New Jersey § 12a:9-313
Full text of New Jersey New Jersey Statutes § 12a:9-313, with citation guidance and answers to common questions.
§ 12a:9-313.
(a) Perfection by possession or delivery. Except as otherwise provided in subsection (b), a secured party may perfect a security
interest in tangible negotiable documents, goods, instruments, money, or tangible chattel paper by taking
possession of the collateral. A secured party may perfect a security interest in certificated securities by taking
delivery of the certificated securities under 12A:8-301. (b) Goods covered by certificate of title. With respect to goods covered by a certificate of title issued by this State, a
secured party may perfect a security interest in the goods by taking possession of
the goods only in the circumstances described in 12A:9-316 (d). (c) Collateral in possession of person other than debtor. With respect to collateral other than certificated securities and goods covered
by a document, a secured party takes possession of collateral in the possession of
a person other than the debtor, the secured party, or a lessee of the collateral from
the debtor in the ordinary course of the debtor's business, when: (1) the person in possession authenticates a record acknowledging that it holds possession
of the collateral for the secured party's benefit; or (2) the person takes possession of the collateral after having authenticated a record
acknowledging that it will hold possession of collateral for the secured party's benefit. (d) Time of perfection by possession; continuation of perfection. If perfection of a security interest depends upon possession of the collateral by
a secured party, perfection occurs no earlier than the time the secured party takes
possession and continues only while the secured party retains possession. (e) Time of perfection by delivery; continuation of perfection. A security interest in a certificated security in registered form is perfected by
delivery when delivery of the certificated security occurs under 12A:8-301 and remains
perfected by delivery until the debtor obtains possession of the security certificate. (f) Acknowledgment not required. A person in possession of collateral is not required to acknowledge that it holds
possession for a secured party's benefit. (g) Effectiveness of acknowledgment; no duties or confirmation. If a person acknowledges that it holds possession for the secured party's benefit: (1) the acknowledgment is effective under subsection (c) or 12A:8-301 (a), even if
the acknowledgment violates the rights of a debtor; and (2) unless the person otherwise agrees or law other than this chapter otherwise provides,
the person does not owe any duty to the secured party and is not required to confirm
the acknowledgment to another person. (h) Secured party's delivery to person other than debtor. A secured party having possession of collateral does not relinquish possession by
delivering the collateral to a person other than the debtor or a lessee of the collateral
from the debtor in the ordinary course of the debtor's business if the person was
instructed before the delivery or is instructed contemporaneously with the delivery: (1) to hold possession of the collateral for the secured party's benefit; or (2) to redeliver the collateral to the secured party. (i) Effect of delivery under subsection (h); no duties or confirmation. A secured party does not relinquish possession, even if a delivery under subsection
(h) violates the rights of a debtor. A person to which collateral is delivered under subsection (h) does not owe any
duty to the secured party and is not required to confirm the delivery to another person
unless the person otherwise agrees or law other than this chapter otherwise provides.
Frequently Asked Questions About New Jersey § 12a:9-313
What does New Jersey Statutes § 12a:9-313 cover?
Section 12a:9-313 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 12a:9-313?
A common citation format is "New Jersey Statutes § 12a:9-313" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 12a:9-313 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.