2017 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, control 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, electronic documents, 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. Effect of 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; 2009 c.181 §96]

Chapter 79

Notes of Decisions

Where creditor with prior perfected secured interest opts not to exercise elective remedies against debtor, creditor maintains security interest and sub­se­quent garnishor takes subject to creditor so that may trace and recapture collateral funds from garnishor. Davis v. F.W. Financial Services, Inc., 260 Or App 191, 317 P3d 916 (2013), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 79—Secured Transactions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors079.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 79, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano079.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.