West Virginia Code § 46-9-203

Attachment and enforceability of security interest; proceeds; supporting
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obligations; formal requisites.
(a) Attachment. 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) Enforceability. Except as otherwise provided in subsections (c) through (i), inclusive, of
this section, a security interest is enforceable against the debtor and third parties with
respect to the collateral only if:
(1) Value has been given;
(2) The debtor has rights in the collateral or the power to transfer rights in the collateral to a
secured party; and a
(3) One of the following conditions is met: l
(A) The debtor has authenticated 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) The collateral is not a certificated security and is in the possession of the secured party
under section 9-313 pursuant to the debtor's security agreement;
(C) The collateral is a ceLrtificated security in registered form and the security certificate has
been delivered to the secured party under section 8-301 pursuant to the debtor's security
agreement; or
(D) The collateral is deposit accounts, electronic chattel paper, investment property letter-of-
credit rights, or electronic documents, and the secured party has control under section
7-10W6, 9-104, 9-105, 9-106 or 9-107 pursuant to the debtor's security agreement.
(c) Other UCC provisions. Subsection (b) of this section is subject to section 4-210 on the
security interest of a collecting bank, section 5-118 on the security interest of a letter-of-
credit issuer or nominated person, section 9-110 on a security interest arising under article
two or two-a of this chapter and section 9-206 on security interests in investment property.
(d) When person becomes bound by another person's security. A person becomes bound as
debtor by a security agreement entered into by another person if, by operation of law other
than this article or by contract:
(1) The security agreement becomes effective to create a security interest in the person's
property; or
(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) Effect of new debtor becoming bound. If a new debtor becomes bound as debtor by a
security agreement entered into by another person:
(1) The agreement satisfies subsection (b)(3) of this section with respect to existing or after-
acquired property of the new debtor to the extent the property is described in the
agreement; and
(2) Another agreement is not necessary to make a security intereust in the property
enforceable.
(f) Proceeds and supporting obligations. The attachment of a security interest in collateral
gives the secured party the rights to proceeds providead by section 9-315 and is also
attachment of a security interest in a supporting obligation for the collateral.
(g) Lien securing right to payment. 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 initerest in the security interest, mortgage or other
lien.
(h) Security entitlement carried in securities account. 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) Commodity contracts carried in commodity account. The attachment of a security interest
in a commodity acco unt is also attachment of a security interest in the commodity contracts
carried in theV commodity account.

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