Section § 9201

Explanation

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.

(a)CA Commercial Law Code § 9201(a) Except as otherwise provided in this code, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.
(b)CA Commercial Law Code § 9201(b) A transaction subject to this division is subject to any applicable rule of law which establishes a different rule for consumers; to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code; Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code; the Retail Installment Sales Act, Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code; the Automobile Sales Finance Act, Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code; Part 4 (commencing with Section 1738) of Division 3 of the Civil Code, with respect to the applicable provisions of Titles 1 (commencing with Section 1738), 1.3 (commencing with Section 1747), 1.3A (commencing with Section 1748.10), 1.3B (commencing with Section 1748.20), 1.4 (commencing with Section 1749), 1.5 (commencing with Section 1750), 1.6 (commencing with Section 1785.1), 1.61 (commencing with Section 1785.41), 1.6A (commencing with Section 1786), 1.6B (commencing with Section 1787.1), 1.6C (commencing with Section 1788), 1.6D (commencing with Section 1789), 1.6E (commencing with Section 1789.10), 1.6F (commencing with Section 1789.30), 1.7 (commencing with Section 1790), 1.8 (commencing with Section 1798), 1.83 (commencing with Section 1799.5), 1.84 (commencing with Section 1799.8), 1.85 (commencing with Section 1799.90), 1.86 (commencing with Section 1799.200), 2 (commencing with Section 1801), 2.4 (commencing with Section 1812.50), 2.5 (commencing with Section 1812.80), 2.6 (commencing with Section 1812.100), 2.7 (commencing with Section 1812.200), 2.8 (commencing with Section 1812.300), 2.9 (commencing with Section 1812.400), 2.95 (commencing with Section 1812.600), 2.96 (commencing with Section 1812.620), 3 (commencing with Section 1813), 4 (commencing with Section 1884), and 14 (commencing with Section 2872); the Industrial Loan Law, Division 7 (commencing with Section 18000) of the Financial Code; the Pawnbroker Law, Division 8 (commencing with Section 21000) of the Financial Code; the California Financing Law, Division 9 (commencing with Section 22000) of the Financial Code; and the Mobilehomes-Manufactured Housing Act of 1980, Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code; and to any applicable consumer protection statute, regulation, or law.
(c)CA Commercial Law Code § 9201(c) In case of conflict between this division and a rule of law, statute, or regulation described in subdivision (b), the rule of law, statute, or regulation controls. Failure to comply with a statute or regulation described in subdivision (b) has only the effect the statute or regulation specifies.
(d)CA Commercial Law Code § 9201(d) This division does not do either of the following:
(1)CA Commercial Law Code § 9201(d)(1) Validate any rate, charge, agreement, or practice that violates a rule of law, statute, or regulation described in subdivision (b).
(2)CA Commercial Law Code § 9201(d)(2) Extend the application of the rule of law, statute, or regulation to a transaction not otherwise subject to it.

Section § 9202

Explanation

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.

Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this article with regard to rights and obligations apply whether title to collateral is in the secured party or the debtor.

Section § 9203

Explanation

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.

(a)CA Commercial Law Code § 9203(a) A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment.
(b)CA Commercial Law Code § 9203(b) Except as otherwise provided in subdivisions (c) to (i), inclusive, a security interest is enforceable against the debtor and third parties with respect to the collateral only if each of the following conditions is satisfied:
(1)CA Commercial Law Code § 9203(b)(1) Value has been given.
(2)CA Commercial Law Code § 9203(b)(2) The debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party.
(3)CA Commercial Law Code § 9203(b)(3) One of the following conditions is met:
(A)CA Commercial Law Code § 9203(b)(3)(A) The debtor has signed a security agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned.
(B)CA Commercial Law Code § 9203(b)(3)(B) The collateral is not a certificated security and is in the possession of the secured party under Section 9313 pursuant to the debtor’s security agreement.
(C)CA Commercial Law Code § 9203(b)(3)(C) The collateral is a certificated security in registered form and the security certificate has been delivered to the secured party under Section 8301 pursuant to the debtor’s security agreement.
(D)CA Commercial Law Code § 9203(b)(3)(D) The collateral is controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, investment property, or letter-of-credit rights and the secured party has control under Section 7106, 9104, 9105.1, 9106, 9107, or 9107.1 pursuant to the debtor’s security agreement.
(E)CA Commercial Law Code § 9203(b)(3)(E) The collateral is chattel paper and the secured party has possession and control under Section 9314.1 pursuant to the debtor’s security agreement.
(c)CA Commercial Law Code § 9203(c) Subdivision (b) is subject to Section 4210 on the security interest of a collecting bank, Section 5118 on the security interest of a letter-of-credit issuer or nominated person, Section 9110 on a security interest arising under Division 2 (commencing with Section 2101) or Division 10 (commencing with Section 10101), and Section 9206 on security interests in investment property.
(d)CA Commercial Law Code § 9203(d) A person becomes bound as debtor by a security agreement entered into by another person if, by operation of law other than this division or by contract, either of the following conditions is satisfied:
(1)CA Commercial Law Code § 9203(d)(1) The security agreement becomes effective to create a security interest in the person’s property.
(2)CA Commercial Law Code § 9203(d)(2) The person becomes generally obligated for the obligations of the other person, including the obligation secured under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person.
(e)CA Commercial Law Code § 9203(e) If a new debtor becomes bound as debtor by a security agreement entered into by another person, both of the following apply:
(1)CA Commercial Law Code § 9203(e)(1) The agreement satisfies paragraph (3) of subdivision (b) with respect to existing or after-acquired property of the new debtor to the extent the property is described in the agreement.
(2)CA Commercial Law Code § 9203(e)(2) Another agreement is not necessary to make a security interest in the property enforceable.
(f)CA Commercial Law Code § 9203(f) The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by Section 9315 and is also attachment of a security interest in a supporting obligation for the collateral.
(g)CA Commercial Law Code § 9203(g) The attachment of a security interest in a right to payment or performance secured by a security interest or other lien on personal or real property is also attachment of a security interest in the security interest, mortgage, or other lien.
(h)CA Commercial Law Code § 9203(h) The attachment of a security interest in a securities account is also attachment of a security interest in the security entitlements carried in the securities account.
(i)CA Commercial Law Code § 9203(i) The attachment of a security interest in a commodity account is also attachment of a security interest in the commodity contracts carried in the commodity account.

Section § 9204

Explanation

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.

(a)CA Commercial Law Code § 9204(a) Except as otherwise provided in subdivision (b), a security agreement may create or provide for a security interest in after-acquired collateral.
(b)CA Commercial Law Code § 9204(b) Subject to subdivision (c), a security interest does not attach under a term constituting an after-acquired property clause to either of the following:
(1)CA Commercial Law Code § 9204(b)(1) Consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within 10 days after the secured party gives value.
(2)CA Commercial Law Code § 9204(b)(2) A commercial tort claim.
(c)CA Commercial Law Code § 9204(c) Subdivision (b) does not prevent a security interest from attaching to any of the following:
(1)CA Commercial Law Code § 9204(c)(1) Consumer goods as proceeds under subdivision (a) of Section 9315 or commingled goods under subdivision (c) of Section 9336.
(2)CA Commercial Law Code § 9204(c)(2) A commercial tort claim as proceeds under subdivision (a) of Section 9315.
(3)CA Commercial Law Code § 9204(c)(3) Property that is the proceeds of consumer goods or a commercial tort claim under an after-acquired property clause.
(d)CA Commercial Law Code § 9204(d) A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.

Section § 9205

Explanation

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.

(a)CA Commercial Law Code § 9205(a) A security interest is not invalid or fraudulent against creditors solely because either of the following applies:
(1)CA Commercial Law Code § 9205(a)(1) The debtor has the right or ability to do any of the following:
(A)CA Commercial Law Code § 9205(a)(1)(A) Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods.
(B)CA Commercial Law Code § 9205(a)(1)(B) Collect, compromise, enforce, or otherwise deal with collateral.
(C)CA Commercial Law Code § 9205(a)(1)(C) Accept the return of collateral or make repossessions.
(D)CA Commercial Law Code § 9205(a)(1)(D) Use, commingle, or dispose of proceeds.
(2)CA Commercial Law Code § 9205(a)(2) The secured party fails to require the debtor to account for proceeds or replace collateral.
(b)CA Commercial Law Code § 9205(b) This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.

Section § 9206

Explanation

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.

(a)CA Commercial Law Code § 9206(a) A security interest in favor of a securities intermediary attaches to a person’s security entitlement if both of the following conditions are satisfied:
(1)CA Commercial Law Code § 9206(a)(1) The person buys a financial asset through the securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary at the time of the purchase.
(2)CA Commercial Law Code § 9206(a)(2) The securities intermediary credits the financial asset to the buyer’s securities account before the buyer pays the securities intermediary.
(b)CA Commercial Law Code § 9206(b) The security interest described in subdivision (a) secures the person’s obligation to pay for the financial asset.
(c)CA Commercial Law Code § 9206(c) A security interest in favor of a person that delivers a certificated security or other financial asset represented by a writing attaches to the security or other financial asset if both of the following conditions are satisfied:
(1)CA Commercial Law Code § 9206(c)(1) The security or other financial asset satisfies both of the following:
(A)CA Commercial Law Code § 9206(c)(1)(A) In the ordinary course of business it is transferred by delivery with any necessary endorsement or assignment.
(B)CA Commercial Law Code § 9206(c)(1)(B) It is delivered under an agreement between persons in the business of dealing with those securities or financial assets.
(2)CA Commercial Law Code § 9206(c)(2) The agreement calls for delivery against payment.
(d)CA Commercial Law Code § 9206(d) The security interest described in subdivision (c) secures the obligation to make payment for the delivery.

Section § 9207

Explanation

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.

(a)CA Commercial Law Code § 9207(a) Except as otherwise provided in subdivision (d), a secured party shall use reasonable care in the custody and preservation of collateral in the secured party’s possession. In the case of chattel paper or an instrument, reasonable care includes taking necessary steps to preserve rights against prior parties unless otherwise agreed.
(b)CA Commercial Law Code § 9207(b) Except as otherwise provided in subdivision (d), if a secured party has possession of collateral, all of the following apply:
(1)CA Commercial Law Code § 9207(b)(1) Reasonable expenses, including the cost of insurance and payment of taxes or other charges, incurred in the custody, preservation, use, or operation of the collateral are chargeable to the debtor and are secured by the collateral.
(2)CA Commercial Law Code § 9207(b)(2) The risk of accidental loss or damage is on the debtor to the extent of a deficiency in any effective insurance coverage.
(3)CA Commercial Law Code § 9207(b)(3) The secured party shall keep the collateral identifiable, but fungible collateral may be commingled.
(4)CA Commercial Law Code § 9207(b)(4) The secured party may use or operate the collateral for any of the following purposes:
(A)CA Commercial Law Code § 9207(b)(4)(A) For the purpose of preserving the collateral or its value.
(B)CA Commercial Law Code § 9207(b)(4)(B) As permitted by an order of a court having competent jurisdiction.
(C)CA Commercial Law Code § 9207(b)(4)(C) Except in the case of consumer goods, in the manner and to the extent agreed by the debtor.
(c)CA Commercial Law Code § 9207(c) Except as otherwise provided in subdivision (d), a secured party having possession of collateral or control of collateral under Section 7106, 9104, 9105, 9105.1, 9106, 9107, or 9107.1 may or shall, as the case may be, do all of the following:
(1)CA Commercial Law Code § 9207(c)(1) May hold as additional security any proceeds, except money or funds, received from the collateral.
(2)CA Commercial Law Code § 9207(c)(2) Shall apply money or funds received from the collateral to reduce the secured obligation, unless remitted to the debtor.
(3)CA Commercial Law Code § 9207(c)(3) May create a security interest in the collateral.
(d)CA Commercial Law Code § 9207(d) If the secured party is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, both of the following apply:
(1)CA Commercial Law Code § 9207(d)(1) Subdivision (a) does not apply unless the secured party is entitled under an agreement to either of the following:
(A)CA Commercial Law Code § 9207(d)(1)(A) To charge back uncollected collateral.
(B)CA Commercial Law Code § 9207(d)(1)(B) Otherwise to full or limited recourse against the debtor or a secondary obligor based on the nonpayment or other default of an account debtor or other obligor on the collateral.
(2)CA Commercial Law Code § 9207(d)(2) Subdivisions (b) and (c) do not apply.

Section § 9208

Explanation

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.

(a)CA Commercial Law Code § 9208(a) This section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value.
(b)CA Commercial Law Code § 9208(b) Within 10 days after receiving a signed demand by the debtor, all of the following apply:
(1)CA Commercial Law Code § 9208(b)(1) A secured party having control of a deposit account under paragraph (2) of subdivision (a) of Section 9104 shall send to the bank with which the deposit account is maintained a signed record that releases the bank from any further obligation to comply with instructions originated by the secured party.
(2)CA Commercial Law Code § 9208(b)(2) A secured party having control of a deposit account under paragraph (3) of subdivision (a) of Section 9104 shall do either of the following:
(A)CA Commercial Law Code § 9208(b)(2)(A) Pay the debtor the balance on deposit in the deposit account.
(B)CA Commercial Law Code § 9208(b)(2)(B) Transfer the balance on deposit into a deposit account in the debtor’s name.
(3)CA Commercial Law Code § 9208(b)(3) A secured party, other than a buyer, having control under Section 9105 of an authoritative electronic copy of a record evidencing chattel paper shall transfer control of the electronic copy to the debtor or a person designated by the debtor.
(4)CA Commercial Law Code § 9208(b)(4) A secured party having control of investment property under paragraph (2) of subdivision (d) of Section 8106 or under subdivision (b) of Section 9106 shall send to the securities intermediary or commodity intermediary with which the security entitlement or commodity contract is maintained a signed record that releases the securities intermediary or commodity intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party.
(5)CA Commercial Law Code § 9208(b)(5) A secured party having control of a letter-of-credit right under Section 9107 shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to the secured party a signed release from any further obligation to pay or deliver proceeds of the letter of credit to the secured party.
(6)CA Commercial Law Code § 9208(b)(6) A secured party having control under Section 7106 of an authoritative electronic copy of an electronic document of title shall transfer control of the electronic copy to the debtor or a person designated by the debtor.
(7)CA Commercial Law Code § 9208(b)(7) A secured party having control under Section 9105.1 of electronic money shall transfer control of the electronic money to the debtor or a person designated by the debtor.
(8)CA Commercial Law Code § 9208(b)(8) A secured party having control under Section 12105 of a controllable electronic record, other than a buyer of a controllable account or controllable payment intangible evidenced by the controllable electronic record, shall transfer control of the controllable electronic record to the debtor or a person designated by the debtor.

Section § 9209

Explanation

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.

(a)CA Commercial Law Code § 9209(a) Except as otherwise provided in subdivision (c), this section applies if both of the following conditions are satisfied:
(1)CA Commercial Law Code § 9209(a)(1) There is no outstanding secured obligation.
(2)CA Commercial Law Code § 9209(a)(2) The secured party is not committed to make advances, incur obligations, or otherwise give value.
(b)CA Commercial Law Code § 9209(b) Within 10 days after receiving a signed demand by the debtor, a secured party shall send to an account debtor that has received notification under subdivision (a) of Section 9406 or subdivision (b) of Section 12106 of an assignment to the secured party as assignee a signed record that releases the account debtor from any further obligation to the secured party.
(c)CA Commercial Law Code § 9209(c) This section does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible.

Section § 9210

Explanation

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.

(a)CA Commercial Law Code § 9210(a) In this section:
(1)CA Commercial Law Code § 9210(a)(1) “Request” means a record of a type described in paragraph (2), (3), or (4).
(2)CA Commercial Law Code § 9210(a)(2) “Request for an accounting” means a record signed by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request.
(3)CA Commercial Law Code § 9210(a)(3) “Request regarding a list of collateral” means a record signed by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request.
(4)CA Commercial Law Code § 9210(a)(4) “Request regarding a statement of account” means a record signed by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request.
(b)CA Commercial Law Code § 9210(b) Subject to subdivisions (c), (d), (e), and (f), a secured party, other than a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, shall comply with a request within 14 days after receipt as follows:
(1)CA Commercial Law Code § 9210(b)(1) In the case of a request for an accounting, by signing and sending to the debtor an accounting.
(2)CA Commercial Law Code § 9210(b)(2) In the case of a request regarding a list of collateral or a request regarding a statement of account, by signing and sending to the debtor an approval or correction.
(c)CA Commercial Law Code § 9210(c) A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply with a request regarding a list of collateral by sending to the debtor a signed record including a statement to that effect within 14 days after receipt.
(d)CA Commercial Law Code § 9210(d) A person that receives a request regarding a list of collateral, claims no interest in the collateral when it receives the request, and claimed an interest in the collateral at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor a signed record that contains both of the following:
(1)CA Commercial Law Code § 9210(d)(1) It disclaims any interest in the collateral.
(2)CA Commercial Law Code § 9210(d)(2) If known to the recipient, it provides the name and mailing address of any assignee of or successor to the recipient’s interest in the collateral.
(e)CA Commercial Law Code § 9210(e) A person that receives a request for an accounting or a request regarding a statement of account, claims no interest in the obligations when it receives the request, and claimed an interest in the obligations at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor a signed record that contains both of the following:
(1)CA Commercial Law Code § 9210(e)(1) It disclaims any interest in the obligations.
(2)CA Commercial Law Code § 9210(e)(2) If known to the recipient, it provides the name and mailing address of any assignee of or successor to the recipient’s interest in the obligations.
(f)CA Commercial Law Code § 9210(f) A debtor is entitled without charge to one response to a request under this section during any six-month period. The secured party may require payment of a charge not exceeding twenty-five dollars ($25) for each additional response.