New Jersey § 12a:9-322

Full text of New Jersey New Jersey Statutes § 12a:9-322, with citation guidance and answers to common questions.

§ 12a:9-322.

(a) General priority rules. Except as otherwise provided in this section, priority among conflicting security

interests and agricultural liens in the same collateral is determined according to

the following rules: (1) Conflicting perfected security interests and agricultural liens rank according

to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is

first made or the security interest or agricultural lien is first perfected, if there

is no period thereafter when there is neither filing nor perfection. (2) A perfected security interest or agricultural lien has priority over a conflicting

unperfected security interest or agricultural lien. (3) The first security interest or agricultural lien to attach or become effective

has priority if conflicting security interests and agricultural liens are unperfected. (b) Time of perfection: proceeds and supporting obligations. For the purposes of subsection (a) (1) : (1) the time of filing or perfection as to a security interest in collateral is also

the time of filing or perfection as to a security interest in proceeds; and (2) the time of filing or perfection as to a security interest in collateral supported

by a supporting obligation is also the time of filing or perfection as to a security

interest in the supporting obligation. (c) Special priority rules: proceeds and supporting obligations. Except as otherwise provided in subsection (f) , a security interest in collateral which qualifies for priority over a conflicting

security interest under 12A:9-327, 12A:9-328, 12A:9-329, 12A:9-330, or 12A:9-331 also

has priority over a conflicting security interest in: (1) any supporting obligation for the collateral; and (2) proceeds of the collateral if: (A) the security interest in proceeds is perfected; (B) the proceeds are cash proceeds or of the same type as the collateral; and (C) in the case of proceeds that are proceeds of proceeds, all intervening proceeds are

cash proceeds, proceeds of the same type as the collateral, or an account relating

to the collateral. (d) First-to-file priority rule for certain collateral. Subject to subsection (e) and except as otherwise provided in subsection (f) , if a security interest in chattel paper, deposit accounts, negotiable documents,

instruments, investment property, or letter-of-credit rights is perfected by a method

other than filing, conflicting perfected security interests in proceeds of the collateral

rank according to priority in time of filing. (e) Applicability of subsection (d). Subsection (d) applies only if the proceeds of the collateral are not cash proceeds, chattel paper,

negotiable documents, instruments, investment property, or letter-of-credit rights. (f) Limitations on subsections (a) through (e). Subsections (a) through (e) are subject to: (1) subsection (g) and the other provisions of this part; (2) 12A:4-210 with respect to a security interest of a collecting bank; (3) 12A:5-118 with respect to a security interest of an issuer or nominated person; and (4) 12A:9-110 with respect to a security interest arising under Chapter 2 or 2A. (g) Priority under agricultural lien statute. A perfected agricultural lien on collateral has priority over a conflicting security

interest in or agricultural lien on the same collateral if the statute creating the

agricultural lien so provides.

Frequently Asked Questions About New Jersey § 12a:9-322

What does New Jersey Statutes § 12a:9-322 cover?

Section 12a:9-322 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:9-322?

A common citation format is "New Jersey Statutes § 12a:9-322" (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:9-322 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.