1. When security interest not invalid or fraudulent. A security interest is not invalid or fraudulent against creditors solely because:
a. the debtor has the right or ability to:
- (1) use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;
- (2) collect, compromise, enforce, or otherwise deal with collateral;
- (3) accept the return of collateral or make repossessions; or
- (4) use, commingle, or dispose of proceeds; or
- b. the secured party fails to require the debtor to account for proceeds or replace collateral.
- 2. Requirements of possession not relaxed. This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.
2000 Acts, ch 1149, §15, 185, 187