfected before effective date.
Section 440.9704 Security interest unperfected before effective date.
Section 440.9705 Effectiveness of action taken before effective date.
Section 440.9706 When initial financing statement suffices to continue effectiveness of financing statement.
Section 440.9707 Pre-effective-date financing statement.
Section 440.9708 Persons entitled to file initial financing statement or continuation statement.
Section 440.9709 Priority.
174-1962-9-8 PART 8 TRANSITION PROVISIONS FOR 2010 AMENDMENTS (440.9801...440.9809)
Section 440.9801 Definitions.
Section 440.9802 Applicability; scope.
Section 440.9803 Perfected security interest before effective date of amendatory act.
Section 440.9804 Unperfected security interest before effective date of amendatory act.
Section 440.9805 Filing of financing statement or continuation statement before effective date of amendatory act.
Section 440.9806 Continuation of effectiveness of pre-effective-date financing statement; filing of initial financing statement.
Section 440.9807 Amending information in pre-effective-date financing statement; filing termination statement.
Section 440.9808 Filing initial financing statement or continuation statement; conditions.
Section 440.9809 Priority of conflicting claims to collateral; establishment before effective date of amendatory act.
174-1962-9-EFFECTIVE-DATE-AND-REPEALER PART EFFECTIVE DATE AND REPEALER (440.9991...440.9994)
Section 440.9991 Effective date of act; application to future transactions.
Section 440.9992 Repeal.
Section 440.9993 Saving clause.
Section 440.9994 Effect of Article 7.