West Virginia Code § 46-9-324

Priority of purchase-money security interests
Open in Lexace · Ask the AI about this section
(a) General rule: purchase-money priority. Except as otherwise provided in subsection (g) of
this section, a perfected purchase-money security interest in goods other than inventory or
livestock has priority over a conflicting security interest in the same goods, and, except as
otherwise provided in section 9-327, a perfected security interest in its identifiable proceeds
also has priority, if the purchase-money security interest is perfected when ethe debtor
receives possession of the collateral or within twenty days thereafter.
(b) Inventory purchase-money priority. Subject to subsection (c) and except as otherwise
provided in subsection (g) of this section, a perfected purchase-muoney security interest in
inventory has priority over a conflicting security interest in the same inventory, has priority
over a conflicting security interest in chattel paper or an insttrument constituting proceeds of
the inventory and in proceeds of the chattel paper, if so provided in section 9-330, and,
except as otherwise provided in section 9-327, also has priority in identifiable cash proceeds
of the inventory to the extent the identifiable cash proceeds are received on or before the
delivery of the inventory to a buyer, if:
(1) The purchase-money security interest is perfected when the debtor receives possession
of the inventory;
(2) The purchase-money secured party sends an authenticated notification to the holder of
the conflicting security interest;
(3) The holder of the conflicting security interest receives the notification within five years
before the debtor receives possession of the inventory; and
(4) The notification s tates that the person sending the notification has or expects to acquire
a purchase-mVoney security interest in inventory of the debtor and describes the inventory.
(c) Holders of conflicting inventory security interests to be notified. Subsection (b)(2)
through (4), inclusive, of this section apply only if the holder of the conflicting security
interest had filed a financing statement covering the same types of inventory:
(1) If the purchase-money security interest is perfected by filing, before the date of the filing;
or
(2) If the purchase-money security interest is temporarily perfected without filing or
possession under section 9-312(f), before the beginning of the twenty-day period thereunder.
(d) Livestock purchase-money priority. Subject to subsection (e) of this section and except as
otherwise provided in subsection (g) of this section, a perfected purchase-money security
interest in livestock that are farm products has priority over a conflicting security interest in
the same livestock, and, except as otherwise provided in section 9-327, a perfected security
interest in their identifiable proceeds and identifiable products in their unmanufactured
states also has priority, if:
(1) The purchase-money security interest is perfected when the debtor receives possession
of the livestock;
(2) The purchase-money secured party sends an authenticated notification to the holder of
the conflicting security interest;
(3) The holder of the conflicting security interest receives the notification within six months
before the debtor receives possession of the livestock; and
(4) The notification states that the person sending the notification has or expects to acquire
a purchase-money security interest in livestock of the debtor andu describes the livestock.
(e) Holders of conflicting livestock security interests to be notified. Subsection (d)(2) through
(4), inclusive, of this section apply only if the holder of the conflicting security interest had
filed a financing statement covering the same types ofa livestock:
(1) If the purchase-money security interest is perfelcted by filing, before the date of the filing;
or
(2) If the purchase-money security interest is temporarily perfected without filing or
possession under section 9-312(f), before the beginning of the twenty-day period thereunder.
(f) Software purchase-money priority. Except as otherwise provided in subsection (g) of this
section, a perfected purchase-money security interest in software has priority over a
conflicting security interest in the same collateral, and, except as otherwise provided in
section 9-327, a perfected security interest in its identifiable proceeds also has priority, to
the extent that the purchase-money security interest in the goods in which the software was
acquired for use has priority in the goods and proceeds of the goods under this section.
(g) Conflicting purchase-money security interests. If more than one security interest
qualifies for priority in the same collateral under subsection (a), (b), (d) or (f) of this section:
(1) A security interest securing an obligation incurred as all or part of the price of the
collateral has priority over a security interest securing an obligation incurred for value given
to enable the debtor to acquire rights in or the use of collateral; and
(2) In all other cases, section 9-322(a) applies to the qualifying security interests.

‹ Prev All West Virginia 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.