Chapter 2Effectiveness of Security Agreement: Attachment of Security Interest: Rights of Parties to Security Agreement
Section § 9201
A security agreement usually works as planned between the people involved, as well as against buyers of the collateral and creditors. However, if other laws say something different, those other rules apply. This includes various consumer protection laws, business and professions codes, and specific acts like the Retail Installment Sales Act and the Automobile Sales Finance Act. If there's a conflict between these rules and the security agreement rules, the other laws win. This law doesn't allow practices or charges that violate these other rules and doesn't change which transactions these laws apply to.
Section § 9202
This law states that the rules about rights and responsibilities in handling collateral apply equally whether the collateral is owned by the lender (secured party) or the borrower (debtor). However, there are exceptions when dealing with consignments or sales involving accounts, chattel paper, payment intangibles, or promissory notes.
Section § 9203
In simple terms, this law explains when a security interest can attach to a piece of property, called collateral, making it enforceable. For this to happen, certain conditions must be met: value must be given, the debtor must have rights to the collateral, and there must be a signed security agreement or control/possession of the collateral. It also discusses specific scenarios, like what happens if someone new becomes responsible for a previous person's security agreement. The law further details the rights a secured party gains when their security interest attaches, including rights to any proceeds and related obligations, and specifies different types of accounts and agreements for attachment.
Section § 9204
This section talks about how security agreements can include assets that a person or company will acquire in the future. However, there are exceptions. These agreements generally can't include consumer goods or commercial tort claims unless specific conditions are met. For instance, if consumer goods are obtained within 10 days of providing value, or if they become proceeds from other goods or claims, they might still be included. Additionally, the law allows collateral to be tied to future financial advances or transactions.
Section § 9205
This law outlines that a security interest (like a lender's claim on a debtor's property as collateral) isn't considered invalid just because the debtor has the right to handle the collateral in various ways, such as using, mixing, or selling it. Also, the security interest remains valid even if the lender doesn't make the debtor report proceeds or replace the collateral. However, if the security interest depends on the lender having physical possession of the collateral, this law doesn’t change those requirements.
Section § 9206
This law explains when a security interest—meaning a type of legal claim or lien—attaches in financial transactions. First, if you buy a financial asset through a company that holds securities and you owe them money for the purchase, they have a security interest if they credit your account before you pay. This means they have a claim to ensure you pay. Second, if you get a physical financial asset like a stock certificate via delivery and you owe money for it, the person delivering has an interest to secure your payment obligation. Essentially, it protects the intermediary or deliverer's right to payment by granting them a legal claim.
Section § 9207
If a secured party is holding onto someone else's property as collateral, they must take care of it. This includes making sure that documents related to the collateral are kept safe. The debtor is responsible for covering reasonable expenses like taxes and insurance costs to maintain or protect the collateral. If the secured party uses the collateral, it must be to keep its value, as agreed with the debtor, or under court orders. They can use proceeds from collateral to pay down the debt. In some cases, like when the secured party is a buyer of certain types of financial assets, they're not responsible for the care of the collateral unless there’s an agreement stating so.
Section § 9208
This law section kicks in when there’s no more debt or obligation left on an account controlled by a secured party. If the debtor requests, the secured party has 10 days to respond by releasing control of various financial accounts and instruments back to the debtor or as directed by them. This includes deposit accounts, investment properties, letters of credit, electronic records, and electronic money. Essentially, it ensures that once financial obligations are met, the secured party must relinquish control and any further rights they have concerning these assets.
Section § 9209
This law states that if a debtor no longer owes anything and the secured party (like a lender) isn't planning to give more funds or services, the secured party must release the debtor from any future obligations. Once they get a written request, they have 10 days to send a release to the relevant parties. However, this does not apply if the account or asset was sold in an assignment.
Section § 9210
This law section explains what types of formal inquiries a debtor (someone who owes money) can make to a secured party (the party to whom the money is owed) about their debts and collateral. It specifies that the debtor can request information about unpaid debts, lists of collateral, or account statements. The secured party must respond within 14 days to provide or correct the requested information. If the respondent no longer has an interest in the collateral or obligations, they must clarify this and provide contact details for any new interested party. Debtors are allowed one free response every six months; additional responses can be charged up to $25.