2006 Minnesota Statutes

336.9-317 MS 1998 [Repealed, 2000 c 399 art 1 s 140]
336.9-317 INTERESTS THAT TAKE PRIORITY OVER OR TAKE FREE OF SECURITY
INTEREST OR AGRICULTURAL LIEN.
(a) Conflicting security interests and rights of lien creditors. A security interest or
agricultural lien is subordinate to the rights of:
(1) a person entitled to priority under section 336.9-322; and
(2) except as otherwise provided in subsection (e), a person that becomes a lien creditor
before the earlier of the time:
(A) the security interest or agricultural lien is perfected; or
(B) one of the conditions specified in section 336.9-203(b)(3) is met and a financing
statement covering the collateral is filed.
(b) Buyers that receive delivery. Except as otherwise provided in subsection (e), a buyer,
other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a
security certificate takes free of a security interest or agricultural lien if the buyer gives value and
receives delivery of the collateral without knowledge of the security interest or agricultural lien
and before it is perfected.
(c) Lessees that receive delivery. Except as otherwise provided in subsection (e), a lessee of
goods takes free of a security interest or agricultural lien if the lessee gives value and receives
delivery of the collateral without knowledge of the security interest or agricultural lien and before
it is perfected.
(d) Licensees and buyers of certain collateral. A licensee of a general intangible or a
buyer, other than a secured party, of accounts, electronic chattel paper, electronic documents,
general intangibles, or investment property other than a certificated security takes free of a
security interest if the licensee or buyer gives value without knowledge of the security interest
and before it is perfected.
(e) Purchase-money security interest. Except as otherwise provided in sections 336.9-320
and 336.9-321, if a person files a financing statement with respect to a purchase-money security
interest before or within 20 days after the debtor receives delivery of the collateral, the security
interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the
time the security interest attaches and the time of filing.
History: 2000 c 399 art 1 s 37; 2001 c 195 art 1 s 9; 2004 c 162 art 5 s 27