reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 3 - PRIORITY (§§ 11-9-317 — 11-9-339) › Section 11-9-325 - Priority of security interests in transferred collateral

(a)
Subordination of security interest in transferred collateral.
Except as otherwise provided in subsection (b) of this Code section, a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:
(1)
The debtor acquired the collateral subject to the security interest created by the other person;
(2)
The security interest created by the other person was perfected when the debtor acquired the collateral; and
(3)
There is no period thereafter when the security interest is unperfected.
(b)
Limitation of subsection (a) of this Code section subordination.
Subsection (a) of this Code section subordinates a security interest only if the security interest:
(1)
Otherwise would have priority solely under subsection (a) of Code Section
11-9-322
or Code Section
11-9-324
; or
(2)
Arose solely under subsection (3) of Code Section
11-2-711
or subsection (5) of Code Section
11-2A-508
.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 3 - PRIORITY (§§ 11-9-317 — 11-9-339) › Section 11-9-326 - Priority of security interests created by new debtor

(a)
Subordination of security interest created by new debtor.
Subject to subsection (b) of this Code section, a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ineffective to perfect the security interest but for the application of paragraph (1) of subsection (i) of Code Section
11-9-316
or Code Section
11-9-508
is subordinate to a security interest in the same collateral which is perfected other than by such a filed financing statement.
(b)
Priority under other provisions; multiple original debtors.
The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements described in subsection (a) of this Code section. However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor's having become bound.
Amended by 2013 Ga. Laws 223,§ 7, eff. 7/1/2013.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 3 - PRIORITY (§§ 11-9-317 — 11-9-339) › Section 11-9-326A - Priority of security interest in controllable account, controllable electronic record, and controllable payment intangible

A security interest in a controllable account, controllable electronic record, or controllable payment intangible held by a secured party having control of the account, electronic record, or payment intangible has priority over a conflicting security interest held by a secured party that does not have control.
Added by 2024 Ga. Laws 600,§ 5-64, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 3 - PRIORITY (§§ 11-9-317 — 11-9-339) › Section 11-9-327 - Priority of security interests in deposit account

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 Code Section
11-9-104
has priority over a conflicting security interest held by a secured party that does not have control;
(2)
Except as otherwise provided in paragraphs (3) and (4) of this Code section, security interests perfected by control under Code Section
11-9-314
rank according to priority in time of obtaining control;
(3)
Except as otherwise provided in paragraph (4) of this Code section, a security interest held by the bank with which the deposit account is maintained has priority over a conflicting security interest held by another secured party; and
(4)
A security interest perfected by control under paragraph (3) of subsection (a) of Code Section
11-9-104
has priority over a security interest held by the bank with which the deposit account is maintained.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 3 - PRIORITY (§§ 11-9-317 — 11-9-339) › Section 11-9-328 - Priority of security interests in investment property

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 Code Section
11-9-106
has priority over a security interest held by a secured party that does not have control of the investment property;
(2)
Except as otherwise provided in paragraphs (3) and (4) of this Code section, conflicting security interests held by secured parties each of which has control under Code Section
11-9-106
rank according to priority in time of:
(A)
If the collateral is a security, obtaining control;
(B)
If the collateral is a security entitlement carried in a securities account and:
(i)
If the secured party obtained control under paragraph (1) of subsection (d) of Code Section
11-8-106
, the secured party's becoming the person for which the securities account is maintained;
(ii)
If the secured party obtained control under paragraph (2) of subsection (d) of Code Section
11-8-106
, the securities intermediary's agreement to comply with the secured party's entitlement orders with respect to security entitlements carried or to be carried in the securities account; or
(iii)
If the secured party obtained control through another person under paragraph (3) of subsection (d) of Code Section
11-8-106
, the time on which priority would be based under this paragraph if the other person were the secured party; or
(C)
If the collateral is a commodity contract carried with a commodity intermediary, the satisfaction of the requirement for control specified in paragraph (2) of subsection (b) of Code Section
11-9-106
with respect to commodity contracts carried or to be carried with the commodity intermediary;
(3)
A security interest held by a securities intermediary in a security entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party;
(4)
A security interest held by a commodity intermediary in a commodity contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party;
(5)
A security interest in a certificated security in registered form which is perfected by taking delivery under subsection (a) of Code Section
11-9-313
and not by control under Code Section
11-9-314
has priority over a conflicting security interest perfected by a method other than control;
(6)
Conflicting security interests created by a broker, securities intermediary, or commodity intermediary which are perfected without control under Code Section
11-9-106
rank equally; and
(7)
In all other cases, priority among conflicting security interests in investment property is governed by Code Sections
11-9-322
and
11-9-323
.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 3 - PRIORITY (§§ 11-9-317 — 11-9-339) › Section 11-9-329 - Priority of security interests in letter of credit right

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 Code Section
11-9-107
has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control; and
(2)
Security interests perfected by control under Code Section
11-9-314
rank according to priority in time of obtaining control.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 3 - PRIORITY (§§ 11-9-317 — 11-9-339) › Section 11-9-331 - Priority of rights of purchasers of controllable accounts, controllable electronic records, controllable payment intangibles, documents, instruments, and securities under other articles; priority of interests in financial assets and security entitlements and protection against assertion of claim under articles 8 and 12 of this title

(a)
Rights under Articles 3, 7,
8
, and 12
of this title not limited.
This article 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 electronic record, or controllable payment intangible. These holders or purchasers take priority over an earlier security interest, even if perfected, to the extent provided in Articles 3, 7, 8, and 12 of this title.
(b)
Protection under
Articles
8
and 12
of this title.
This article does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of a claim under Article 8 or 12 of this title.
(c)
Filing not notice.
Filing under this article does not constitute notice of a claim or defense to the holders or purchasers or persons described in subsections (a) and (b) of this Code section.
Amended by 2024 Ga. Laws 600,§ 5-66, eff. 7/1/2024.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 3 - PRIORITY (§§ 11-9-317 — 11-9-339) › Section 11-9-332 - Transfer of money; transfer of funds from deposit account

(a)
Transferee of
tangible
money.
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)
Transferee of funds from deposit account.
A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account if the transferee receives the funds without acting in collusion with the debtor in violating the rights of the secured party.
(c)
Transferee of electronic money.
A transferee of electronic money takes the money free of a security interest if the transferee obtains control of the money without acting in collusion with the debtor in violating the rights of the secured party.
Amended by 2024 Ga. Laws 600,§ 5-67, eff. 7/1/2024.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 3 - PRIORITY (§§ 11-9-317 — 11-9-339) › Section 11-9-335 - Accessions

(a)
Creation of security interest in accession.
A security interest may be created in an accession and continues in collateral that becomes an accession.
(b)
Perfection of security interest.
If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral.
(c)
Priority of security interest.
Except as otherwise provided in subsection (d) of this Code section, the other provisions of this part determine the priority of a security interest in an accession.
(d)
Compliance with certificate of title statute.
A security interest in an accession is subordinate to a security interest in the whole which is perfected by compliance with the requirements of a certificate of title statute under subsection (b) of Code Section
11-9-311
.
(e)
Removal of accession after default.
After default, subject to Part 6 of this article, a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole.
(f)
Reimbursement following removal.
A secured party that removes an accession from other goods under subsection (e) of this Code section shall promptly reimburse any holder of a security interest or other lien on, or owner of, the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the holder or owner for any diminution in value of the whole or the other goods caused by the absence of the accession removed or by any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 3 - PRIORITY (§§ 11-9-317 — 11-9-339) › Section 11-9-336 - Commingled goods

(a)
"Commingled goods."
As used in this Code section, the term "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)
No security interest in commingled goods as such.
A security interest does not exist in commingled goods as such. However, a security interest may attach to a product or mass that results when goods become commingled goods.
(c)
Attachment of security interest to product or mass.
If collateral becomes commingled goods, a security interest attaches to the product or mass.
(d)
Perfection of security interest.
If a security interest in collateral is perfected before the collateral becomes commingled goods, the security interest that attaches to the product or mass under subsection (c) of this Code section is perfected.
(e)
Priority of security interest.
Except as otherwise provided in subsection (f) of this Code section, the other provisions of this part determine the priority of a security interest that attaches to the product or mass under subsection (c) of this Code section.
(f)
Conflicting security interests in product or mass.
If more than one security interest attaches to the product or mass under subsection (c) of this Code section, the following rules determine priority:
(1)
A security interest that is perfected under subsection (d) of this Code section has priority over a security interest that is unperfected at the time the collateral becomes commingled goods; and
(2)
If more than one security interest is perfected under subsection (d) of this Code section, the security interests rank equally in proportion to the value of the collateral at the time it became commingled goods.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 3 - PRIORITY (§§ 11-9-317 — 11-9-339) › Section 11-9-337 - Priority of security interests in goods covered by certificate of title

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 interests not shown on the certificate:
(1)
A buyer of the goods, other than a person in the business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and
(2)
The security interest is subordinate to a conflicting security interest in the goods that attaches and is perfected under subsection (b) of Code Section
11-9-311
, after issuance of the certificate and without the conflicting secured party's knowledge of the security interest.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 3 - PRIORITY (§§ 11-9-317 — 11-9-339) › Section 11-9-338 - Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information

If a security interest or agricultural lien is perfected by a filed financing statement providing information described in paragraph (5) of subsection (b) of Code Section
11-9-516
which is incorrect at the time the financing statement is filed:
(1)
The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and
(2)
A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of tangible chattel paper, tangible documents, goods, instruments, or a security certificate, receives delivery of the collateral.
Amended by 2010 Ga. Laws 470,§ 2-29, eff. 5/27/2010.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 3 - PRIORITY (§§ 11-9-317 — 11-9-339) › Section 11-9-339 - Priority subject to subordination

This article does not preclude subordination by agreement by a person entitled to priority.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 4 - RIGHTS OF BANK (§§ 11-9-340 — 11-9-342) › Section 11-9-340 - Effectiveness of right of recoupment or set-off against deposit account

(a)
Exercise of recoupment or set-off.
Except as otherwise provided in subsection (c) of this Code section, a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against a secured party that holds a security interest in the deposit account.
(b)
Recoupment or set-off not affected by security interest.
Except as otherwise provided in subsection (c) of this Code section, the application of this article to a security interest in a deposit account does not affect a right of recoupment or set-off of the secured party as to a deposit account maintained with the secured party.
(c)
When set-off ineffective.
The exercise by a bank of a set-off against a deposit account is ineffective against a secured party that holds a security interest in the deposit account which is perfected by control under paragraph (3) of subsection (a) of Code Section
11-9-104
, if the set-off is based on a claim against the debtor.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 4 - RIGHTS OF BANK (§§ 11-9-340 — 11-9-342) › Section 11-9-341 - Bank's rights and duties with respect to deposit account

Except as otherwise provided in subsection (c) of Code Section
11-9-340
, 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:
(1)
The creation, attachment, or perfection of a security interest in the deposit account;
(2)
The bank's knowledge of the security interest; or
(3)
The bank's receipt of instructions from the secured party.
Amended by 2024 Ga. Laws 600,§ 6-1, eff. 7/1/2024.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 3 - PERFECTION AND PRIORITY (§§ 11-9-301 — 11-9-342) › Subpart 4 - RIGHTS OF BANK (§§ 11-9-340 — 11-9-342) › Section 11-9-342 - Bank's right to refuse to enter into or disclose existence of control agreement

This article does not require a bank to enter into an agreement of the kind described in paragraph (2) of subsection (a) of Code Section
11-9-104
, 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 agreement to another person unless requested to do so by its customer.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 4 - RIGHTS OF THIRD PARTIES (§§ 11-9-401 — 11-9-409) › Section 11-9-401 - Alienability of debtor's rights

(a)
Other law governs alienability; exceptions.
Except as otherwise provided in subsection (b) of this Code section and Code Sections
11-9-406
,
11-9-407
,
11-9-408
, and
11-9-409
, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article.
(b)
Agreement does not prevent transfer.
An agreement between the debtor and secured party which prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 4 - RIGHTS OF THIRD PARTIES (§§ 11-9-401 — 11-9-409) › Section 11-9-402 - Secured party not obligated on contract of debtor or in tort

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.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 4 - RIGHTS OF THIRD PARTIES (§§ 11-9-401 — 11-9-409) › Section 11-9-403 - Agreement not to assert defenses against assignee

(a)
"Value."
As used in this Code section, the term "value" has the meaning provided in subsection (a) of Code Section
11-3-303
.
(b)
Agreement not to assert claim or defense.
Except as otherwise provided in this Code 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 have against the assignor is enforceable by an assignee that takes an assignment:
(1)
For value;
(2)
In good faith;
(3)
Without notice of a claim of a property or possessory right to the property assigned; and
(4)
Without notice of a defense or claim in recoupment of the type that may be asserted against a person entitled to enforce a negotiable instrument under subsection (a) of Code Section
11-3-305
.
(c)
When subsection (b) of this Code section not applicable.
Subsection (b) of this Code section does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under subsection (b) of Code Section
11-3-305
.
(d)
Omission of required statement in consumer transaction.
In a consumer transaction, if a record evidences the account debtor's obligation, law other than this article requires that the record include a statement to the effect that the rights of an assignee are subject to claims or defenses that the account debtor could assert against the original obligee, and the record does not include such a statement:
(1)
The record has the same effect as if the record included such a statement; and
(2)
The account debtor may assert against an assignee those claims and defenses that would have been available if the record included such a statement.
(e)
Rule for individual under other law.
This Code section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
(f)
Other law not displaced.
Except as otherwise provided in subsection (d) of this Code section, this Code section does not displace law other than this article which gives effect to an agreement by an account debtor not to assert a claim or defense against an assignee.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 4 - RIGHTS OF THIRD PARTIES (§§ 11-9-401 — 11-9-409) › Section 11-9-404 - Rights acquired by assignee; claims and defenses against assignee

(a)
Assignee's rights subject to terms, claims, and defenses; exceptions.
Unless an account debtor has made an enforceable agreement not to assert defenses or claims and subject to subsections (b) through (e) of this Code section, the rights of an assignee are subject to:
(1)
All terms of the agreement between the account debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and
(2)
Any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives a notification of the assignment signed by the assignor or the assignee.
(b)
Account debtor's claim reduces amount owed to assignee.
Subject to subsection (c) of this Code section and except as otherwise provided in subsection (d) of this Code section, the claim of an account debtor against an assignor may be asserted against an assignee under subsection (a) of this Code section only to reduce the amount the account debtor owes.
(c)
Rule for individual under other law.
This Code section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
(d)
Omission of required statement in consumer transaction.
In a consumer transaction, if a record evidences the account debtor's obligation, law other than this article requires that the record include a statement to the effect that the account debtor's recovery against an assignee with respect to claims and defenses against the assignor may not exceed amounts paid by the account debtor under the record, and the record does not include such a statement, the extent to which a claim of an account debtor against the assignor may be asserted against an assignee is determined as if the record included such a statement.
(e)
Inapplicability to health care insurance receivable.
This Code section does not apply to an assignment of a health care insurance receivable.
Amended by 2024 Ga. Laws 600,§ 6-1, eff. 7/1/2024.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 4 - RIGHTS OF THIRD PARTIES (§§ 11-9-401 — 11-9-409) › Section 11-9-405 - Modification of assigned contract

(a)
Effect of modification on assignee.
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 breach of contract by the assignor. This subsection is subject to subsections (b) through (d) of this Code section.
(b)
Applicability of subsection (a) of this Code section.
Subsection (a) of this Code section applies to the extent that:
(1)
The right to payment or a part thereof under an assigned contract has not been fully earned by performance; or
(2)
The right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under subsection (a) of Code Section
11-9-406
.
(c)
Rule for individual under other law.
This Code section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
(d)
Inapplicability to health care insurance receivable.
This Code section does not apply to an assignment of a health care insurance receivable.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 4 - RIGHTS OF THIRD PARTIES (§§ 11-9-401 — 11-9-409) › Section 11-9-407 - Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest

(a)
Term restricting assignment generally ineffective.
Except as otherwise provided in subsection (b) of this Code section, a term in a lease agreement is ineffective to the extent that it:
(1)
Prohibits, restricts, or requires the consent of a party to the lease to the assignment, transfer, creation, attachment, perfection, or enforcement of a security interest in an interest of a party under the lease contract or in the lessor's residual interest in the goods; or
(2)
Provides that the assignment, transfer, creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the lease.
(b)
Effectiveness of certain terms.
Except as otherwise provided in subsection (7) of Code Section
11-2A-303
, a term described in paragraph (2) of subsection (a) of this Code section is effective to the extent that there is:
(1)
A transfer by the lessee of the lessee's right of possession or use of the goods in violation of the term; or
(2)
A delegation of a material performance of either party to the lease contract in violation of the term.
(c)
Security interest not material impairment.
The creation, attachment, perfection, or enforcement of a security interest in the lessor's interest under the lease contract or the lessor's residual interest in the goods is not a transfer that materially impairs the lessee's prospect of obtaining return performance or materially changes the duty of or materially increases the burden or risk imposed on the lessee within the purview of subsection (4) of Code Section
11-2A-303
unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the lessor.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 4 - RIGHTS OF THIRD PARTIES (§§ 11-9-401 — 11-9-409) › Section 11-9-409 - Restrictions on assignment of letter of credit rights ineffective

(a)
Term or law restricting assignment generally ineffective.
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 security interest in a letter of credit right is ineffective to the extent that the term or rule of law, statute, regulation, custom, or practice:
(1)
Would impair the creation, attachment, or perfection of a security interest in the letter of credit right; or
(2)
Provides that the assignment, transfer, creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter of credit right.
(b)
Limitation on ineffectiveness under subsection (a) of this Code section.
To the extent that a term in a letter of credit is ineffective under subsection (a) of this Code section but would be effective under law other than this article or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter of credit, or to the assignment of a right to proceeds of the letter of credit, the creation, attachment, or perfection of a security interest in the letter of credit right:
(1)
Is not enforceable against the applicant, issuer, nominated person, or transferee beneficiary;
(2)
Imposes no duties or obligations on the applicant, issuer, nominated person, or transferee beneficiary; and
(3)
Does not require the applicant, issuer, nominated person, or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 5 - FILING (§§ 11-9-501 — 11-9-526) › Subpart 1 - FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT (§§ 11-9-501 — 11-9-518) › Section 11-9-501 - Filing office

(a)
Filing offices.
Except as otherwise provided in subsection (b) of this Code section, if the law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is:
(1)
The office designated for the filing or recording of a record of a mortgage on the related real property, if:
(A)
The collateral is as-extracted collateral, growing crops, or timber to be cut; or
(B)
The financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or
(2)
The office of the clerk of the superior court of any county of this state, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.
(b)
Filing office for transmitting utilities.
The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the clerk of the superior court of any county of this state. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures.
Amended by 2002 Ga. Laws 874,§ 6, eff. 7/1/2002.
Added by 2001 Ga. Laws 191, §1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 5 - FILING (§§ 11-9-501 — 11-9-526) › Subpart 1 - FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT (§§ 11-9-501 — 11-9-518) › Section 11-9-504 - Indication of collateral

A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:
(1)
A description of the collateral pursuant to Code Section
11-9-108
; or
(2)
An indication that the financing statement covers all assets or all personal property.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 5 - FILING (§§ 11-9-501 — 11-9-526) › Subpart 1 - FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT (§§ 11-9-501 — 11-9-518) › Section 11-9-505 - Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions

(a)
Use of terms other than "debtor" and "secured party."
A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in subsection (a) of Code Section
11-9-311
, using the terms "consignor," "consignee," "lessor," "lessee," "bailor," "bailee," "licensor," "licensee," "owner," "registered owner," "buyer," "seller," or words of similar import, instead of the terms "secured party" and "debtor".
(b)
Effect of financing statement under subsection (a) of this Code section.
This part applies to the filing of a financing statement under subsection (a) of this Code section and, as appropriate, to compliance that is equivalent to filing a financing statement under subsection (b) of Code Section
11-9-311
, but the filing or compliance is not of itself a factor in determining whether the collateral secures an obligation. If it is determined for another reason that the collateral secures an obligation, a security interest held by the consignor, lessor, bailor, licensor, owner, or buyer which attaches to the collateral is perfected by the filing or compliance.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 5 - FILING (§§ 11-9-501 — 11-9-526) › Subpart 1 - FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT (§§ 11-9-501 — 11-9-518) › Section 11-9-506 - Effect of errors or omissions

(a)
Minor errors and omissions.
A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading.
(b)
Financing statement seriously misleading.
Except as otherwise provided in subsection (c) of this Code section, a financing statement that fails sufficiently to provide the name of the debtor in accordance with subsection (a) of Code Section
11-9-503
is seriously misleading.
(c)
Financing statement not seriously misleading.
If a search of the records of the filing office under the debtor's correct name, using the filing office's standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with subsection (a) of Code Section
11-9-503
, the name provided does not make the financing statement seriously misleading.
(d)
"Debtor's correct name."
For purposes of subsection (b) of Code Section
11-9-508
, the "debtor's correct name" as used in subsection (c) of this Code section means the correct name of the new debtor.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 5 - FILING (§§ 11-9-501 — 11-9-526) › Subpart 1 - FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT (§§ 11-9-501 — 11-9-518) › Section 11-9-507 - Effect of certain events on effectiveness of financing statement

(a)
Disposition.
A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition.
(b)
Information becoming seriously misleading.
Except as otherwise provided in subsection (c) of this Code section and Code Section
11-9-508
, a financing statement is not rendered ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under Code Section
11-9-506
.
(c)
Change in debtor's name.
If the name that a filed financing statement provides for a debtor becomes insufficient as the name of the debtor under subsection (a) of Code Section
11-9-503
so that the financing statement becomes seriously misleading under Code Section
11-9-506
:
(1)
The financing statement is effective to perfect a security interest in collateral acquired by the debtor before, or within four months after, the filed financing statement becomes seriously misleading; and
(2)
The financing statement is not effective to perfect a security interest in collateral acquired by the debtor more than four months after the filed financing statement becomes seriously misleading, unless an amendment to the financing statement which renders the financing statement not seriously misleading is filed within four months after the financing statement became seriously misleading.
Amended by 2013 Ga. Laws 223,§ 12, eff. 7/1/2013.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 5 - FILING (§§ 11-9-501 — 11-9-526) › Subpart 1 - FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT (§§ 11-9-501 — 11-9-518) › Section 11-9-508 - Effectiveness of financing statement if new debtor becomes bound by security agreement

(a)
Financing statement naming original debtor.
Except as otherwise provided in this Code section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral.
(b)
Financing statement becoming seriously misleading.
If the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under subsection (a) of this Code section to be seriously misleading under Code Section
11-9-506
:
(1)
The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under subsection (d) of Code Section
11-9-203
; and
(2)
The financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than four months after the new debtor becomes bound under subsection (d) of Code Section
11-9-203
unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time.
(c)
When Code section not applicable.
This Code section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under subsection (a) of Code Section
11-9-507
.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 5 - FILING (§§ 11-9-501 — 11-9-526) › Subpart 1 - FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT (§§ 11-9-501 — 11-9-518) › Section 11-9-509 - Persons entitled to file a record

(a)
Person entitled to file record.
A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:
(1)
The debtor authorizes the filing in a signed record or pursuant to subsection (b) or (c) of this Code section; or
(2)
The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
(b)
Security agreement as authorization.
By signing or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
(1)
The collateral described in the security agreement; and
(2)
Property that becomes collateral under paragraph (2) of subsection (a) of Code Section
11-9-315
, whether or not the security agreement expressly covers proceeds.
(c)
Acquisition of collateral as authorization.
By acquiring collateral in which a security interest or agricultural lien continues under paragraph (1) of subsection (a) of Code Section
11-9-315
, a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under paragraph (2) of subsection (a) of Code Section
11-9-315
.
(d)
Person entitled to file certain amendments.
A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:
(1)
The secured party of record authorizes the filing; or
(2)
The amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by subsection (a) or (c) of Code Section
11-9-513
, the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed.
(e)
Multiple secured parties of record.
If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection (d) of this Code section.
Amended by 2024 Ga. Laws 600,§ 6-1, eff. 7/1/2024.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 5 - FILING (§§ 11-9-501 — 11-9-526) › Subpart 1 - FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT (§§ 11-9-501 — 11-9-518) › Section 11-9-510 - Effectiveness of filed record

(a)
Filed record effective if authorized.
A filed record is effective only to the extent that it was filed by a person that may file it under Code Section
11-9-509
.
(b)
Authorization by one secured party of record.
A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record.
(c)
Continuation statement not timely filed.
A continuation statement that is not filed within the six-month period prescribed by subsection (c) of Code Section
11-9-515
is ineffective.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 5 - FILING (§§ 11-9-501 — 11-9-526) › Subpart 1 - FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT (§§ 11-9-501 — 11-9-518) › Section 11-9-511 - Secured party of record

(a)
Secured party of record.
A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under subsection (a) of Code Section
11-9-514
, the assignee named in the initial financing statement is the secured party of record with respect to the financing statement.
(b)
Amendment naming secured party of record.
If an amendment of a financing statement which provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under subsection (b) of Code Section
11-9-514
, the assignee named in the amendment is a secured party of record.
(c)
Amendment deleting secured party of record.
A person remains a secured party of record until the filing of an amendment of the financing statement which deletes the person.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.