Oklahoma Code § 12A-1-9-313

Title 12A. Uniform Commercial Code: When possession by or delivery to secured party
Open in Lexace · Ask the AI about this section
perfects security interest without filing.
WHEN POSSESSION BY OR DELIVERY TO SECURED PARTY
PERFECTS SECURITY INTEREST WITHOUT FILING
(a)  Except as otherwise provided in subsection (b) of this
section, a secured party may perfect a security interest in goods,
instruments, negotiable tangible documents, or money by taking
possession of the collateral.  A secured party may perfect a
security interest in certificated securities by taking delivery of
the certificated securities under Section 8-301 of this title.
(b)  With respect to goods covered by a certificate of title
issued by this state, a secured party may perfect a security
interest in the goods by taking possession of the goods only in the
circumstances described in subsection (d) of Section 1-9-316 of this
title.
(c)  With respect to collateral other than certificated
securities and goods covered by a document, a secured party takes
possession of collateral in the possession of a person other than
the debtor, the secured party, or a lessee of the collateral from
the debtor in the ordinary course of the debtor's business, when:
(1)  the person in possession signs a record acknowledging that
it holds possession of the collateral for the secured party's
benefit; or
(2)  the person takes possession of the collateral after having
signed a record acknowledging that it will hold possession of
collateral for the secured party's benefit.
(d)  If perfection of a security interest depends upon
possession of the collateral by a secured party, perfection occurs
not earlier than the time the secured party takes possession and
continues only while the secured party retains possession.
(e)  A security interest in a certificated security in
registered form is perfected by delivery when delivery of the
certificated security occurs under Section 8-301 of this title and
remains perfected by delivery until the debtor obtains possession of
the security certificate.
(f)  A person in possession of collateral is not required to
acknowledge that it holds possession for a secured party's benefit.
(g)  If a person acknowledges that it holds possession for the
secured party's benefit:
(1)  the acknowledgment is effective under subsection (c) of
this section or subsection (a) of Section 8-301 of this title, even
if the acknowledgment violates the rights of a debtor; and
(2)  unless the person otherwise agrees or law other than this
article otherwise provides, the person does not owe any duty to the
secured party and is not required to confirm the acknowledgment to
another person.

(h)  A secured party having possession of collateral does not
relinquish possession by delivering the collateral to a person other
than the debtor or a lessee of the collateral from the debtor in the
ordinary course of the debtor's business if the person was
instructed before the delivery or is instructed contemporaneously
with the delivery:
(1)  to hold possession of the collateral for the secured
party's benefit; or
(2)  to redeliver the collateral to the secured party.
(i)  A secured party does not relinquish possession, even if a
delivery under subsection (h) of this section violates the rights of
a debtor.  A person to which collateral is delivered under
subsection (h) of this section does not owe any duty to the secured
party and is not required to confirm the delivery to another person
unless the person otherwise agrees or law other than this article
otherwise provides.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.