South Carolina § 36-9-309 - Security interest perfected upon attachment.

Full text of South Carolina South Carolina Code of Laws § 36-9-309 — Security interest perfected upon attachment., with citation guidance and answers to common questions.

§ 36-9-309. Security interest perfected upon attachment.

The following security interests are perfected when they attach:

(1) a purchase-money security interest in consumer goods, except as otherwise provided in Section 36-9-311(b) with respect to consumer goods that are subject to a statute or treaty described in Section 36-9-311(a);

(2) an assignment of accounts or payment intangibles which does not by itself or in conjunction with other assignments to the same assignee transfer a significant part of the assignor's outstanding accounts or payment intangibles;

(3) a sale of a payment intangible;

(4) a sale of a promissory note;

(5) a security interest created by the assignment of a health-care-insurance receivable to the provider of the health-care goods or services;

(6) a security interest arising under Section 36-2-401, 36-2-505, 36-2-711(3), or 36-2A-508(5), until the debtor obtains possession of the collateral;

(7) a security interest of a collecting bank arising under Section 36-4-210;

(8) a security interest of an issuer or nominated person arising under Section 36-5-118;

(9) a security interest arising in the delivery of a financial asset under Section 36-9-206(c);

(10) a security interest in investment property created by a broker or securities intermediary;

(11) a security interest in a commodity contract or a commodity account created by a commodity intermediary;

(12) an assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder; and

(13) a security interest created by an assignment of a beneficial interest in a decedent's estate.

HISTORY: 1962 Code SECTION 10.9-309; 1966 (54) 2716; 1988 Act No. 494, SECTION 5; 1991 Act No; 161, SECTION 2(J); 2001 Act No. 67, SECTION 12.

Source: official South Carolina text · Last verified 2026-08-27

Frequently Asked Questions About South Carolina § 36-9-309

What does South Carolina Code of Laws § 36-9-309 cover?

Section 36-9-309 ("Security interest perfected upon attachment.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. 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 South Carolina § 36-9-309?

A common citation format is "South Carolina Code of Laws § 36-9-309" (South Carolina). 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 South Carolina law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.

How does South Carolina § 36-9-309 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina 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 South Carolina.