West Virginia Code § 46-9-313

When possession by or delivery to secured party perfects security
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interest without filing.
(a) Perfection by possession or delivery. Except as otherwise provided in subsection (b) of
this section, a secured party may perfect a security interest in tangible negotiable
documents, goods, instruments, money or tangible chattel paper by taking possession of the
collateral. A secured party may perfect a security interest in certificated seceurities by taking
delivery of the certificated securities under section 8-301.
(b) Goods covered by certificate of title. With respect to goods covered by a certificate of
title issued by this state, a secured party may perfect a security iunterest in the goods by
taking possession of the goods only in the circumstances described in section 9-316(d).
(c) Collateral in possession of person other than debtor. 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 coulrse of the debtor's business, when:
(1) The person in possession authenticates a record acknowledging that it holds possession
of the collateral for the secured party's beniefit; or
(2) The person takes possession of the collateral after having authenticated a record
acknowledging that it will hold possession of collateral for the secured party's benefit.
(d) Time of perfection by possession; continuation of perfection. If perfection of a security
interest depends upon possession of the collateral by a secured party, perfection occurs no
earlier than the time the secured party takes possession and continues only while the
secured party retains possession.
(e) Time of perfection by delivery; continuation of perfection. 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 and remains perfected by delivery until the
debtor obtains possession of the security certificate.
(f) Acknowledgment not required. A person in possession of collateral is not required to
acknowledge that it holds possession for a secured party's benefit.
(g) Effectiveness of acknowledgment; no duties or confirmation. 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 section 8-301(a),
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) Secured party's delivery to person other than debtor. 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) Effect of delivery under subsection (h); no duties or confirmation. To holed 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 pearson otherwise agrees or law other
than this article otherwise provides.

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