RCW 62A.9A-311
Perfection of security interests in property
subject to certain statutes, regulations, and treaties.
(Effective until July 1, 2013.)
(a) Security interest subject to
other law. Except as otherwise provided in subsection (d) of
this section, the filing of a financing statement is not
necessary or effective to perfect a security interest in property
subject to:
(1) A statute, regulation, or treaty of the United States
whose requirements for a security interest's obtaining priority
over the rights of a lien creditor with respect to the property
preempt RCW 62A.9A-310(a);
(2) RCW 46.12.675 or 88.02.520, or chapter 65.12 RCW; or
(3) A certificate-of-title statute of another jurisdiction
which provides for a security interest to be indicated on the
certificate as a condition or result of the security interest's
obtaining priority over the rights of a lien creditor with
respect to the property.
(b) Compliance with other law. Compliance with the
requirements of a statute, regulation, or treaty described in
subsection (a) of this section for obtaining priority over the
rights of a lien creditor is equivalent to the filing of a
financing statement under this Article. Except as otherwise
provided in subsection (d) of this section, RCW 62A.9A-313, and62A.9A-316
(d) and (e) for goods covered by a certificate of
title, a security interest in property subject to a statute,
regulation, or treaty described in subsection (a) of this section
may be perfected only by compliance with those requirements, and
a security interest so perfected remains perfected
notwithstanding a change in the use or transfer of possession of
the collateral.
(c) Duration and renewal of perfection. Except as otherwise
provided in subsection (d) of this section and RCW 62A.9A-316 (d)
and (e), duration and renewal of perfection of a security
interest perfected by compliance with the requirements prescribed
by a statute, regulation, or treaty described in subsection (a)
of this section are governed by the statute, regulation, or
treaty. In other respects, the security interest is subject to
this Article.
(d) Inapplicability to certain inventory. During any period
in which collateral subject to RCW *46.12.095 or 88.02.520, or
chapter 65.12 RCW is inventory held for sale or lease by a person
or leased by that person as lessor and that person is in the
business of selling goods of that kind, this section does not
apply to a security interest in that collateral created by that
person.
[2010 c 161 § 1151; 2001 c 32 § 25; 2000 c 250 § 9A-311.]
NOTES:
*Reviser's note: RCW 46.12.095 was repealed by 2010 c 161 § 325, effective July 1, 2011. For later enactment, see RCW 46.12.675 (1) through (3).
Effective date -- Intent -- Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session -- 2010 c 161: See notes following RCW 46.04.013.
Effective date -- 2001 c 32: See note following RCW62A.9A-102 .
RCW 62A.9A-311
Perfection of security interests in property
subject to certain statutes, regulations, and treaties.
(Effective July 1, 2013.)
(a) Security interest subject to other
law. Except as otherwise provided in subsection (d) of this
section, the filing of a financing statement is not necessary or
effective to perfect a security interest in property subject to:
(1) A statute, regulation, or treaty of the United States
whose requirements for a security interest's obtaining priority
over the rights of a lien creditor with respect to the property
preempt RCW 62A.9A-310(a);
(2) RCW 46.12.675 or 88.02.520, or chapter 65.12 RCW; or
(3) A statute of another jurisdiction which provides for a
security interest to be indicated on a certificate of title as a
condition or result of the security interest's obtaining priority
over the rights of a lien creditor with respect to the property.
(b) Compliance with other law. Compliance with the
requirements of a statute, regulation, or treaty described in
subsection (a) of this section for obtaining priority over the
rights of a lien creditor is equivalent to the filing of a
financing statement under this Article. Except as otherwise
provided in subsection (d) of this section, RCW 62A.9A-313, and62A.9A-316
(d) and (e) for goods covered by a certificate of
title, a security interest in property subject to a statute,
regulation, or treaty described in subsection (a) of this section
may be perfected only by compliance with those requirements, and
a security interest so perfected remains perfected
notwithstanding a change in the use or transfer of possession of
the collateral.
(c) Duration and renewal of perfection. Except as otherwise
provided in subsection (d) of this section and RCW 62A.9A-316 (d)
and (e), duration and renewal of perfection of a security
interest perfected by compliance with the requirements prescribed
by a statute, regulation, or treaty described in subsection (a)
of this section are governed by the statute, regulation, or
treaty. In other respects, the security interest is subject to
this Article.
(d) Inapplicability to certain inventory. During any period
in which collateral subject to RCW 46.12.675 or 88.02.520, or
chapter 65.12 RCW is inventory held for sale or lease by a person
or leased by that person as lessor and that person is in the
business of selling goods of that kind, this section does not
apply to a security interest in that collateral created by that
person.
[2011 c 74 § 202; 2010 c 161 § 1151; 2001 c 32 § 25; 2000 c 250 § 9A-311.]
NOTES:
Application -- Correction of references -- Effective date -- 2011 c 74: See notes following RCW 62A.9A-102.
Effective date -- Intent -- Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session -- 2010 c 161: See notes following RCW 46.04.013.
Effective date -- 2001 c 32: See note following RCW62A.9A-102 .