Section 45.29.317. Interests that take priority over or take free of security interest or agricultural lien.

   (a) A security interest or agricultural lien is subordinate to the rights of a person
        (1) entitled to priority under AS 45.29.322; and
        (2) except as otherwise provided in (e) of this section, that becomes a lien creditor before the earlier of the time
             (A) the security interest or agricultural lien is perfected; or
             (B) a financing statement covering the collateral is filed.
   (b) Except as otherwise provided in (e) of this section, a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
   (c) Except as otherwise provided in (e) of this section, a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
   (d) A licensee of a general intangible or a buyer, other than a secured party, of collateral other than tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.
   (e) Except as otherwise provided in AS 45.29.320 and 45.29.321, if a person files a financing statement with respect to a purchase money security interest before or within 20 days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor that arise between the time the security interest attaches and the time of filing.

Authorities

45.12.307

Notes

References

AS 45.12.307 Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.

History

(Sec. 1 ch 113 SLA 2000; am Sec. 107, 108 ch 44 SLA 2009; am Sec. 12, 13 ch 64 SLA 2013)