§ 46-9-310

W. Va. Code § 46-9-310

When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.

  1. (a) General rule: Perfection by filing. Except as otherwise provided in subsection (b) of this section and section 9-312(b), a financing statement must be filed to perfect all security interests and agricultural liens.

  2. (b) Exceptions: Filing not necessary. The filing of a financing statement is not necessary to perfect a security interest:

    1. (1) That is perfected under section 9-308(d), (e), (f) or (g);
    2. (2) That is perfected under section 9-309 when it attaches;
    3. (3) In property subject to a statute, regulation or treaty described in section 9-311(a);
    4. (4) In goods in possession of a bailee which is perfected under section 9-312(d)(1) or (2);
    5. (5) In certificated securities, documents, goods or instruments which is perfected without filing, control, or possession under section 9-312(e), (f) or (g);
    6. (6) In collateral in the secured party's possession under section 9-313;
    7. (7) In a certificated security which is perfected by delivery of the security certificate to the secured party under section 9-313;
    8. (8) In deposit accounts, electronic chattel paper, electronic documents, investment property or letter-of-credit rights which is perfected by control under section 9-314;
    9. (9) In proceeds which is perfected under section 9-315; or
    10. (10) That is perfected under section 9-316.
  3. (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.
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