ORS 79.0310¹
UCC 9-310. When filing required to perfect security interest or agricultural lien
  • security interests and agricultural liens to which filing provisions do not apply

(1) Except as otherwise provided in subsection (2) of this section and ORS 79.0312 (UCC 9-312. Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights and money) (2), a financing statement must be filed to perfect all security interests and agricultural liens.

(2) The filing of a financing statement is not necessary to perfect a security interest:

(a) That is perfected under ORS 79.0308 (UCC 9-308. When security interest or agricultural lien is perfected) (4), (5), (6) or (7);

(b) That is perfected under ORS 79.0309 (UCC 9-309. Security interest perfected upon attachment) when it attaches;

(c) In property subject to a statute, regulation or treaty described in ORS 79.0311 (UCC 9-311. Perfection of security interests in property subject to certain statutes, regulations and treaties) (1);

(d) In goods in possession of a bailee that are perfected under ORS 79.0312 (UCC 9-312. Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights and money) (4)(a) or (b);

(e) In certificated securities, documents, goods or instruments that are perfected without filing or possession under ORS 79.0312 (UCC 9-312. Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights and money) (5), (6) or (7);

(f) In collateral in the secured party’s possession under ORS 79.0313 (UCC 9-313. When possession by or delivery to secured party perfects security interest without filing);

(g) In a certificated security which is perfected by delivery of the security certificate to the secured party under ORS 79.0313 (UCC 9-313. When possession by or delivery to secured party perfects security interest without filing);

(h) In deposit accounts, electronic chattel paper, investment property or letter-of-credit rights that are perfected by control under ORS 79.0314 (UCC 9-314. Perfection by control);

(i) In proceeds that are perfected under ORS 79.0315 (UCC 9-315. Secured party's rights on disposition of collateral and in proceeds); or

(j) That are perfected under ORS 79.0316 (UCC 9-316. Continued perfection of security interest following change in governing law).

(3) If a secured party assigns a perfected security interest or agricultural lien, a filing under this chapter is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor. [2001 c.445 §30]

Chapter 79

Note

Subject sec­tions all sub­se­quently renumbered or repealed

Notes of Decisions

The require­ments of this chapter necessary to grant the peti­tioner a security interest in the first net proceeds were satisfied. Great W. Nat. Bank v. Hill, 27 Or App 893, 557 P2d 1367 (1976), Sup Ct review denied

This chapter applies to the assign­ment of proceeds of a pending lawsuit. Great W. Nat. Bank v. Hill, 27 Or App 893, 557 P2d 1367 (1976), Sup Ct review denied

Where lease instru­ment covering farm tractor re­quired lessee to be responsible for taxes and insurance, to bear risk of loss and excluded warranties of fitness and merchantability; at end of lease period fair market wholesale value of tractor would be substantially less than actual estimated value; and common practice was for lessees to purchase tractors for anticipated fair market wholesale value, instru­ment was security agree­ment governed by this chapter. Appleway Leasing Inc., v. Wilken, 39 Or App 43, 591 P2d 382 (1979)

Clear and unequivocal ac­tions manifesting party's intent to waive may be proved by parol and circumstantial evidence as well as by direct testimony. Bank of Eastern Oregon v. Griffith, 101 Or App 528, 792 P2d 1210 (1990)

Law Review Cita­tions

12 WLJ 207-264 (1976); 16 WLR 755 (1980); 75 OLR 493 (1996)

1 Legislative Counsel Committee, CHAPTER 79—Secured Transactions, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors79.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 79, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­079ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information