Mont. Code Ann. § 30-9A-311
Perfection of security interests in property subject to certain statutes, regulations, and treaties
En. Sec. 30, Ch. 305, L. 1999; amd. Sec. 7, Ch. 179, L. 2001; Sec. 30-9-331, MCA 1999; redes. 30-9A-311 by Code Commissioner, 2001; amd. Sec. 38, Ch. 477, L. 2003; amd. Sec. 5, Ch. 75, L. 2013.
(1) Except as otherwise provided in subsection (4), the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:
- (a) a statute, regulation, or treaty of the United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt 30-9A-310(1);
- (b) the certificate of title provisions of Title 23 or 61; or
- (c) a statute of another jurisdiction that provides for a security interest to be indicated on a certificate of title as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the property.
- (2) Compliance with the requirements of a statute, regulation, or treaty described in subsection (1) for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this chapter. Except as otherwise provided in 30-9A-313 and 30-9A-316(4) and (5) and subsection (4) of this section for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subsection (1) may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.
- (3) Except as otherwise provided in 30-9A-316(4) and (5) and subsection (4) of this section, duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation, or treaty described in subsection (1) are governed by the statute, regulation, or treaty. In other respects the security interest is subject to this chapter.
- (4) During any period in which collateral subject to a statute specified in subsection (1)(b) is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this section does not apply to a security interest in that collateral created by that person.
History: En. Sec. 30, Ch. 305, L. 1999; amd. Sec. 7, Ch. 179, L. 2001; Sec. 30-9-331, MCA 1999; redes. 30-9A-311 by Code Commissioner, 2001; amd. Sec. 38, Ch. 477, L. 2003; amd. Sec. 5, Ch. 75, L. 2013.