These documents are currently being revised to incorporate the changes made during the 2024 Legislative Session. Please consult the Sections Affected Table for changes made during the 2024 Legislative Session.
When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply. (Effective until January 1, 2024.)
(a)
General rule: Perfection by filing. Except as otherwise provided in subsections (b) and (d) of this section and RCW
62A.9A-312(b), a financing statement must be filed to perfect all security interests and agricultural liens.
(b) Exceptions: Filing not necessary. The filing of a financing statement is not necessary to perfect a security interest:
(1) That is perfected under RCW
62A.9A-308 (d), (e), (f), or (g);
(2) That is perfected under RCW
62A.9A-309 when it attaches;
(3) In property subject to a statute, regulation, or treaty described in RCW
62A.9A-311(a);
(4) In goods in possession of a bailee which is perfected under RCW
62A.9A-312(d) (1) or (2);
(5) In certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under RCW
62A.9A-312 (e), (f), or (g);
(6) In collateral in the secured party's possession under RCW
62A.9A-313;
(7) In a certificated security which is perfected by delivery of the security certificate to the secured party under RCW
62A.9A-313;
(8) In deposit accounts, electronic chattel paper, electronic documents, investment property, or letter-of-credit rights which is perfected by control under RCW
62A.9A-314;
(9) In proceeds which is perfected under RCW
62A.9A-315; or
(c) Assignment of perfected security interest. If a secured party assigns a perfected security interest or agricultural lien, a filing under this Article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
(d)
Further exception: Filing not necessary for handler's lien. The filing of a financing statement is not necessary to perfect the agricultural lien of a handler on orchard crops as provided in RCW
60.11.020(3).
NOTES:
Effective date—2012 c 214 §§ 902, 1403, 1502, 1508, 1511, 1514, 1516, and 1518: See note following RCW
62A.2A-103.
Expiration date—2012 c 214 §§ 901, 1402, 1501, 1507, 1510, 1513, 1515, and 1517: See note following RCW
62A.2A-103.
Application—Savings—2012 c 214: See notes following RCW
62A.1-101.
Application—Effective date—2011 c 74: See notes following RCW
62A.9A-102.
When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply. (Effective January 1, 2024.)
(a)
General rule: Perfection by filing. Except as otherwise provided in subsections (b) and (d) of this section and RCW
62A.9A-312(b), a financing statement must be filed to perfect all security interests and agricultural liens.
(b) Exceptions: Filing not necessary. The filing of a financing statement is not necessary to perfect a security interest:
(1) That is perfected under RCW
62A.9A-308 (d), (e), (f), or (g);
(2) That is perfected under RCW
62A.9A-309 when it attaches;
(3) In property subject to a statute, regulation, or treaty described in RCW
62A.9A-311(a);
(4) In goods in possession of a bailee which is perfected under RCW
62A.9A-312(d) (1) or (2);
(5) In certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under RCW
62A.9A-312 (e), (f), or (g);
(6) In collateral in the secured party's possession under RCW
62A.9A-313;
(7) In a certificated security which is perfected by delivery of the security certificate to the secured party under RCW
62A.9A-313;
(8) In controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, or letter-of-credit rights which is perfected by control under RCW
62A.9A-314;
(8.1) In chattel paper which is perfected by possession and control under RCW
62A.9A-3141;
(9) In proceeds which is perfected under RCW
62A.9A-315; or
(c) Assignment of perfected security interest. If a secured party assigns a perfected security interest or agricultural lien, a filing under this Article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
(d)
Further exception: Filing not necessary for handler's lien. The filing of a financing statement is not necessary to perfect the agricultural lien of a handler on orchard crops as provided in RCW
60.11.020(3).
NOTES:
Construction—Effective date—2023 c 266: See notes following RCW
62A.12-101.
Effective date—2012 c 214 §§ 902, 1403, 1502, 1508, 1511, 1514, 1516, and 1518: See note following RCW
62A.2A-103.
Expiration date—2012 c 214 §§ 901, 1402, 1501, 1507, 1510, 1513, 1515, and 1517: See note following RCW
62A.2A-103.
Application—Savings—2012 c 214: See notes following RCW
62A.1-101.
Application—Effective date—2011 c 74: See notes following RCW
62A.9A-102.
