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Commercial Code - COM - COM § 9327

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9327

The following rules govern priority among conflicting security interests in the same deposit account: (1) A security interest held by a secured party having control of the deposit account under Section 9104 has priority over a conflicting security interest held by a secured party

Commercial Code - COM - COM § 9328

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9328

The following rules govern priority among conflicting security interests in the same investment property: (1) A security interest held by a secured party having control of investment property under Section 9106 has priority over a security interest held by a secured party that do

Commercial Code - COM - COM § 9329

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9329

The following rules govern priority among conflicting security interests in the same letter-of-credit right: (1) A security interest held by a secured party having control of the letter-of-credit right under Section 9107 has priority to the extent of its control over a conflictin

Commercial Code - COM - COM § 9330

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9330

(a) A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if both of the following conditions are satisfied: (1) In good faith and in the ordinary course of the purch

Commercial Code - COM - COM § 9331

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9331

(a) This division does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document of title has been duly negotiated, a protected purchaser of a security, or a qualifying purchaser of a controllable account, controllable elec

Commercial Code - COM - COM § 9332

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9332

(a) A transferee of tangible money takes the money free of a security interest if the transferee receives possession of the money without acting in collusion with the debtor in violating the rights of the secured party. (b) A transferee of funds from a deposit account takes the f

Commercial Code - COM - COM § 9333

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9333

(a) In this section, “possessory lien” means an interest, other than a security interest or an agricultural lien which satisfies all of the following conditions: (1) It secures payment or performance of an obligation for services or materials furnished with respect to goods by a

Commercial Code - COM - COM § 9334

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9334

(a) A security interest under this division may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this division in ordinary building materials incorporated into an improvement on land. (b) This division d

Commercial Code - COM - COM § 9335

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9335

(a) A security interest may be created in an accession and continues in collateral that becomes an accession. (b) If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral. (c) Except as otherwise provi

Commercial Code - COM - COM § 9336

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9336

(a) In this section, “commingled goods” means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass. (b) A security interest does not exist in commingled goods as such. However, a security interest may attach to a prod

Commercial Code - COM - COM § 9337

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9337

If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this state issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security int

Commercial Code - COM - COM § 9338

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9338

If a security interest or agricultural lien is perfected by a filed financing statement providing information described in paragraph (5) of subdivision (b) of Section 9516 which is incorrect at the time the financing statement is filed, both of the following apply: (1) The securi

Commercial Code - COM - COM § 9339

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9339

This division does not preclude subordination by agreement by a person entitled to priority.

Commercial Code - COM - COM § 9340

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9340

(a) Except as otherwise provided in subdivision (c), a bank with which a deposit account is maintained may exercise any right of recoupment or setoff against a secured party that holds a security interest in the deposit account. (b) Except as otherwise provided in subdivision (c)

Commercial Code - COM - COM § 9341

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9341

Except as otherwise provided in subdivision (c) of Section 9340, and unless the bank otherwise agrees in a signed record, a bank’s rights and duties with respect to a deposit account maintained with the bank are not terminated, suspended, or modified by any of the following: (1)

Commercial Code - COM - COM § 9342

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9342

This division does not require a bank to enter into an agreement of the kind described in paragraph (2) of subdivision (a) of Section 9104, even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the

Commercial Code - COM - COM § 9401

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9401

(a) Except as otherwise provided in subdivision (b) and in Sections 9406, 9407, 9408, and 9409, whether a debtor’s rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this division. (b) An agreement between the debtor and secured par

Commercial Code - COM - COM § 9402

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9402

The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor’s acts or omissions.

Commercial Code - COM - COM § 9403

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9403

(a) In this section, “value” has the meaning provided in subdivision (a) of Section 3303. (b) Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may ha

Commercial Code - COM - COM § 9404

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9404

(a) Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to subdivisions (b) to (e), inclusive, the rights of an assignee are subject to both of the following: (1) All terms of the agreement between the account debtor and assign

Commercial Code - COM - COM § 9405

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9405

(a) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a brea

Commercial Code - COM - COM § 9406

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9406

(a) Subject to subdivisions (b) to (i), inclusive, and (l), an account debtor on an account, chattel paper, or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, signed by the assignor or the

Commercial Code - COM - COM § 9407

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9407

(a) Except as otherwise provided in subdivision (b), a term in a lease agreement is ineffective to the extent that it does either of the following: (1) Prohibits, restricts, or requires the consent of a party to the lease to the assignment or transfer of, or the creation, attachm

Commercial Code - COM - COM § 9408

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9408

(a) Except as otherwise provided in subdivisions (b) and (f), a term in a promissory note or in an agreement between an account debtor and a debtor that relates to a health care insurance receivable or a general intangible, including a contract, permit, license, or franchise, and

Commercial Code - COM - COM § 9409

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 9409

(a) A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiary’s assignment of or creation of a securi