1. MCA Contents
  2. TITLE 30
  3. CHAPTER 9A
  4. Part 2
  5. 30-9A-205 Use or disposition of collateral permissible

TITLE 30. TRADE AND COMMERCE

CHAPTER 9A. UNIFORM COMMERCIAL CODE SECURED TRANSACTIONS

Part 2. Effectiveness of Security Agreement -- Attachment of Security Interest -- Rights of Parties to Security Agreement

Use Or Disposition Of Collateral Permissible

30-9A-205. Use or disposition of collateral permissible. (1) A security interest is not invalid or fraudulent against creditors solely because:

(a) the debtor has the right or ability to:

(i) use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;

(ii) collect, compromise, enforce, or otherwise deal with collateral;

(iii) accept the return of collateral or make repossessions; or

(iv) use, commingle, or dispose of proceeds; or

(b) the secured party fails to require the debtor to account for proceeds or replace collateral.

(2) This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.

History: En. Sec. 14, Ch. 305, L. 1999; Sec. 30-9-215, MCA 1999; redes. 30-9A-205 by Code Commissioner, 2001.