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Laws of North Carolina (Last Updated: May 12, 2015) |
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Chapter25. Uniform Commercial Code. |
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Article9. Secured Transactions |
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Part2. Effectiveness of Security Agreement; Attachment of Security Interest; Rights of Parties to Security Agreement |
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SUBPART1. Effectiveness and Attachment. |
§25-9-205. Use or disposition of collateral permissible
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(a) When security interest not invalid or fraudulent. - A security interest is not invalid or fraudulent against creditors solely because:
(1) The debtor has the right or ability to:
a. Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;
b. Collect, compromise, enforce, or otherwise deal with collateral;
c. Accept the return of collateral or make repossessions; or
d. Use, commingle, or dispose of proceeds; or
(2) The secured party fails to require the debtor to account for proceeds or replace collateral.
(b) Requirements of possession not relaxed. - 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.