Secured Transactions Flashcards
What is a collateralized transaction?
Any transaction, regardless of its form, which is intended to create a security interest in personal property or fixtures.
What is a PMSI?
A collateralized transaction where the collateral is acquired with the relevant loan.
What are receivables?
The sale of accounts, chattel paper, payment intangibles, and promissory notes.
What is a consignment?
The bailment by the owner/bailor/cosignor giving the bailee/consignee the authority to sell. The goods covered by a consignment can also be covered by a security interest.
What consignments required Article 9 compliance for the true consignment owner to gain priority over other creditors?
When the consignment is 1). for goods worth more than 1,000$2). The consignor did not use the goods for personal, family, or household purposes, AND3). He is in a position to deceive potential creditors: a). The cosignee deals with goods of that kind under a name other than the consignor’s name, b). The consignee is not an auctioneer, AND c). The consignee is not generally known by the consignee’s creditors to be substantially engaged in selling consigned goods
How can a lease be under Art. 9?
Leases that are installment/credit sales are covered. That’s when the lease term is greater than or equal to the economic life of the goods, the lessee owns the property at the end of teh lease term, or the lessee has the option to buy the goods for nominal consideration at the end of the lease term.
Name some things not covered by Art. 9.
Leases of goodsreal propertyrights governed by federal lawnoncommercial tort claimsConsumer deposit accountsstatutory liens (mechanic’s Lanlords’, artisans)Wage assignmenets
What is a commercial tort claim?
tort claims from business, like unfair competition, not personal injury.
What types of goods are there under Art. 9?
Consumer goodsEquipmentInventoryFarm products.Not money, minerals in the ground
What is Equipment?
Goods that are not consumed, but are used primarily for business purposes. IT is the default category
What is inventory?
Goods held for sale or lease in the ordinary course of business, consumed goods, and raw materials.
What are farm products?
Any crops or livestock in possession of a farmer engaged in farming in an unmanufactured condition.
What are instruments?
an intangible type of collateral that represents goods as a document of title, like a warehouse receipt ( goods in storage) or a bill of lading (goods in transit)
What is chattel paper?
A writing or group of writings evidencing a monetary obligation (like a promissory note) and a security interest or lease in goods. It can be tangible or electronic. An intangible form of collateral.
What is an account?
A right to payment of money for goods sold or leased or services rendered NOT evidenced by an instrument or chattel paper. Typically an accounts receivables for a business, software licensing fees, credit card receivables… An intangible form of collateral.
What is a deposit account?
a financial instutution account. Consumer deposit accounts are not under ARt. 9
What is investment property?
Intangible form of collateral. Stocks, bonds, etc.
What are general intangibles?
The leftover form of intangible collateral, like IP, liquor licenses, good will, and souls.
What are proceeds?
A form of collateral. Whatever is recieved with the sale, exchange, or other disposition of collateral or proceeds.
What is attachment?
The process of creating a security interest and making it enforceable against the debtor, thereby allowing repossession.
What is required for attachment?
1). Teh creditor must give value.2). There must be a contract3). The debtor must have rights in the collateral.
What is a pledge?
When the debtor creates a security interest and gives possession of the collateral to the creditor.
What is required for the security agreement/contract?
1). possession of the collateral (pledge),2). control, OR3). a signed written/electronic authenticated record with a description of the collateral reasonably identifying it
What is afar-acquried property?
Property acquired after the security agreement that hte debtor can agree to include as collateral. It is common with inventory and also called a floating lien.