South Carolina § 36-9-326 - Priority of security interests created by new debtor.

Full text of South Carolina South Carolina Code of Laws § 36-9-326 — Priority of security interests created by new debtor., with citation guidance and answers to common questions.

§ 36-9-326. Priority of security interests created by new debtor.

(a) Subject to subsection (b), a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ineffective to perfect the security interest but for the application of Section 36-9-316(i)(1) or Section 36-9-508 is subordinate to a security interest in the same collateral which is perfected other than by such a filed financing statement.

(b) The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements described in subsection (a). However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor's having become bound.

HISTORY: 2001 Act No. 67, SECTION 12; 2013 Act No. 96, SECTION 8, eff July 1, 2013.

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

Frequently Asked Questions About South Carolina § 36-9-326

What does South Carolina Code of Laws § 36-9-326 cover?

Section 36-9-326 ("Priority of security interests created by new debtor.") 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 § 36-9-326?

A common citation format is "South Carolina Code of Laws § 36-9-326" (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 § 36-9-326 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.