Utah Code § 70A-9a-306.1

Law governing perfection and priority of security interests in chattel paper
Open in Lexace · Ask the AI about this section
(1) Except as provided in Subsection (4), if chattel paper is evidenced only by an authoritative
electronic copy of the chattel paper or is evidenced by an authoritative electronic copy and an
authoritative tangible copy, the local law of the chattel paper's jurisdiction governs perfection,
the effect of perfection or nonperfection, and the priority of a security interest in the chattel
paper, even if the transaction does not bear any relation to the chattel paper's jurisdiction.
(2) The following rules determine the chattel paper's jurisdiction under this section:
(a) If the authoritative electronic copy of the record evidencing chattel paper, or a record attached
to or logically associated with the electronic copy and readily available for review, expressly
provides that a particular jurisdiction is the chattel paper's jurisdiction for purposes of this part,
this chapter, or this title, that jurisdiction is the chattel paper's jurisdiction.
(b) If Subsection (2)(b) does not apply and the rules of the system in which the authoritative
electronic copy is recorded are readily available for review and expressly provide that a
particular jurisdiction is the chattel paper's jurisdiction for purposes of this part, this chapter, or
this title, that jurisdiction is the chattel paper's jurisdiction.
(c) If Subsections (2)(a) and (b) do not apply and the authoritative electronic copy, or a record
attached to or logically associated with the electronic copy and readily available for review,
expressly provides that the chattel paper is governed by the law of a particular jurisdiction,
that jurisdiction is the chattel paper's jurisdiction.
(d) If Subsections (2)(a), (b), and (c) do not apply and the rules of the system in which the
authoritative electronic copy is recorded are readily available for review and expressly provide
that the chattel paper or the system is governed by the law of a particular jurisdiction, that
jurisdiction is the chattel paper's jurisdiction.
(e) If Subsections (2)(a) through (d) do not apply, the chattel paper's jurisdiction is the jurisdiction
in which the debtor is located.
(3) If an authoritative tangible copy of a record evidences chattel paper and the chattel paper is not
evidenced by an authoritative electronic copy, while the authoritative tangible copy of the record
evidencing chattel paper is located in a jurisdiction, the local law of that jurisdiction governs:
(a) perfection of a security interest in the chattel paper by possession under Section
70A-9a-314.1; and
(b) the effect of perfection or nonperfection and the priority of a security interest in the chattel
paper.
(4) The local law of the jurisdiction in which the debtor is located governs perfection of a security
interest in chattel paper by filing.

‹ Prev All Utah 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.