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RSA 382-A:9-305 · Law Governing Perfection and Priority of Security Interests in Investment Property
382-A:9-305 Law Governing Perfection and Priority of Security Interests in Investment Property. – (a)Governing law: general rules. Except as otherwise provided in subsection (c), the following rules apply:
Copy linkWhile a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby.
Copy linkThe local law of the issuer's jurisdiction as specified in Section 8-110(d) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security.
Copy linkThe local law of the securities intermediary's jurisdiction as specified in Section 8-110(e) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account.
Copy linkThe local law of the commodity intermediary's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity contract or commodity account.
Copy linkParagraphs (2), (3), and (4) apply even if the transaction does not bear any relation to the jurisdiction. (b)Commodity intermediary's jurisdiction. The following rules determine a commodity intermediary's jurisdiction for purposes of this part:
Copy linkIf an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediary's jurisdiction for purposes of this part, this article, or this chapter, that jurisdiction is the commodity intermediary's jurisdiction.
Copy linkIf paragraph (1) does not apply and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary's jurisdiction.
Copy linkIf neither paragraph (1) nor paragraph (2) applies and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the commodity account is maintained at an office in a particular jurisdiction, that jurisdiction is the commodity intermediary's jurisdiction.
Copy linkIf none of the preceding paragraphs applies, the commodity intermediary's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the commodity customer's account is located.
Copy linkIf none of the preceding paragraphs applies, the commodity intermediary's jurisdiction is the jurisdiction in which the chief executive office of the commodity intermediary is located. (c)When perfection governed by law of jurisdiction where debtor located. The local law of the jurisdiction in which the debtor is located governs:
Copy linkautomatic perfection of a security interest in investment property created by a broker or securities intermediary; and
Copy linkautomatic perfection of a security interest in a commodity contract or commodity account created by a commodity intermediary. Source. 2001, 102:25, eff. July 1, 2001. 2023, 236:42, eff. Oct. 7, 2023.
Copy linkSource note
Source. 2001, 102:25, eff. July 1, 2001. 2023, 236:42, eff. Oct. 7, 2023.
Source history
- 2001, 102:25, eff. July 1, 2001
- 2023, 236:42, eff. Oct. 7, 2023
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installment sale, or other similar agreement to acquire use or ownership of such equipment as is from time to time required by the municipality. For purposes of this section and RSA 382-A, building or facility improvements related to the installation, purpose, or operation of such equipment shall be deemed to constitute equipment and the costs of such improvements may be financed through lease agreements
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installment sale, or other similar agreement to acquire use or ownership of such equipment as is from time to time required by the municipality. For purposes of this section and RSA 382-A, building or facility improvements related to the installation, purpose, or operation of such equipment shall be deemed to constitute equipment and the costs of such improvements may be financed through lease agreements
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V. Any mortgage, pledge, or security interest made by the authority under this chapter shall be valid and binding and shall be deemed continuously perfected for the purposes of RSA 382-A and all other laws from the time when the mortgage, pledge, or security interest is made. The property or revenues so mortgaged, pledged, or subjected to a security interest then held or thereafter acquired or received
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2026 HB1748-FN
reference · effective 2027-01-01
V. Any mortgage, pledge, or security interest made by the authority under this chapter shall be valid and binding and shall be deemed continuously perfected for the purposes of RSA 382-A and all other laws from the time when the mortgage, pledge, or security interest is made. The property or revenues so mortgaged, pledged, or subjected to a security interest then held or thereafter acquired or received
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ge, or accounts evidenced by an instrument. 6 Secured Transactions; Perfection and Priority; Law Governing Perfection and Priority of Security Interests in Investment Property. RSA 382-A:9-305, (a) is repealed and reenacted to read as follows: (a) Governing law: general rules. Except as otherwise provided in subsection (c), the following rules apply: (1) While a security certificate is located in a juris
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rfected from the time when the security document is executed with or without any subsequent physical delivery or segregation of the money and without any filing or recording under RSA 382-A or otherwise] A pledge of property, revenues, or other collateral by the authority to secure the payment of principal or redemption price of, or interest on, any bonds, or any reimbursement or similar agreement with any