State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0234

SB978 Enrolled                                 LRB9205797WHcs

    AN ACT concerning business transactions.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Uniform  Commercial  Code is amended by
changing Sections 9-301, 9-310, 9-312, 9-314, and  9-322  and
adding Sections 9-107.1, 9-306.1, and 9-329.1 as follows:

    (810 ILCS 5/9-107.1 new)
    Sec. 9-107.1.  Control of Beneficial Interest in Illinois
Land Trust.
    (a)  Requirements   for  Control.  A  secured  party  has
control of the beneficial interest in an Illinois land  trust
if:
         (1)  the secured party shall have transmitted to the
    trustee  for  the  trust  a  record  authenticated by the
    debtor that  contains  a  collateral  assignment  by  the
    debtor  of,  or  the  grant  of a security interest in, a
    beneficial interest in the trust; and
         (2)   in an authenticated record,  the  trustee  for
    the  trust  has  accepted  the  collateral  assignment or
    security agreement.
    (b)  Debtor's right to direct disposition and proceeds. A
secured party that has  satisfied subsection (a) has control,
even  if  the  debtor  retains,  subject  to  the  terms  and
conditions  of  the   collateral   assignment   or   security
agreement,  the  power  of  direction  of the trustee and the
right to receive the rents, income and profits thereof.

    (810 ILCS 5/9-301) (from Ch. 26, par. 9-301)
    (Text of Section before amendment by P.A. 91-893)
    Sec. 9-301. Persons Who Take  Priority  Over  Unperfected
Security Interests; Rights of "Lien Creditor".
    (1)  Except  as  otherwise provided in subsection (2), an
unperfected security interest is subordinate to the rights of
         (a)  persons  entitled  to  priority  under  Section
    9-312;
         (b)  a person who becomes a lien creditor before the
    security interest is perfected;
         (c)  in the case of goods,  instruments,  documents,
    and  chattel  paper,  a person who is not a secured party
    and who is a transferee in bulk or  other  buyer  not  in
    ordinary  course  of  business  or  is  a  buyer  of farm
    products in ordinary course of business,  to  the  extent
    that   he  gives  value  and  receives  delivery  of  the
    collateral without knowledge of the security interest and
    before it is perfected;
         (d)  in the case of accounts,  general  intangibles,
    and  investment  property,  a person who is not a secured
    party and who is a transferee to the extent that he gives
    value without knowledge  of  the  security  interest  and
    before it is perfected;
provided,  however,  that  an  unperfected  security interest
shall take priority over the rights of a lien creditor if (i)
the lien creditor is a trustee or  receiver  of  a  state  or
federally   chartered   financial   institution   acting   in
furtherance  of its supervisory  authority over the financial
institution and (ii) a security interest is  granted  by  the
financial  institution  to  secure  a deposit of public funds
with the financial institution or a repurchase agreement with
the  financial  institution  pursuant   to   the   Government
Securities Act of 1986, as amended.
    (2)  If  the  secured  party  files  with  respect  to  a
purchase  money  security  interest  before or within 20 days
after the debtor receives possession of  the  collateral,  he
takes  priority over the rights of a transferee in bulk or of
a lien creditor which arise between  the  time  the  security
interest attaches and the time of filing.
    (3)  A  "lien creditor" means a creditor who has acquired
a lien on the property involved by attachment,  levy  or  the
like  and  includes an assignee for benefit of creditors from
the time of assignment, and a trustee in bankruptcy from  the
date  of  the  filing of the petition or a receiver in equity
from the time of appointment.
    (4)  A  person  who  becomes  a  lien  creditor  while  a
security interest is perfected takes subject to the  security
interest  only  to  the  extent that it secures advances made
before  he  becomes  a  lien  creditor  or  within  45   days
thereafter  or made without knowledge of the lien or pursuant
to a commitment entered into without knowledge of the lien.
(Source: P.A. 89-364, eff. 1-1-96; 90-696, eff. 8-7-98.)

    (Text of Section after amendment by P.A. 91-893)
    Sec. 9-301. Law  governing  perfection  and  priority  of
security  interests. Except as otherwise provided in Sections
9-303 through 9-306.1 9-306, the  following  rules  determine
the  law  governing  perfection,  the effect of perfection or
nonperfection, and the priority of  a  security  interest  in
collateral:
         (1)  Except  as  otherwise provided in this Section,
    while a debtor is located in a  jurisdiction,  the  local
    law  of  that jurisdiction governs perfection, the effect
    of perfection or nonperfection, and  the  priority  of  a
    security interest in collateral.
         (2)  While  collateral is located in a jurisdiction,
    the local law of that  jurisdiction  governs  perfection,
    the  effect  of  perfection  or  nonperfection,  and  the
    priority  of  a  possessory  security  interest  in  that
    collateral.
         (3)  Except  as otherwise provided in paragraph (4),
    while negotiable documents, goods, instruments, money, or
    tangible chattel paper is located in a jurisdiction,  the
    local law of that jurisdiction governs:
              (A)  perfection  of  a security interest in the
         goods by filing a fixture filing;
              (B)  perfection  of  a  security  interest   in
         timber to be cut; and
              (C)  the  effect of perfection or nonperfection
         and  the  priority  of  a   nonpossessory   security
         interest in the collateral.
         (4)  The  local law of the jurisdiction in which the
    wellhead or minehead is located governs  perfection,  the
    effect  of  perfection or nonperfection, and the priority
    of a security interest in as-extracted collateral.
(Source: P.A. 90-696, eff. 8-7-98; 91-893, eff. 7-1-01.)

    (810 ILCS 5/9-306.1 new)
    Sec. 9-306.1.  Law Governing Perfection and  Priority  of
Collateral  Assignments  of  Beneficial Interests in Illinois
Land Trusts. The local law of the State of  Illinois  governs
perfection,  the  effect  of perfection or nonperfection, and
the priority of a collateral assignment of, or other security
interest in, a beneficial interest in an Illinois land trust.
This Section implements the important interest of this  State
in  matters  associated  with  the administration of Illinois
land trusts created for the principal purpose  of  owning  an
interest  in Illinois land and the regulation of restrictions
on the transfer of beneficial interests in, and of the  power
of appointments under, such trusts.

    (810 ILCS 5/9-310) (from Ch. 26, par. 9-310)
    (Text of Section before amendment by P.A. 91-893)
    Sec.   9-310.   Priority  of  certain  liens  arising  by
operation of law.
    When a person in the  ordinary  course  of  his  business
furnishes services or materials with respect to goods subject
to  a  security interest, a lien upon goods in the possession
of such person given by statute  or  rule  of  law  for  such
materials   or  services  takes  priority  over  a  perfected
security interest  unless  the  lien  is  statutory  and  the
statute expressly provides otherwise.
(Source: Laws 1961, p. 2101.)

    (Text of Section after amendment by P.A. 91-893)
    Sec.  9-310.  When  filing  required  to perfect security
interest  or  agricultural  lien;  security   interests   and
agricultural liens to which filing provisions do not apply.
    (a)  General  rule:   perfection  by  filing.   Except as
otherwise provided in subsection (b) and Section 9-312(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 Section 9-308(d),  (e),
    (f), or (g);
         (2)  that  is  perfected under Section 9-309 when it
    attaches;
         (3)  in property subject to a  statute,  regulation,
    or treaty described in Section 9-311(a);
         (4)  in  goods  in  possession  of a bailee which is
    perfected under Section 9-312(d)(1) or (2);
         (5)  in certificated securities,  documents,  goods,
    or  instruments  which  is  perfected  without  filing or
    possession under Section 9-312(e), (f), or (g);
         (6)  in collateral in the secured party's possession
    under Section 9-313;
         (7)  in a certificated security which  is  perfected
    by  delivery  of  the security certificate to the secured
    party under Section 9-313;
         (8)  in deposit accounts, electronic chattel  paper,
    investment   property,  or  letter-of-credit  rights,  or
    beneficial interests in Illinois  land  trusts  which  is
    perfected by control under Section 9-314;
         (9)  in  proceeds  which  is perfected under Section
    9-315; or
         (10)  that is perfected under Section 9-316.
    (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.
(Source: P.A. 91-893, eff. 7-1-01.)

    (810 ILCS 5/9-312) (from Ch. 26, par. 9-312)
    (Text of Section before amendment by P.A. 91-893)
    Sec.  9-312.  Priorities   Among   Conflicting   Security
Interests in the Same Collateral.
    (1)  The  rules  of  priority stated in other Sections of
this Part and in the following  Sections  shall  govern  when
applicable:  Section  4-210  with  respect  to  the  security
interests  of  collecting  banks  in  items  being collected,
accompanying  documents  and  proceeds;  Section   9-103   on
security  interests  related  to other jurisdictions; Section
9-114 on consignments; Section 9-115 on security interests in
investment property.
    (2)  A perfected security interest in crops for new value
given to enable the debtor to produce the  crops  during  the
production season and given not more than three months before
the crops become growing crops by planting or otherwise takes
priority  over  an earlier perfected security interest to the
extent that such earlier  interest  secures  obligations  due
more than six months before the crops become growing crops by
planting  or  otherwise,  even  though  the person giving new
value had knowledge of the earlier security interest.
    (3)  A perfected  purchase  money  security  interest  in
inventory  has  priority over a conflicting security interest
in the same inventory and also has priority  in  identifiable
cash  proceeds  received  on  or  before  the delivery of the
inventory to a buyer if
         (a)  the  purchase  money   security   interest   is
    perfected  at  the time the debtor receives possession of
    the inventory; and
         (b)  the  purchase   money   secured   party   gives
    notification  in writing to the holder of the conflicting
    security interest if the holder  had  filed  a  financing
    statement covering the same types of inventory (i) before
    the date of the filing made by the purchase money secured
    party,  or (ii) before the beginning of the 21 day period
    where the purchase money security interest is temporarily
    perfected without filing or possession (subsection (5) of
    Section 9-304); and
         (c)  the holder of the conflicting security interest
    receives the  notification  within  5  years  before  the
    debtor receives possession of the inventory; and
         (d)  the  notification states that the person giving
    the notice has or expects to  acquire  a  purchase  money
    security  interest in inventory of the debtor, describing
    such inventory by item or type.
    (4)  A purchase money  security  interest  in  collateral
other than inventory has priority over a conflicting security
interest  in  the  same  collateral  or  its  proceeds if the
purchase money security interest is perfected at the time the
debtor receives possession of the  collateral  or  within  20
days thereafter.
    (5)  In  all  cases not governed by other rules stated in
this Section (including  cases  of  purchase  money  security
interests which do not qualify for the special priorities set
forth  in  subsections (3) and (4) of this Section), priority
between conflicting security interests in the same collateral
shall be determined according to the following rules:
         (a)  Conflicting security interests  rank  according
    to  priority  in  time  of filing or perfection. Priority
    dates from the time a filing is first made  covering  the
    collateral  or  the  time  the security interest is first
    perfected, whichever is earlier, provided that  there  is
    no  period  thereafter  when  there is neither filing nor
    perfection.
         (b)  So long as conflicting security  interests  are
    unperfected, the first to attach has priority.
    (6)  For  the purposes of subsection (5) a date of filing
or perfection as to collateral is also a date  of  filing  or
perfection as to proceeds.
    (7)  If   future  advances  are  made  while  a  security
interest is perfected by filing, the taking of possession  or
under  Section  9-115  or  9-116  on investment property, the
security interest has the same priority for the  purposes  of
subsection (5) with respect to the future advances as it does
with  respect  to  the first advance. If a commitment is made
before or while the security interest is  so  perfected,  the
security  interest  has  the  same  priority  with respect to
advances made pursuant thereto. In other  cases  a  perfected
security  interest  has priority from the date the advance is
made.
(Source: P.A. 89-364, eff. 1-1-96.)

    (Text of Section after amendment by P.A. 91-893)
    Sec. 9-312.  Perfection of security interests in  chattel
paper,   deposit   accounts,   documents,  goods  covered  by
documents, instruments, investment property, letter-of-credit
rights, and money; perfection by permissive filing; temporary
perfection without filing or transfer of possession.
    (a)  Perfection by filing permitted.  A security interest
in  chattel   paper,   negotiable   documents,   instruments,
beneficial  interests  in Illinois land trusts, or investment
property may be perfected by filing.
    (b)  Control or possession of certain collateral.  Except
as  otherwise  provided  in  Section  9-315(c)  and  (d)  for
proceeds:
         (1)  a security interest in a deposit account may be
    perfected only by control under Section 9-314;
         (2)  and except as  otherwise  provided  in  Section
    9-308(d), a security interest in a letter-of-credit right
    may be perfected only by control under Section 9-314; and
         (3)  a  security  interest in money may be perfected
    only by  the  secured  party's  taking  possession  under
    Section 9-313.
    (c)  Goods  covered  by negotiable document.  While goods
are  in  the  possession  of  a  bailee  that  has  issued  a
negotiable document covering the goods:
         (1)  a  security  interest  in  the  goods  may   be
    perfected  by  perfecting  a  security  interest  in  the
    document; and
         (2)  a  security  interest perfected in the document
    has priority over  any  security  interest  that  becomes
    perfected  in  the  goods  by  another method during that
    time.
    (d)  Goods  covered  by  nonnegotiable  document.   While
goods are in the possession of a bailee  that  has  issued  a
nonnegotiable   document   covering  the  goods,  a  security
interest in the goods may be perfected by:
         (1)  issuance of a  document  in  the  name  of  the
    secured party;
         (2)  the  bailee's  receipt  of  notification of the
    secured party's interest; or
         (3)  filing as to the goods.
    (e)  Temporary  perfection:   new  value.    A   security
interest in certificated securities, negotiable documents, or
instruments  is  perfected  without  filing  or the taking of
possession for a period of 20 days from the time it  attaches
to  the  extent  that  it arises for new value given under an
authenticated security agreement.
    (f)  Temporary  perfection:   goods  or  documents   made
available  to  debtor.   A  perfected  security interest in a
negotiable document or goods in possession of a bailee, other
than one that has issued a negotiable document for the goods,
remains perfected for 20 days without filing if  the  secured
party  makes  available  to the debtor the goods or documents
representing the goods for the purpose of:
         (1)  ultimate sale or exchange; or
         (2)  loading,    unloading,    storing,    shipping,
    transshipping, manufacturing,  processing,  or  otherwise
    dealing  with  them in a manner preliminary to their sale
    or exchange.
    (g)  Temporary   perfection:    delivery   of    security
certificate  or  instrument  to debtor.  A perfected security
interest in a certificated  security  or  instrument  remains
perfected  for  20  days  without filing if the secured party
delivers the security certificate or instrument to the debtor
for the purpose of:
         (1)  ultimate sale or exchange; or
         (2)  presentation, collection, enforcement, renewal,
    or registration of transfer.
    (h)  Expiration  of  temporary  perfection.   After   the
20-day  period  specified  in  subsection  (e),  (f),  or (g)
expires,  perfection  depends  upon  compliance   with   this
Article.
(Source: P.A. 91-893, eff. 7-1-01.)

    (810 ILCS 5/9-314) (from Ch. 26, par. 9-314)
    (Text of Section before amendment by P.A. 91-893)
    Sec. 9-314. Accessions.
    (1)  A  security  interest in goods which attaches before
they are  installed  in  or  affixed  to  other  goods  takes
priority as to the goods installed or affixed (called in this
section  "accessions")  over the claims of all persons to the
whole except as stated  in  subsection  (3)  and  subject  to
Section 9--315(1).
    (2)  A  security  interest  which attaches to goods after
they become part of a whole  is  valid  against  all  persons
subsequently  acquiring  interests  in  the  whole  except as
stated in subsection (3) but is invalid  against  any  person
with  an  interest  in  the  whole  at  the time the security
interest attaches  to  the  goods  who  has  not  in  writing
consented  to the security interest or disclaimed an interest
in the goods as part of the whole.
    (3)  The security interests described in subsections  (1)
and (2) do not take priority over
         (a)  a   subsequent   purchaser  for  value  of  any
interest in the whole; or
         (b)  a  creditor  with   a   lien   on   the   whole
subsequently obtained by judicial proceedings; or
         (c)  a  creditor  with  a  prior  perfected security
interest in the whole to the extent that he makes  subsequent
advances  if   the  subsequent  purchase is made, the lien by
judicial proceedings obtained or the subsequent advance under
the prior perfected security interest is made  or  contracted
for  without knowledge of the security interest and before it
is perfected. A purchaser of the whole at a foreclosure  sale
other  than  the  holder  of  a  perfected  security interest
purchasing at  his  own  foreclosure  sale  is  a  subsequent
purchaser within this Section.
    (4)  When  under subsections (1) or (2) and (3) a secured
party has an interest in accessions which has  priority  over
the claims of all persons who have interests in the whole, he
may on default subject to the provisions of Part 5 remove his
collateral   from   the  whole  but  he  must  reimburse  any
encumbrancer or owner of the whole who is not the debtor  and
who  has  not  otherwise agreed for the cost of repair of any
physical injury but not for any diminution in  value  of  the
whole  caused  by  the absence of the goods removed or by any
necessity  for  replacing  them.   A   person   entitled   to
reimbursement  may  refuse  permission  to  remove  until the
secured party gives adequate security for the performance  of
this obligation.
(Source: Laws 1961, p. 2101.)

    (Text of Section after amendment by P.A. 91-893)
    Sec. 9-314. Perfection by control.
    (a)  Perfection  by  control.   A  security  interest  in
investment  property,  deposit  accounts,  electronic chattel
paper, letter-of-credit rights, or  beneficial  interests  in
Illinois   land   trusts  electronic  chattel  paper  may  be
perfected by control of the collateral under  Section  9-104,
9-105, 9-106, or 9-107, or 9-107.1.
    (b)  Specified   collateral:    time   of  perfection  by
control; continuation of perfection.  A security interest  in
deposit    accounts,    electronic    chattel    paper,    or
letter-of-credit  rights, or beneficial interests in Illinois
land trusts is perfected  by  control  under  Section  9-104,
9-105,  or  9-107,  or 9-107.1 when the secured party obtains
control and remains  perfected  by  control  only  while  the
secured party retains control.
    (c)  Investment property:  time of perfection by control;
continuation   of   perfection.    A   security  interest  in
investment property is perfected  by  control  under  Section
9-106  from  the  time  the secured party obtains control and
remains perfected by control until:
         (1)  the secured party does not have control; and
         (2)  one of the following occurs:
              (A)  if  the  collateral  is   a   certificated
         security,  the  debtor has or acquires possession of
         the security certificate;
              (B)  if the  collateral  is  an  uncertificated
         security, the issuer has registered or registers the
         debtor as the registered owner; or
              (C)  if    the   collateral   is   a   security
         entitlement,  the   debtor   is   or   becomes   the
         entitlement holder.
(Source: P.A. 91-893, eff. 7-1-01.)

    (810 ILCS 5/9-322)
    (This  Section  may contain text from a Public Act with a
delayed effective date)
    Sec.  9-322.   Priorities  among   conflicting   security
interests in and agricultural liens on same collateral.
    (a)  General   priority   rules.    Except  as  otherwise
provided in this Section, priority among conflicting security
interests and agricultural liens in the  same  collateral  is
determined according to the following rules:
         (1)  Conflicting  perfected  security  interests and
    agricultural liens rank according to priority in time  of
    filing or perfection.  Priority dates from the earlier of
    the  time  a filing covering the collateral is first made
    or the security interest or agricultural  lien  is  first
    perfected, if there is no period thereafter when there is
    neither filing nor perfection.
         (2)  A  perfected  security interest or agricultural
    lien has priority over a conflicting unperfected security
    interest or agricultural lien.
         (3)  The first  security  interest  or  agricultural
    lien  to  attach  or  become  effective  has  priority if
    conflicting security interests and agricultural liens are
    unperfected.
    (b)  Time  of  perfection:    proceeds   and   supporting
obligations. For the purposes of subsection (a)(1):
         (1)  the  time  of  filing  or  perfection  as  to a
    security interest in  collateral  is  also  the  time  of
    filing  or  perfection  as  to  a  security  interest  in
    proceeds; and
         (2)  the  time  of  filing  or  perfection  as  to a
    security interest in collateral supported by a supporting
    obligation is also the time of filing or perfection as to
    a security interest in the supporting obligation.
    (c)  Special priority  rules:   proceeds  and  supporting
obligations.  Except as otherwise provided in subsection (f),
a  security  interest  in  collateral  which  qualifies   for
priority  over  a conflicting security interest under Section
9-327, 9-328,  9-329,  9-329.1,  9-330,  or  9-331  also  has
priority over a conflicting security interest in:
         (1)  any  supporting  obligation for the collateral;
    and
         (2)  proceeds of the collateral if:
              (A)  the  security  interest  in  proceeds   is
         perfected;
              (B)  the  proceeds  are cash proceeds or of the
         same type as the collateral; and
              (C)  in the case of proceeds that are  proceeds
         of  proceeds,  all  intervening  proceeds  are  cash
         proceeds,   proceeds   of   the  same  type  as  the
         collateral,  or   an   account   relating   to   the
         collateral.
    (d)  First-to-file  priority rule for certain collateral.
Subject to subsection (e) and except as otherwise provided in
subsection (f), if a  security  interest  in  chattel  paper,
deposit    accounts,   negotiable   documents,   instruments,
investment   property,   or   letter-of-credit   rights,   or
beneficial interests in Illinois land trusts is perfected  by
a  method  other  than filing, conflicting perfected security
interests in proceeds of the  collateral  rank  according  to
priority in time of filing.
    (e)  Applicability  of  subsection  (d).   Subsection (d)
applies only if the proceeds of the collateral are  not  cash
proceeds,  chattel  paper, negotiable documents, instruments,
investment property, beneficial interests  in  Illinois  land
trusts, or letter-of-credit rights.
    (f)  Limitations   on   subsections   (a)   through  (e).
Subsections (a) through (e) are subject to:
         (1)  subsection (g) and the other provisions of this
    Part;
         (2)  Section  4-210  with  respect  to  a   security
    interest of a collecting bank;
         (3)  Section   5-118  with  respect  to  a  security
    interest of an issuer or nominated person; and
         (4)  Section  9-110  with  respect  to  a   security
    interest arising under Article 2 or 2A.
    (g)  Priority   under   agricultural   lien  statute.   A
perfected agricultural lien on collateral has priority over a
conflicting security interest in or agricultural lien on  the
same collateral if the statute creating the agricultural lien
so provides.
(Source: P.A. 91-893, eff. 7-1-01.)

    (810 ILCS 5/9-329.1 new)
    Sec.   9-329.1.  Priority   of   Security   Interests  in
Beneficial  Interest in an Illinois Land Trust. The following
rules govern priority among conflicting security interests in
the same beneficial interest in an Illinois land trust:
         (1)  A security interest held  by  a  secured  party
    having  control  of the beneficial interest under Section
    9-107.1 has priority to the extent of its control over  a
    conflicting  security  interest  held  by a secured party
    that does not have control.
         (2)  Security interests perfected by  control  under
    Section  9-314  rank  according  to  priority  in time of
    obtaining control.

    Section 95.  No acceleration or delay.   Where  this  Act
makes changes in a statute that is represented in this Act by
text  that  is not yet or no longer in effect (for example, a
Section represented by multiple versions), the  use  of  that
text  does  not  accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived  from
any other Public Act.
    Passed in the General Assembly May 09, 2001.
    Approved August 02, 2001.

[ Top ]