New Jersey § 12a:9-316
Full text of New Jersey New Jersey Statutes § 12a:9-316, with citation guidance and answers to common questions.
§ 12a:9-316.
(a) General rule: effect on perfection of change in governing law. A security interest perfected pursuant to the law of the jurisdiction designated
in 12A:9-301(1) or 12A:9-305(c) remains perfected until the earliest of: (1) the time perfection would have ceased under the law of that jurisdiction; (2) the expiration of four months after a change of the debtor's location to another
jurisdiction; or (3) the expiration of one year after a transfer of collateral to a person that thereby
becomes a debtor and is located in another jurisdiction. (b) Security interest perfected or unperfected under law of new jurisdiction. If a security interest described in subsection (a) becomes perfected under the law
of the other jurisdiction before the earliest time or event described in that subsection,
it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction
before the earliest time or event, it becomes unperfected and is deemed never to have
been perfected as against a purchaser of the collateral for value. (c) Possessory security interest in collateral moved to new jurisdiction. A possessory security interest in collateral, other than goods covered by a certificate
of title and as-extracted collateral consisting of goods, remains continuously perfected
if: (1) the collateral is located in one jurisdiction and subject to a security interest
perfected under the law of that jurisdiction; (2) thereafter the collateral is brought into another jurisdiction; and (3) upon entry into the other jurisdiction, the security interest is perfected under
the law of the other jurisdiction. (d) Goods covered by certificate of title from this State. Except as otherwise provided in subsection (e), a security interest in goods covered
by a certificate of title which is perfected by any method under the law of another
jurisdiction when the goods become covered by a certificate of title from this State
remains perfected until the security interest would have become unperfected under
the law of the other jurisdiction had the goods not become so covered. (e) When subsection (d) security interest becomes unperfected against purchasers. A security interest described in subsection (d) becomes unperfected as against a
purchaser of the goods for value and is deemed never to have been perfected as against
a purchaser of the goods for value if the applicable requirements for perfection under
12A:9-311(b) or 12A:9-313 are not satisfied before the earlier of: (1) the time the security interest would have become unperfected under the law of
the other jurisdiction had the goods not become covered by a certificate of title
from this State; or (2) the expiration of four months after the goods had become so covered. (f) Change in jurisdiction of bank, issuer, nominated person, securities intermediary,
or commodity intermediary. A security interest in deposit accounts, letter-of-credit rights, or investment
property which is perfected under the law of the bank's jurisdiction, the issuer's
jurisdiction, a nominated person's jurisdiction, the securities intermediary's jurisdiction,
or the commodity intermediary's jurisdiction, as applicable, remains perfected until
the earlier of: (1) the time the security interest would have become unperfected under the law of
that jurisdiction; or (2) the expiration of four months after a change of the applicable jurisdiction to
another jurisdiction. (g) Subsection (f) security interest perfected or unperfected under law of new jurisdiction. If a security interest described in subsection (f) becomes perfected under the law
of the other jurisdiction before the earlier of the time or the end of the period
described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction
before the earlier of that time or the end of that period, it becomes unperfected
and is deemed never to have been perfected as against a purchaser of the collateral
for value. (h) Effect on filed financing statement of change in governing law. The following rules apply to collateral to which a security interest attaches within
four months after the debtor changes its location to another jurisdiction: (1) A financing statement filed before the change pursuant to the law of the jurisdiction
designated in 12A:9-301(1) or 12A:9-305(c) is effective to perfect a security interest
in the collateral if the financing statement would have been effective to perfect
a security interest in the collateral had the debtor not changed its location. (2) If a security interest perfected by a financing statement that is effective under
paragraph (1) becomes perfected under the law of the other jurisdiction before the
earlier of the time the financing statement would have become ineffective under the
law of the jurisdiction designated in 12A:9-301(1) or 12A:9-305(c) or the expiration
of the four-month period, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction
before the earlier time or event, it becomes unperfected and is deemed never to have
been perfected as against a purchaser of the collateral for value. (i) Effect of change in governing law on financing statement filed against original
debtor. If a financing statement naming an original debtor is filed pursuant to the law
of the jurisdiction designated in 12A:9-301(1) or 12A:9-305(c) and the new debtor
is located in another jurisdiction, the following rules apply: (1) The financing statement is effective to perfect a security interest in collateral
acquired by the new debtor before, and within four months after, the new debtor becomes
bound under 12A:9-203(d), if the financing statement would have been effective to
perfect a security interest in the collateral had the collateral been acquired by
the original debtor. (2) A security interest perfected by the financing statement and which becomes perfected
under the law of the other jurisdiction before the earlier of the time the financing
statement would have become ineffective under the law of the jurisdiction designated
in 12A:9-301(1) or 12A:9-305(c) or the expiration of the four-month period remains
perfected thereafter. A security interest that is perfected by the financing statement but which does
not become perfected under the law of the other jurisdiction before the earlier time
or event becomes unperfected and is deemed never to have been perfected as against
a purchaser of the collateral for value.
Frequently Asked Questions About New Jersey § 12a:9-316
What does New Jersey Statutes § 12a:9-316 cover?
Section 12a:9-316 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:9-316?
A common citation format is "New Jersey Statutes § 12a:9-316" (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:9-316 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.