Lesson 12: Methods of Perfection
Welcome to Lesson 12: Methods of Perfection as part of the large topic of Perfection of Security Interests. In this lesson, we will explore the various methods for perfecting a security interest, which is crucial for establishing priority among creditors.
1. Filing a Financing Statement
One of the primary methods of perfection is filing a financing statement with the appropriate government office. This method is covered in depth in Lesson 13: Filing a Financing Statement.
A financing statement typically includes:
- Debtor's name and address
- Secured party's name and address
- Description of the collateral
Financing Statement
Debtor: John Doe
Secured Party: ABC Bank
Collateral: Inventory
2. Possession of Collateral
Perfection by possession is another method, which involves the secured party physically holding the collateral until the debt is satisfied. This method is often used for tangible collateral such as goods, instruments, and chattel paper.
3. Control
For certain types of collateral such as deposit accounts and investment property, perfection can be achieved by control. Control is a method where the secured party has the right to direct the disposition of the collateral without further consent from the debtor.
4. Automatic Perfection
Some security interests are perfected automatically upon attachment without the need for filing or taking possession. A common example is a Purchase Money Security Interest (PMSI) in consumer goods.
Visualizing the Methods of Perfection
Mathematical Representation of Priority
Priority of security interests can be represented mathematically as follows:
P_{secured\ parties} \gt P_{unsecured\ parties}
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Important Resources
- Definition and Overview of Secured Transactions
- Attachment of Security Interest
- Automatic Perfection and Possession
- Wikipedia: Secured Transaction
Additional Reading
For further reading on methods of perfection and their applications, see: