RCW 62A.9A-317
Interests that take priority over or take
free of security interest or agricultural lien. (Effective until
July 1, 2013.)
(a) Conflicting security interests and rights of
lien creditors. A security interest or agricultural lien is
subordinate to the rights of:
(1) A person entitled to priority under RCW 62A.9A-322; and
(2) Except as otherwise provided in subsection (e) of this
section, a person that becomes a lien creditor before the earlier
of the time:
(A) The security interest or agricultural lien is perfected;
or
(B) One of the conditions specified in RCW 62A.9A-203(b)(3)
is met and a financing statement covering the collateral is
filed.
(b) Buyers that receive delivery. Except as otherwise
provided in subsection (e) of this section, a buyer, other than a
secured party, of tangible chattel paper, documents, goods,
instruments, or a security certificate takes free of a security
interest or agricultural lien if the buyer gives value and
receives delivery of the collateral without knowledge of the
security interest or agricultural lien and before it is
perfected.
(c) Lessees that receive delivery. Except as otherwise
provided in subsection (e) of this section, a lessee of goods
takes free of a security interest or agricultural lien if the
lessee gives value and receives delivery of the collateral
without knowledge of the security interest or agricultural lien
and before it is perfected.
(d) Licensees and buyers of certain collateral. A licensee
of a general intangible or a buyer, other than a secured party,
of accounts, electronic chattel paper, general intangibles, or
investment property other than a certificated security takes free
of a security interest if the licensee or buyer gives value
without knowledge of the security interest and before it is
perfected.
(e) Purchase-money security interest. Except as otherwise
provided in RCW 62A.9A-320 and 62A.9A-321, if a person files a
financing statement with respect to a purchase-money security
interest before or within twenty days after the debtor receives
delivery of the collateral, the security interest takes priority
over the rights of a buyer, lessee, or lien creditor which arise
between the time the security interest attaches and the time of
filing.
[2001 c 32 § 27; 2000 c 250 § 9A-317.]
NOTES:
Effective date -- 2001 c 32: See note following RCW62A.9A-102 .
RCW 62A.9A-317
Interests that take priority over or take
free of security interest or agricultural lien. (Effective July
1, 2013.)
(a) Conflicting security interests and rights of lien
creditors. A security interest or agricultural lien is
subordinate to the rights of:
(1) A person entitled to priority under RCW 62A.9A-322; and
(2) Except as otherwise provided in subsection (e) of this
section, a person that becomes a lien creditor before the earlier
of the time:
(A) The security interest or agricultural lien is perfected;
or
(B) One of the conditions specified in RCW 62A.9A-203(b)(3)
is met and a financing statement covering the collateral is
filed.
(b) Buyers that receive delivery. Except as otherwise
provided in subsection (e) of this section, a buyer, other than a
secured party, of tangible chattel paper, documents, goods,
instruments, or a certificated security takes free of a security
interest or agricultural lien if the buyer gives value and
receives delivery of the collateral without knowledge of the
security interest or agricultural lien and before it is
perfected.
(c) Lessees that receive delivery. Except as otherwise
provided in subsection (e) of this section, a lessee of goods
takes free of a security interest or agricultural lien if the
lessee gives value and receives delivery of the collateral
without knowledge of the security interest or agricultural lien
and before it is perfected.
(d) Licensees and buyers of certain collateral. A licensee
of a general intangible or a buyer, other than a secured party,
of collateral other than tangible chattel paper, tangible
documents, goods, instruments, or a certificated security takes
free of a security interest if the licensee or buyer gives value
without knowledge of the security interest and before it is
perfected.
(e) Purchase-money security interest. Except as otherwise
provided in RCW 62A.9A-320 and 62A.9A-321, if a person files a
financing statement with respect to a purchase-money security
interest before or within twenty days after the debtor receives
delivery of the collateral, the security interest takes priority
over the rights of a buyer, lessee, or lien creditor which arise
between the time the security interest attaches and the time of
filing.
[2011 c 74 § 204; 2001 c 32 § 27; 2000 c 250 § 9A-317.]
NOTES:
Application -- Correction of references -- Effective date -- 2011 c 74: See notes following RCW 62A.9A-102.
Effective date -- 2001 c 32: See note following RCW62A.9A-102 .