Mont. Code Ann. § 30-9A-301
Law governing perfection and priority of security interests
En. Sec. 20, Ch. 305, L. 1999; Sec. 30-9-321, MCA 1999; redes. 30-9A-301 by Code Commissioner, 2001; amd. Sec. 78, Ch. 575, L. 2005; amd. Sec. 56, Ch. 200, L. 2025.
Except as otherwise provided in 30-9A-303 through 30-9A-306 and 30-9A-306B, 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 subsection (4), while negotiable tangible documents, goods, instruments, or money 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.
History: En. Sec. 20, Ch. 305, L. 1999; Sec. 30-9-321, MCA 1999; redes. 30-9A-301 by Code Commissioner, 2001; amd. Sec. 78, Ch. 575, L. 2005; amd. Sec. 56, Ch. 200, L. 2025.