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Section 36-9-325. Priority of security interests in transferred collateral.

SC Code § 36-9-325 (2019) (N/A)
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(a) Except as otherwise provided in subsection (b), 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) Subsection (a) subordinates a security interest only if the security interest:

(1) otherwise would have priority solely under Section 36-9-322(a) or 36-9-324; or

(2) arose solely under Section 36-2-711(3) or 36-2A-508(5).

HISTORY: 2001 Act No. 67, Section 12.

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