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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

COMMERCIAL CODE
(810 ILCS 5/) Uniform Commercial Code.

810 ILCS 5/Art. 9

 
    (810 ILCS 5/Art. 9 heading)
ARTICLE 9
SECURED TRANSACTIONS

810 ILCS 5/Art. 9 Pt. 1

 
    (810 ILCS 5/Art. 9 Pt. 1 heading)
PART 1. GENERAL PROVISIONS

810 ILCS 5/Art. 9 Pt. 1 Sub. 1

 
    (810 ILCS 5/Art. 9 Pt. 1 Sub. 1 heading)
SUBPART 1. SHORT TITLE, DEFINITIONS, AND GENERAL CONCEPTS

810 ILCS 5/9-101

    (810 ILCS 5/9-101) (from Ch. 26, par. 9-101)
    Sec. 9-101. Short title. This Article may be cited as Uniform Commercial Code - Secured Transactions.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-102

    (810 ILCS 5/9-102) (from Ch. 26, par. 9-102)
    Sec. 9-102. Definitions and index of definitions.
    (a) Article 9 definitions. In this Article:
        (1) "Accession" means goods that are physically
    
united with other goods in such a manner that the identity of the original goods is not lost.
        (2) "Account", except as used in "account for", means
    
a right to payment of a monetary obligation, whether or not earned by performance, (i) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered, (iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge card or information contained on or for use with the card, or (viii) as winnings in a lottery or other game of chance operated or sponsored by a State, governmental unit of a State, or person licensed or authorized to operate the game by a State or governmental unit of a State. The term includes health-care-insurance receivables. The term does not include (i) rights to payment evidenced by chattel paper or an instrument, (ii) commercial tort claims, (iii) deposit accounts, (iv) investment property, (v) letter-of-credit rights or letters of credit, or (vi) rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card.
        (3) "Account debtor" means a person obligated on an
    
account, chattel paper, or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper.
        (4) "Accounting", except as used in "accounting for",
    
means a record:
            (A) authenticated by a secured party;
            (B) indicating the aggregate unpaid secured
        
obligations as of a date not more than 35 days earlier or 35 days later than the date of the record; and
            (C) identifying the components of the obligations
        
in reasonable detail.
        (5) "Agricultural lien" means an interest, other than
    
a security interest, in farm products:
            (A) which secures payment or performance of an
        
obligation for goods or services furnished in connection with a debtor's farming operation;
            (B) which is created by statute in favor of a
        
person that in the ordinary course of its business furnished goods or services to a debtor in connection with a debtor's farming operation; and
            (C) whose effectiveness does not depend on the
        
person's possession of the personal property.
        (6) "As-extracted collateral" means:
            (A) oil, gas, or other minerals that are subject
        
to a security interest that:
                (i) is created by a debtor having an interest
            
in the minerals before extraction; and
                (ii) attaches to the minerals as extracted; or
            (B) accounts arising out of the sale at the
        
wellhead or minehead of oil, gas, or other minerals in which the debtor had an interest before extraction.
        (7) "Authenticate" means:
            (A) to sign; or
            (B) with present intent to adopt or accept a
        
record, to attach to or logically associate with the record an electronic sound, symbol, or process.
        (8) "Bank" means an organization that is engaged in
    
the business of banking. The term includes savings banks, savings and loan associations, credit unions, and trust companies.
        (9) "Cash proceeds" means proceeds that are money,
    
checks, deposit accounts, or the like.
        (10) "Certificate of title" means a certificate of
    
title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. The term includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificates of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral.
        (11) "Chattel paper" means a record or records that
    
evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods, or a lease of specified goods and a license of software used in the goods. In this paragraph, "monetary obligation" means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods. The term does not include (i) charters or other contracts involving the use or hire of a vessel or (ii) records that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card. If a transaction is evidenced by records that include an instrument or series of instruments, the group of records taken together constitutes chattel paper.
        (12) "Collateral" means the property subject to a
    
security interest or agricultural lien. The term includes:
            (A) proceeds to which a security interest
        
attaches;
            (B) accounts, chattel paper, payment intangibles,
        
and promissory notes that have been sold; and
            (C) goods that are the subject of a consignment.
        (13) "Commercial tort claim" means a claim arising in
    
tort with respect to which:
            (A) the claimant is an organization; or
            (B) the claimant is an individual and the claim:
                (i) arose in the course of the claimant's
            
business or profession; and
                (ii) does not include damages arising out of
            
personal injury to or the death of an individual.
        (14) "Commodity account" means an account maintained
    
by a commodity intermediary in which a commodity contract is carried for a commodity customer.
        (15) "Commodity contract" means a commodity futures
    
contract, an option on a commodity futures contract, a commodity option, or another contract if the contract or option is:
            (A) traded on or subject to the rules of a board
        
of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or
            (B) traded on a foreign commodity board of trade,
        
exchange, or market, and is carried on the books of a commodity intermediary for a commodity customer.
        (16) "Commodity customer" means a person for which a
    
commodity intermediary carries a commodity contract on its books.
        (17) "Commodity intermediary" means a person that:
            (A) is registered as a futures commission
        
merchant under federal commodities law; or
            (B) in the ordinary course of its business
        
provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law.
        (18) "Communicate" means:
            (A) to send a written or other tangible record;
            (B) to transmit a record by any means agreed upon
        
by the persons sending and receiving the record; or
            (C) in the case of transmission of a record to or
        
by a filing office, to transmit a record by any means prescribed by filing-office rule.
        (19) "Consignee" means a merchant to which goods are
    
delivered in a consignment.
        (20) "Consignment" means a transaction, regardless of
    
its form, in which a person delivers goods to a merchant for the purpose of sale and:
            (A) the merchant:
                (i) deals in goods of that kind under a name
            
other than the name of the person making delivery;
                (ii) is not an auctioneer; and
                (iii) is not generally known by its creditors
            
to be substantially engaged in selling the goods of others;
            (B) with respect to each delivery, the aggregate
        
value of the goods is $1,000 or more at the time of delivery;
            (C) the goods are not consumer goods immediately
        
before delivery; and
            (D) the transaction does not create a security
        
interest that secures an obligation.
        (21) "Consignor" means a person that delivers goods
    
to a consignee in a consignment.
        (22) "Consumer debtor" means a debtor in a consumer
    
transaction.
        (23) "Consumer goods" means goods that are used or
    
bought for use primarily for personal, family, or household purposes.
        (24) "Consumer-goods transaction" means a consumer
    
transaction in which:
            (A) an individual incurs an obligation primarily
        
for personal, family, or household purposes; and
            (B) a security interest in consumer goods secures
        
the obligation.
        (25) "Consumer obligor" means an obligor who is an
    
individual and who incurred the obligation as part of a transaction entered into primarily for personal, family, or household purposes.
        (26) "Consumer transaction" means a transaction in
    
which (i) an individual incurs an obligation primarily for personal, family, or household purposes, (ii) a security interest secures the obligation, and (iii) the collateral is held or acquired primarily for personal, family, or household purposes. The term includes consumer-goods transactions.
        (27) "Continuation statement" means an amendment of a
    
financing statement which:
            (A) identifies, by its file number, the initial
        
financing statement to which it relates; and
            (B) indicates that it is a continuation statement
        
for, or that it is filed to continue the effectiveness of, the identified financing statement.
        (28) "Debtor" means:
            (A) a person having an interest, other than a
        
security interest or other lien, in the collateral, whether or not the person is an obligor;
            (B) a seller of accounts, chattel paper, payment
        
intangibles, or promissory notes; or
            (C) a consignee.
        (29) "Deposit account" means a demand, time, savings,
    
passbook, nonnegotiable certificates of deposit, uncertificated certificates of deposit, nontransferrable certificates of deposit, or similar account maintained with a bank. The term does not include investment property or accounts evidenced by an instrument.
        (30) "Document" means a document of title or a
    
receipt of the type described in Section 7-201(b).
        (31) "Electronic chattel paper" means chattel paper
    
evidenced by a record or records consisting of information stored in an electronic medium.
        (32) "Encumbrance" means a right, other than an
    
ownership interest, in real property. The term includes mortgages and other liens on real property.
        (33) "Equipment" means goods other than inventory,
    
farm products, or consumer goods.
        (34) "Farm products" means goods, other than standing
    
timber, with respect to which the debtor is engaged in a farming operation and which are:
            (A) crops grown, growing, or to be grown,
        
including:
                (i) crops produced on trees, vines, and
            
bushes; and
                (ii) aquatic goods produced in aquacultural
            
operations;
            (B) livestock, born or unborn, including aquatic
        
goods produced in aquacultural operations;
            (C) supplies used or produced in a farming
        
operation; or
            (D) products of crops or livestock in their
        
unmanufactured states.
        (35) "Farming operation" means raising, cultivating,
    
propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation.
        (36) "File number" means the number assigned to an
    
initial financing statement pursuant to Section 9-519(a).
        (37) "Filing office" means an office designated in
    
Section 9-501 as the place to file a financing statement.
        (38) "Filing-office rule" means a rule adopted
    
pursuant to Section 9-526.
        (39) "Financing statement" means a record or records
    
composed of an initial financing statement and any filed record relating to the initial financing statement.
        (40) "Fixture filing" means the filing of a financing
    
statement covering goods that are or are to become fixtures and satisfying Section 9-502(a) and (b). The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures.
        (41) "Fixtures" means goods that have become so
    
related to particular real property that an interest in them arises under real property law.
        (42) "General intangible" means any personal
    
property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. The term includes payment intangibles and software.
        (43) "Good faith" means honesty in fact and the
    
observance of reasonable commercial standards of fair dealing.
        (44) "Goods" means all things that are movable when a
    
security interest attaches. The term includes (i) fixtures, (ii) standing timber that is to be cut and removed under a conveyance or contract for sale, (iii) the unborn young of animals, (iv) crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes, and (v) manufactured homes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if (i) the program is associated with the goods in such a manner that it customarily is considered part of the goods, or (ii) by becoming the owner of the goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter-of-credit rights, letters of credit, money, or oil, gas, or other minerals before extraction.
        (45) "Governmental unit" means a subdivision, agency,
    
department, county, parish, municipality, or other unit of the government of the United States, a State, or a foreign country. The term includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States.
        (46) "Health-care-insurance receivable" means an
    
interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health-care goods or services provided.
        (47) "Instrument" means a negotiable instrument or
    
any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include (i) investment property, (ii) letters of credit, (iii) nonnegotiable certificates of deposit, (iv) uncertificated certificates of deposit, (v) nontransferrable certificates of deposit, or (vi) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.
        (48) "Inventory" means goods, other than farm
    
products, which:
            (A) are leased by a person as lessor;
            (B) are held by a person for sale or lease or to
        
be furnished under a contract of service;
            (C) are furnished by a person under a contract of
        
service; or
            (D) consist of raw materials, work in process, or
        
materials used or consumed in a business.
        (49) "Investment property" means a security, whether
    
certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account.
        (50) "Jurisdiction of organization", with respect to
    
a registered organization, means the jurisdiction under whose law the organization is formed or organized.
        (51) "Letter-of-credit right" means a right to
    
payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of a beneficiary to demand payment or performance under a letter of credit.
        (52) "Lien creditor" means:
            (A) a creditor that has acquired a lien on the
        
property involved by attachment, levy, or the like;
            (B) an assignee for benefit of creditors from the
        
time of assignment;
            (C) a trustee in bankruptcy from the date of the
        
filing of the petition; or
            (D) a receiver in equity from the time of
        
appointment.
        (53) "Manufactured home" means a structure,
    
transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code. The term "manufactured home" does not include campers and recreational vehicles.
        (54) "Manufactured-home transaction" means a secured
    
transaction:
            (A) that creates a purchase-money security
        
interest in a manufactured home, other than a manufactured home held as inventory; or
            (B) in which a manufactured home, other than a
        
manufactured home held as inventory, is the primary collateral.
        (55) "Mortgage" means a consensual interest in real
    
property, including fixtures, which secures payment or performance of an obligation.
        (56) "New debtor" means a person that becomes bound
    
as debtor under Section 9-203(d) by a security agreement previously entered into by another person.
        (57) "New value" means (i) money, (ii) money's worth
    
in property, services, or new credit, or (iii) release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation.
        (58) "Noncash proceeds" means proceeds other than
    
cash proceeds.
        (59) "Obligor" means a person that, with respect to
    
an obligation secured by a security interest in or an agricultural lien on the collateral, (i) owes payment or other performance of the obligation, (ii) has provided property other than the collateral to secure payment or other performance of the obligation, or (iii) is otherwise accountable in whole or in part for payment or other performance of the obligation. The term does not include issuers or nominated persons under a letter of credit.
        (60) "Original debtor", except as used in Section
    
9-310(c), means a person that, as debtor, entered into a security agreement to which a new debtor has become bound under Section 9-203(d).
        (61) "Payment intangible" means a general intangible
    
under which the account debtor's principal obligation is a monetary obligation.
        (62) "Person related to", with respect to an
    
individual, means:
            (A) the spouse of the individual;
            (B) a brother, brother-in-law, sister, or
        
sister-in-law of the individual;
            (C) an ancestor or lineal descendant of the
        
individual or the individual's spouse; or
            (D) any other relative, by blood or marriage, of
        
the individual or the individual's spouse who shares the same home with the individual.
        (63) "Person related to", with respect to an
    
organization, means:
            (A) a person directly or indirectly controlling,
        
controlled by, or under common control with the organization;
            (B) an officer or director of, or a person
        
performing similar functions with respect to, the organization;
            (C) an officer or director of, or a person
        
performing similar functions with respect to, a person described in subparagraph (A);
            (D) the spouse of an individual described in
        
subparagraph (A), (B), or (C); or
            (E) an individual who is related by blood or
        
marriage to an individual described in subparagraph (A), (B), (C), or (D) and shares the same home with the individual.
        (64) "Proceeds", except as used in Section 9-609(b),
    
means the following property:
            (A) whatever is acquired upon the sale, lease,
        
license, exchange, or other disposition of collateral;
            (B) whatever is collected on, or distributed on
        
account of, collateral;
            (C) rights arising out of collateral;
            (D) to the extent of the value of collateral,
        
claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the collateral; or
            (E) to the extent of the value of collateral and
        
to the extent payable to the debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the collateral.
        (65) "Promissory note" means an instrument that
    
evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds.
        (66) "Proposal" means a record authenticated by a
    
secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to Sections 9-620, 9-621, and 9-622.
        (67) "Public-finance transaction" means a secured
    
transaction in connection with which:
            (A) debt securities are issued;
            (B) all or a portion of the securities issued
        
have an initial stated maturity of at least 20 years; and
            (C) the debtor, obligor, secured party, account
        
debtor or other person obligated on collateral, assignor or assignee of a secured obligation, or assignor or assignee of a security interest is a State or a governmental unit of a State.
        (68) "Public organic record" means a record that is
    
available to the public for inspection and is:
            (A) a record consisting of the record initially
        
filed with or issued by a State or the United States to form or organize an organization and any record filed with or issued by the State or the United States which amends or restates the initial record;
            (B) an organic record of a business trust
        
consisting of the record initially filed with a State and any record filed with the State which amends or restates the initial record, if a statute of the State governing business trusts requires that the record be filed with the State; or
            (C) a record consisting of legislation enacted by
        
the legislature of a State or the Congress of the United States which forms or organizes an organization, any record amending the legislation, and any record filed with or issued by the State or the United States which amends or restates the name of the organization.
        (69) "Pursuant to commitment", with respect to an
    
advance made or other value given by a secured party, means pursuant to the secured party's obligation, whether or not a subsequent event of default or other event not within the secured party's control has relieved or may relieve the secured party from its obligation.
        (70) "Record", except as used in "for record", "of
    
record", "record or legal title", and "record owner", means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.
        (71) "Registered organization" means an organization
    
formed or organized solely under the law of a single State or the United States by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the State or the United States. The term includes a business trust that is formed or organized under the law of a single State if a statute of the State governing business trusts requires that the business trust's organic record be filed with the State.
        (72) "Secondary obligor" means an obligor to the
    
extent that:
            (A) the obligor's obligation is secondary; or
            (B) the obligor has a right of recourse with
        
respect to an obligation secured by collateral against the debtor, another obligor, or property of either.
        (73) "Secured party" means:
            (A) a person in whose favor a security interest
        
is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;
            (B) a person that holds an agricultural lien;
            (C) a consignor;
            (D) a person to which accounts, chattel paper,
        
payment intangibles, or promissory notes have been sold;
            (E) a trustee, indenture trustee, agent,
        
collateral agent, or other representative in whose favor a security interest or agricultural lien is created or provided for; or
            (F) a person that holds a security interest
        
arising under Section 2-401, 2-505, 2-711(3), 2A-508(5), 4-210, or 5-118.
        (74) "Security agreement" means an agreement that
    
creates or provides for a security interest.
        (75) "Send", in connection with a record or
    
notification, means:
            (A) to deposit in the mail, deliver for
        
transmission, or transmit by any other usual means of communication, with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances; or
            (B) to cause the record or notification to be
        
received within the time that it would have been received if properly sent under subparagraph (A).
        (76) "Software" means a computer program and any
    
supporting information provided in connection with a transaction relating to the program. The term does not include a computer program that is included in the definition of goods.
        (77) "State" means a State of the United States, the
    
District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
        (78) "Supporting obligation" means a letter-of-credit
    
right or secondary obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument, or investment property.
        (79) "Tangible chattel paper" means chattel paper
    
evidenced by a record or records consisting of information that is inscribed on a tangible medium.
        (80) "Termination statement" means an amendment of a
    
financing statement which:
            (A) identifies, by its file number, the initial
        
financing statement to which it relates; and
            (B) indicates either that it is a termination
        
statement or that the identified financing statement is no longer effective.
        (81) "Transmitting utility" means a person primarily
    
engaged in the business of:
            (A) operating a railroad, subway, street railway,
        
or trolley bus;
            (B) transmitting communications electrically,
        
electromagnetically, or by light;
            (C) transmitting goods by pipeline or sewer; or
            (D) transmitting or producing and transmitting
        
electricity, steam, gas, or water.
    (b) Definitions in other Articles. "Control" as provided in Section 7-106 and the following definitions in other Articles apply to this Article:
    "Applicant". Section 5-102.
    "Beneficiary". Section 5-102.
    "Broker". Section 8-102.
    "Certificated security". Section 8-102.
    "Check". Section 3-104.
    "Clearing corporation". Section 8-102.
    "Contract for sale". Section 2-106.
    "Customer". Section 4-104.
    "Entitlement holder". Section 8-102.
    "Financial asset". Section 8-102.
    "Holder in due course". Section 3-302.
    "Issuer" (with respect to a letter of credit or letter-of-credit right). Section 5-102.
    "Issuer" (with respect to a security). Section 8-201.
    "Issuer" (with respect to documents of title). Section 7-102.
    "Lease". Section 2A-103.
    "Lease agreement". Section 2A-103.
    "Lease contract". Section 2A-103.
    "Leasehold interest". Section 2A-103.
    "Lessee". Section 2A-103.
    "Lessee in ordinary course of business". Section 2A-103.
    "Lessor". Section 2A-103.
    "Lessor's residual interest". Section 2A-103.
    "Letter of credit". Section 5-102.
    "Merchant". Section 2-104.
    "Negotiable instrument". Section 3-104.
    "Nominated person". Section 5-102.
    "Note". Section 3-104.
    "Proceeds of a letter of credit". Section 5-114.
    "Prove". Section 3-103.
    "Sale". Section 2-106.
    "Securities account". Section 8-501.
    "Securities intermediary". Section 8-102.
    "Security". Section 8-102.
    "Security certificate". Section 8-102.
    "Security entitlement". Section 8-102.
    "Uncertificated security". Section 8-102.
    (c) Article 1 definitions and principles. Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.
(Source: P.A. 97-1034, eff. 7-1-13; 98-749, eff. 7-16-14.)

810 ILCS 5/9-103

    (810 ILCS 5/9-103) (from Ch. 26, par. 9-103)
    Sec. 9-103. Purchase-money security interest; application of payments; burden of establishing.
    (a) Definitions. In this Section:
        (1) "purchase-money collateral" means goods or
    
software that secures a purchase-money obligation incurred with respect to that collateral; and
        (2) "purchase-money obligation" means an obligation
    
of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral if the value is in fact so used.
    (b) Purchase-money security interest in goods. A security interest in goods is a purchase-money security interest:
        (1) to the extent that the goods are purchase-money
    
collateral with respect to that security interest;
        (2) if the security interest is in inventory that is
    
or was purchase-money collateral, also to the extent that the security interest secures a purchase-money obligation incurred with respect to other inventory in which the secured party holds or held a purchase-money security interest; and
        (3) also to the extent that the security interest
    
secures a purchase-money obligation incurred with respect to software in which the secured party holds or held a purchase-money security interest.
    (c) Purchase-money security interest in software. A security interest in software is a purchase-money security interest to the extent that the security interest also secures a purchase-money obligation incurred with respect to goods in which the secured party holds or held a purchase-money security interest if:
        (1) the debtor acquired its interest in the software
    
in an integrated transaction in which it acquired an interest in the goods; and
        (2) the debtor acquired its interest in the software
    
for the principal purpose of using the software in the goods.
    (d) Consignor's inventory purchase-money security interest. The security interest of a consignor in goods that are the subject of a consignment is a purchase-money security interest in inventory.
    (e) Application of payment in non-consumer-goods transaction. In a transaction other than a consumer-goods transaction, if the extent to which a security interest is a purchase-money security interest depends on the application of a payment to a particular obligation, the payment must be applied:
        (1) in accordance with any reasonable method of
    
application to which the parties agree;
        (2) in the absence of the parties' agreement to a
    
reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment; or
        (3) in the absence of an agreement to a reasonable
    
method and a timely manifestation of the obligor's intention, in the following order:
            (A) to obligations that are not secured; and
            (B) if more than one obligation is secured, to
        
obligations secured by purchase-money security interests in the order in which those obligations were incurred.
    (f) No loss of status of purchase-money security interest in non-consumer-goods transaction. In a transaction other than a consumer-goods transaction, a purchase-money security interest does not lose its status as such, even if:
        (1) the purchase-money collateral also secures an
    
obligation that is not a purchase-money obligation;
        (2) collateral that is not purchase-money collateral
    
also secures the purchase-money obligation; or
        (3) the purchase-money obligation has been renewed,
    
refinanced, consolidated, or restructured.
    (g) Burden of proof in non-consumer-goods transaction. In a transaction other than a consumer-goods transaction, a secured party claiming a purchase-money security interest has the burden of establishing the extent to which the security interest is a purchase-money security interest.
    (h) Non-consumer-goods transactions; no inference. The limitation of the rules in subsections (e), (f), and (g) to transactions other than consumer-goods transactions is intended to leave to the court the determination of the proper rules in consumer-goods transactions. The court may not infer from that limitation the nature of the proper rule in consumer-goods transactions and may continue to apply established approaches.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-104

    (810 ILCS 5/9-104) (from Ch. 26, par. 9-104)
    Sec. 9-104. Control of deposit account.
    (a) Requirements for control. A secured party has control of a deposit account if:
        (1) the secured party is the bank with which the
    
deposit account is maintained;
        (2) the debtor, secured party, and bank have agreed
    
in an authenticated record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor; or
        (3) the secured party becomes the bank's customer
    
with respect to the deposit account.
    (b) Debtor's right to direct disposition. A secured party that has satisfied subsection (a) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-105

    (810 ILCS 5/9-105) (from Ch. 26, par. 9-105)
    Sec. 9-105. Control of electronic chattel paper.
    (a) General rule: Control of electronic chattel paper. A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned.
    (b) Specific facts giving control. A system satisfies subsection (a) if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that:
        (1) a single authoritative copy of the record or
    
records exists which is unique, identifiable and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable;
        (2) the authoritative copy identifies the secured
    
party as the assignee of the record or records;
        (3) the authoritative copy is communicated to and
    
maintained by the secured party or its designated custodian;
        (4) copies or amendments that add or change an
    
identified assignee of the authoritative copy can be made only with the consent of the secured party;
        (5) each copy of the authoritative copy and any copy
    
of a copy is readily identifiable as a copy that is not the authoritative copy; and
        (6) any amendment of the authoritative copy is
    
readily identifiable as authorized or unauthorized.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-106

    (810 ILCS 5/9-106) (from Ch. 26, par. 9-106)
    Sec. 9-106. Control of investment property.
    (a) Control under Section 8-106. A person has control of a certificated security, uncertificated security, or security entitlement as provided in Section 8-106.
    (b) Control of commodity contract. A secured party has control of a commodity contract if:
        (1) the secured party is the commodity intermediary
    
with which the commodity contract is carried; or
        (2) the commodity customer, secured party, and
    
commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract as directed by the secured party without further consent by the commodity customer.
    (c) Effect of control of securities account or commodity account. A secured party having control of all security entitlements or commodity contracts carried in a securities account or commodity account has control over the securities account or commodity account.
(Source: P.A. 90-665, eff. 7-30-98; 91-893, eff. 7-1-01.)

810 ILCS 5/9-107

    (810 ILCS 5/9-107) (from Ch. 26, par. 9-107)
    Sec. 9-107. Control of letter-of-credit right. A secured party has control of a letter-of-credit right to the extent of any right to payment or performance by the issuer or any nominated person if the issuer or nominated person has consented to an assignment of proceeds of the letter of credit under Section 5-114(c) or otherwise applicable law or practice.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-107.1

    (810 ILCS 5/9-107.1)
    Sec. 9-107.1. Control of Beneficial Interest in Illinois Land Trust.
    (a) Requirements for Control. A secured party has control of the beneficial interest in an Illinois land trust if:
        (1) the secured party shall have transmitted to the
    
trustee for the trust a record authenticated by the debtor that contains a collateral assignment by the debtor of, or the grant of a security interest in, a beneficial interest in the trust; and
        (2) in an authenticated record, the trustee for the
    
trust has accepted the collateral assignment or security agreement.
    (b) Debtor's right to direct disposition and proceeds. A secured party that has satisfied subsection (a) has control, even if the debtor retains, subject to the terms and conditions of the collateral assignment or security agreement, the power of direction of the trustee and the right to receive the rents, income and profits thereof.
(Source: P.A. 92-234, eff. 1-1-02.)

810 ILCS 5/9-108

    (810 ILCS 5/9-108) (from Ch. 26, par. 9-108)
    Sec. 9-108. Sufficiency of description.
    (a) Sufficiency of description. Except as otherwise provided in subsections (c), (d), and (e), a description of personal or real property is sufficient, whether or not it is specific, if it reasonably identifies what is described.
    (b) Examples of reasonable identification. Except as otherwise provided in subsection (d), a description of collateral reasonably identifies the collateral if it identifies the collateral by:
        (1) specific listing;
        (2) category;
        (3) except as otherwise provided in subsection (e), a
    
type of collateral defined in the Uniform Commercial Code;
        (4) quantity;
        (5) computational or allocational formula or
    
procedure; or
        (6) except as otherwise provided in subsection (c),
    
any other method, if the identity of the collateral is objectively determinable.
    (c) Supergeneric description not sufficient. A description of collateral as "all the debtor's assets" or "all the debtor's personal property" or using words of similar import does not reasonably identify the collateral.
    (d) Investment property. Except as otherwise provided in subsection (e), a description of a security entitlement, securities account, or commodity account is sufficient if it describes:
        (1) the collateral by those terms or as investment
    
property; or
        (2) the underlying financial asset or commodity
    
contract.
    (e) When description by type insufficient. A description only by type of collateral defined in the Uniform Commercial Code is an insufficient description of:
        (1) a commercial tort claim; or
        (2) in a consumer transaction, consumer goods, a
    
security entitlement, a securities account, or a commodity account.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/Art. 9 Pt. 1 Sub. 2

 
    (810 ILCS 5/Art. 9 Pt. 1 Sub. 2 heading)
SUBPART 2. APPLICABILITY OF ARTICLE

810 ILCS 5/9-109

    (810 ILCS 5/9-109) (from Ch. 26, par. 9-109)
    Sec. 9-109. Scope.
    (a) General scope of Article. Except as otherwise provided in subsections (c) and (d), this Article applies to:
        (1) a transaction, regardless of its form, that
    
creates a security interest in personal property or fixtures by contract;
        (2) an agricultural lien;
        (3) a sale of accounts, chattel paper, payment
    
intangibles, or promissory notes;
        (4) a consignment;
        (5) a security interest arising under Section 2-401,
    
2-505, 2-711(3), or 2A-508(5), as provided in Section 9-110; and
        (6) a security interest arising under Section 4-210
    
or 5-118.
    (b) Security interest in secured obligation. The application of this Article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this Article does not apply.
    (c) Extent to which Article does not apply. This Article does not apply to the extent that:
        (1) a statute, regulation, or treaty of the United
    
States preempts this Article;
        (2) another statute of this State expressly governs
    
the creation, perfection, priority, or enforcement of a security interest created by this State or a governmental unit of this State;
        (3) a statute of another State, a foreign country, or
    
a governmental unit of another State or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the State, country, or governmental unit;
        (4) the rights of a transferee beneficiary or
    
nominated person under a letter of credit are independent and superior under Section 5-114;
        (5) this Article is in conflict with Section 205-410
    
of the Department of Agriculture Law of the Civil Administrative Code of Illinois or the Grain Code; or
        (6) this Article is in conflict with Section 18-107
    
of the Public Utilities Act.
    (d) Inapplicability of Article. This Article does not apply to:
        (1) a landlord's lien;
        (2) a lien, other than an agricultural lien, given by
    
statute or other rule of law for services or materials, but Section 9-333 applies with respect to priority of the lien;
        (3) an assignment of a claim for wages, salary, or
    
other compensation of an employee;
        (4) a sale of accounts, chattel paper, payment
    
intangibles, or promissory notes as part of a sale of the business out of which they arose;
        (5) an assignment of accounts, chattel paper, payment
    
intangibles, or promissory notes which is for the purpose of collection only;
        (6) an assignment of a right to payment under a
    
contract to an assignee that is also obligated to perform under the contract;
        (7) an assignment of a single account, payment
    
intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;
        (8) a transfer of an interest in or an assignment of
    
a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but Sections 9-315 and 9-322 apply with respect to proceeds and priorities in proceeds;
        (9) an assignment of a right represented by a
    
judgment, other than a judgment taken on a right to payment that was collateral;
        (10) a right of recoupment or set-off, but:
            (A) Section 9-340 applies with respect to the
        
effectiveness of rights of recoupment or set-off against deposit accounts; and
            (B) Section 9-404 applies with respect to
        
defenses or claims of an account debtor;
        (11) the creation or transfer of an interest in or
    
lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:
            (A) liens on real property in Sections 9-203 and
        
9-308;
            (B) fixtures in Section 9-334;
            (C) fixture filings in Sections 9-501, 9-502,
        
9-512, 9-516, and 9-519; and
            (D) security agreements covering personal and
        
real property in Section 9-604;
        (12) an assignment of a claim arising in tort, other
    
than a commercial tort claim, but Sections 9-315 and 9-322 apply with respect to proceeds and priorities in proceeds;
        (13) a transfer by a government or governmental
    
subdivision or agency;
        (14) a claim or a right to receive compensation for
    
injuries or sickness as described in Section 104(a)(1) or (2) of Title 26 of the United States Code, as amended from time to time; or
        (15) a claim or right to receive benefits under a
    
special needs trust as described in Section 1396p(d)(4) of Title 42 of the United States Code, as amended from time to time.
(Source: P.A. 91-893, eff. 7-1-01; 92-819, eff. 8-21-02.)

810 ILCS 5/9-110

    (810 ILCS 5/9-110) (from Ch. 26, par. 9-110)
    Sec. 9-110. Security interests arising under Article 2 or 2A. A security interest arising under Section 2-401, 2-505, 2-711(3), or 2A-508(5) is subject to this Article. However, until the debtor obtains possession of the goods:
        (1) the security interest is enforceable, even if
    
Section 9-203(b)(3) has not been satisfied;
        (2) filing is not required to perfect the security
    
interest;
        (3) the rights of the secured party after default by
    
the debtor are governed by Article 2 or 2A; and
        (4) the security interest has priority over a
    
conflicting security interest created by the debtor.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-112

    (810 ILCS 5/9-112) (from Ch. 26, par. 9-112)
    Sec. 9-112. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-113

    (810 ILCS 5/9-113) (from Ch. 26, par. 9-113)
    Sec. 9-113. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-114

    (810 ILCS 5/9-114) (from Ch. 26, par. 9-114)
    Sec. 9-114. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-115

    (810 ILCS 5/9-115) (from Ch. 26, par. 9-115)
    Sec. 9-115. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-116

    (810 ILCS 5/9-116)
    Sec. 9-116. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-150

    (810 ILCS 5/9-150)
    Sec. 9-150. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/Art. 9 Pt. 2

 
    (810 ILCS 5/Art. 9 Pt. 2 heading)
PART 2. EFFECTIVENESS OF SECURITY AGREEMENT;
ATTACHMENT OF SECURITY INTEREST;
RIGHTS OF PARTIES TO SECURITY AGREEMENT

810 ILCS 5/Art. 9 Pt. 2 Sub. 1

 
    (810 ILCS 5/Art. 9 Pt. 2 Sub. 1 heading)
SUBPART 1. EFFECTIVENESS AND ATTACHMENT

810 ILCS 5/9-201

    (810 ILCS 5/9-201) (from Ch. 26, par. 9-201)
    Sec. 9-201. General effectiveness of security agreement.
    (a) General effectiveness. Except as otherwise provided in the Uniform Commercial Code, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.
    (b) Applicable consumer laws and other law. A transaction subject to this Article is subject to any applicable rule of law, statute, or regulation which establishes a different rule for consumers, including:
        (1) the Retail Installment Sales Act;
        (2) the Motor Vehicle Retail Installment Sales Act;
        (3) Article II of Chapter 3 of the Illinois Vehicle
    
Code;
        (4) Article IIIB of the Boat Registration and Safety
    
Act;
        (5) the Pawnbroker Regulation Act;
        (6) the Motor Vehicle Leasing Act;
        (7) the Consumer Installment Loan Act; and
        (8) the Consumer Deposit Security Act of 1987.
    (c) Other applicable law controls. In case of conflict between this Article and a rule of law, statute, or regulation described in subsection (b), the rule of law, statute, or regulation controls. Failure to comply with a rule of law, statute, or regulation described in subsection (b) has only the effect such rule of law, statute, or regulation specifies.
    (d) Further deference to other applicable law. This Article does not:
        (1) validate any rate, charge, agreement, or practice
    
that violates a rule of law, statute, or regulation described in subsection (b); or
        (2) extend the application of the rule of law,
    
statute, or regulation to a transaction not otherwise subject to it.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-202

    (810 ILCS 5/9-202) (from Ch. 26, par. 9-202)
    Sec. 9-202. Title to collateral immaterial. Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this Article with regard to rights and obligations apply whether title to collateral is in the secured party or the debtor.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-203

    (810 ILCS 5/9-203) (from Ch. 26, par. 9-203)
    Sec. 9-203. Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.
    (a) Attachment. A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment.
    (b) Enforceability. Except as otherwise provided in subsections (c) through (i), a security interest is enforceable against the debtor and third parties with respect to the collateral only if:
        (1) value has been given;
        (2) the debtor has rights in the collateral or the
    
power to transfer rights in the collateral to a secured party; and
        (3) one of the following conditions is met:
            (A) the debtor has authenticated a security
        
agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned;
            (B) the collateral is not a certificated security
        
and is in the possession of the secured party under Section 9-313 pursuant to the debtor's security agreement;
            (C) the collateral is a certificated security in
        
registered form and the security certificate has been delivered to the secured party under Section 8-301 pursuant to the debtor's security agreement; or
            (D) the collateral is deposit accounts,
        
electronic chattel paper, investment property, letter-of-credit rights, or electronic documents, and the secured party has control under Section 7-106, 9-104, 9-105, 9-106, or 9-107 pursuant to the debtor's security agreement.
    (c) Other UCC provisions. Subsection (b) is subject to Section 4-210 on the security interest of a collecting bank, Section 5-118 on the security interest of a letter-of-credit issuer or nominated person, Section 9-110 on a security interest arising under Article 2 or 2A, and Section 9-206 on security interests in investment property.
    (d) When person becomes bound by another person's security agreement. A person becomes bound as debtor by a security agreement entered into by another person if, by operation of law other than this Article or by contract:
        (1) the security agreement becomes effective to
    
create a security interest in the person's property; or
        (2) the person becomes generally obligated for the
    
obligations of the other person, including the obligation secured under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person.
    (e) Effect of new debtor becoming bound. If a new debtor becomes bound as debtor by a security agreement entered into by another person:
        (1) the agreement satisfies subsection (b)(3) with
    
respect to existing or after-acquired property of the new debtor to the extent the property is described in the agreement; and
        (2) another agreement is not necessary to make a
    
security interest in the property enforceable.
    (f) Proceeds and supporting obligations. The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by Section 9-315 and is also attachment of a security interest in a supporting obligation for the collateral.
    (g) Lien securing right to payment. The attachment of a security interest in a right to payment or performance secured by a security interest or other lien on personal or real property is also attachment of a security interest in the security interest, mortgage, or other lien.
    (h) Security entitlement carried in securities account. The attachment of a security interest in a securities account is also attachment of a security interest in the security entitlements carried in the securities account.
    (i) Commodity contracts carried in commodity account. The attachment of a security interest in a commodity account is also attachment of a security interest in the commodity contracts carried in the commodity account.
(Source: P.A. 95-895, eff. 1-1-09.)

810 ILCS 5/9-204

    (810 ILCS 5/9-204) (from Ch. 26, par. 9-204)
    Sec. 9-204. After-acquired property; future advances.
    (a) After-acquired collateral. Except as otherwise provided in subsection (b), a security agreement may create or provide for a security interest in after-acquired collateral.
    (b) When after-acquired property clause not effective. A security interest does not attach under a term constituting an after-acquired property clause to:
        (1) consumer goods, other than an accession when
    
given as additional security, unless the debtor acquires rights in them within 10 days after the secured party gives value; or
        (2) a commercial tort claim.
    (c) Future advances and other value. A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-205

    (810 ILCS 5/9-205) (from Ch. 26, par. 9-205)
    Sec. 9-205. Use or disposition of collateral permissible.
    (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.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-205.1

    (810 ILCS 5/9-205.1) (from Ch. 26, par. 9-205.1)
    Sec. 9-205.1. Listing by debtor of purchasers or receivers of collateral. A secured party may require that the debtor include as part of the security agreement a list of persons to whom the debtor desires to sell or otherwise dispose of the collateral. The debtor shall not sell or otherwise dispose of the collateral to a person not included in that list unless the debtor has notified the secured party of his desire to sell or otherwise dispose of the collateral to such person at least 7 days prior to the sale or other disposition.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-206

    (810 ILCS 5/9-206) (from Ch. 26, par. 9-206)
    Sec. 9-206. Security interest arising in purchase or delivery of financial asset.
    (a) Security interest when person buys through securities intermediary. A security interest in favor of a securities intermediary attaches to a person's security entitlement if:
        (1) the person buys a financial asset through the
    
securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary at the time of the purchase; and
        (2) the securities intermediary credits the financial
    
asset to the buyer's securities account before the buyer pays the securities intermediary.
    (b) Security interest secures obligation to pay for financial asset. The security interest described in subsection (a) secures the person's obligation to pay for the financial asset.
    (c) Security interest in payment against delivery transaction. A security interest in favor of a person that delivers a certificated security or other financial asset represented by a writing attaches to the security or other financial asset if:
        (1) the security or other financial asset:
            (A) in the ordinary course of business is
        
transferred by delivery with any necessary indorsement or assignment; and
            (B) is delivered under an agreement between
        
persons in the business of dealing with such securities or financial assets; and
        (2) the agreement calls for delivery against payment.
    (d) Security interest secures obligation to pay for delivery. The security interest described in subsection (c) secures the obligation to make payment for the delivery.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/Art. 9 Pt. 2 Sub. 2

 
    (810 ILCS 5/Art. 9 Pt. 2 Sub. 2 heading)
SUBPART 2. RIGHTS AND DUTIES

810 ILCS 5/9-207

    (810 ILCS 5/9-207) (from Ch. 26, par. 9-207)
    Sec. 9-207. Rights and duties of secured party having possession or control of collateral.
    (a) Duty of care when secured party in possession. Except as otherwise provided in subsection (d), a secured party shall use reasonable care in the custody and preservation of collateral in the secured party's possession. In the case of chattel paper or an instrument, reasonable care includes taking necessary steps to preserve rights against prior parties unless otherwise agreed.
    (b) Expenses, risks, duties, and rights when secured party in possession. Except as otherwise provided in subsection (d), if a secured party has possession of collateral:
        (1) reasonable expenses, including the cost of
    
insurance and payment of taxes or other charges, incurred in the custody, preservation, use, or operation of the collateral are chargeable to the debtor and are secured by the collateral;
        (2) the risk of accidental loss or damage is on the
    
debtor to the extent of a deficiency in any effective insurance coverage;
        (3) the secured party shall keep the collateral
    
identifiable, but fungible collateral may be commingled; and
        (4) the secured party may use or operate the
    
collateral:
            (A) for the purpose of preserving the collateral
        
or its value;
            (B) as permitted by an order of a court having
        
competent jurisdiction; or
            (C) except in the case of consumer goods, in the
        
manner and to the extent agreed by the debtor.
    (c) Duties and rights when secured party in possession or control. Except as otherwise provided in subsection (d), a secured party having possession of collateral or control of collateral under Section 7-106, 9-104, 9-105, 9-106, or 9-107:
        (1) may hold as additional security any proceeds,
    
except money or funds, received from the collateral;
        (2) shall apply money or funds received from the
    
collateral to reduce the secured obligation, unless remitted to the debtor; and
        (3) may create a security interest in the collateral.
    (d) Buyer of certain rights to payment. If the secured party is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor:
        (1) subsection (a) does not apply unless the secured
    
party is entitled under an agreement:
            (A) to charge back uncollected collateral; or
            (B) otherwise to full or limited recourse against
        
the debtor or a secondary obligor based on the nonpayment or other default of an account debtor or other obligor on the collateral; and
        (2) subsections (b) and (c) do not apply.
(Source: P.A. 95-895, eff. 1-1-09.)

810 ILCS 5/9-208

    (810 ILCS 5/9-208) (from Ch. 26, par. 9-208)
    Sec. 9-208. Additional duties of secured party having control of collateral.
    (a) Applicability of Section. This Section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value.
    (b) Duties of secured party after receiving demand from debtor. Within 10 days after receiving an authenticated demand by the debtor:
        (1) a secured party having control of a deposit
    
account under Section 9-104(a)(2) shall send to the bank with which the deposit account is maintained an authenticated statement that releases the bank from any further obligation to comply with instructions originated by the secured party;
        (2) a secured party having control of a deposit
    
account under Section 9-104(a)(3) shall:
            (A) pay the debtor the balance on deposit in the
        
deposit account; or
            (B) transfer the balance on deposit into a
        
deposit account in the debtor's name;
        (3) a secured party, other than a buyer, having
    
control of electronic chattel paper under Section 9-105 shall:
            (A) communicate the authoritative copy of the
        
electronic chattel paper to the debtor or its designated custodian;
            (B) if the debtor designates a custodian that is
        
the designated custodian with which the authoritative copy of the electronic chattel paper is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and
            (C) take appropriate action to enable the debtor
        
or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party;
        (4) a secured party having control of investment
    
property under Section 8-106(d)(2) or 9-106(b) shall send to the securities intermediary or commodity intermediary with which the security entitlement or commodity contract is maintained an authenticated record that releases the securities intermediary or commodity intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party;
        (5) a secured party having control of a
    
letter-of-credit right under Section 9-107 shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to the secured party an authenticated release from any further obligation to pay or deliver proceeds of the letter of credit to the secured party; and
        (6) a secured party having control of an electronic
    
document shall:
            (A) give control of the electronic document to
        
the debtor or its designated custodian;
            (B) if the debtor designates a custodian that is
        
the designated custodian with which the authoritative copy of the electronic document is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and
            (C) take appropriate action to enable the debtor
        
or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party.
(Source: P.A. 95-895, eff. 1-1-09.)

810 ILCS 5/9-209

    (810 ILCS 5/9-209)
    Sec. 9-209. Duties of secured party if account debtor has been notified of assignment.
    (a) Applicability of Section. Except as otherwise provided in subsection (c), this Section applies if:
        (1) there is no outstanding secured obligation; and
        (2) the secured party is not committed to make
    
advances, incur obligations, or otherwise give value.
    (b) Duties of secured party after receiving demand from debtor. Within 10 days after receiving an authenticated demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to the secured party as assignee under Section 9-406(a) an authenticated record that releases the account debtor from any further obligation to the secured party.
    (c) Inapplicability to sales. This Section does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-210

    (810 ILCS 5/9-210)
    Sec. 9-210. Request for accounting; request regarding list of collateral or statement of account.
    (a) Definitions. In this Section:
        (1) "Request" means a record of a type described in
    
paragraph (2), (3), or (4).
        (2) "Request for an accounting" means a record
    
authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request.
        (3) "Request regarding a list of collateral" means a
    
record authenticated by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request.
        (4) "Request regarding a statement of account" means
    
a record authenticated by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request.
    (b) Duty to respond to requests. Subject to subsections (c), (d), (e), and (f), a secured party, other than a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, shall comply with a request within 14 days after receipt:
        (1) in the case of a request for an accounting, by
    
authenticating and sending to the debtor an accounting; and
        (2) in the case of a request regarding a list of
    
collateral or a request regarding a statement of account, by authenticating and sending to the debtor an approval or correction.
    (c) Request regarding list of collateral; statement concerning type of collateral. A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply with a request regarding a list of collateral by sending to the debtor an authenticated record including a statement to that effect within 14 days after receipt.
    (d) Request regarding list of collateral; no interest claimed. A person that receives a request regarding a list of collateral, claims no interest in the collateral when it receives the request, and claimed an interest in the collateral at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record:
        (1) disclaiming any interest in the collateral; and
        (2) if known to the recipient, providing the name and
    
mailing address of any assignee of or successor to the recipient's interest in the collateral.
    (e) Request for accounting or regarding statement of account; no interest in obligation claimed. A person that receives a request for an accounting or a request regarding a statement of account, claims no interest in the obligations when it receives the request, and claimed an interest in the obligations at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record:
        (1) disclaiming any interest in the obligations; and
        (2) if known to the recipient, providing the name and
    
mailing address of any assignee of or successor to the recipient's interest in the obligations.
    (f) Charges for responses. A debtor is entitled without charge to one response to a request under this Section during any six-month period. The secured party may require payment of a charge not exceeding $25 for each additional response.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/Art. 9 Pt. 3

 
    (810 ILCS 5/Art. 9 Pt. 3 heading)
PART 3. PERFECTION AND PRIORITY

810 ILCS 5/Art. 9 Pt. 3 Sub. 1

 
    (810 ILCS 5/Art. 9 Pt. 3 Sub. 1 heading)
SUBPART 1. LAW GOVERNING PERFECTION AND PRIORITY

810 ILCS 5/9-301

    (810 ILCS 5/9-301) (from Ch. 26, par. 9-301)
    Sec. 9-301. Law governing perfection and priority of security interests. Except as otherwise provided in Sections 9-303 through 9-306.1, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:
        (1) Except as otherwise provided in this Section,
    
while a debtor 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 collateral.
        (2) While collateral is located in a jurisdiction,
    
the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory security interest in that collateral.
        (3) Except as otherwise provided in paragraph (4),
    
while tangible negotiable documents, goods, instruments, money, or tangible chattel paper is located in a jurisdiction, the local law of that jurisdiction governs:
            (A) perfection of a security interest in the
        
goods by filing a fixture filing;
            (B) perfection of a security interest in timber
        
to be cut; and
            (C) the effect of perfection or nonperfection and
        
the priority of a nonpossessory security interest in the collateral.
        (4) The local law of the jurisdiction in which the
    
wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral.
(Source: P.A. 95-895, eff. 1-1-09.)

810 ILCS 5/9-302

    (810 ILCS 5/9-302) (from Ch. 26, par. 9-302)
    Sec. 9-302. Law governing perfection and priority of agricultural liens. While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products.
(Source: P.A. 90-665, eff. 7-30-98; 91-893, eff. 7-1-01.)

810 ILCS 5/9-303

    (810 ILCS 5/9-303) (from Ch. 26, par. 9-303)
    Sec. 9-303. Law governing perfection and priority of security interests in goods covered by a certificate of title.
    (a) Applicability of Section. This Section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor.
    (b) When goods covered by certificate of title. Goods become covered by a certificate of title when a valid application for the certificate of title and the applicable fee are delivered to the appropriate authority. Goods cease to be covered by a certificate of title at the earlier of the time the certificate of title ceases to be effective under the law of the issuing jurisdiction or the time the goods become covered subsequently by a certificate of title issued by another jurisdiction.
    (c) Applicable law. The local law of the jurisdiction under whose certificate of title the goods are covered governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in goods covered by a certificate of title from the time the goods become covered by the certificate of title until the goods cease to be covered by the certificate of title.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-304

    (810 ILCS 5/9-304) (from Ch. 26, par. 9-304)
    Sec. 9-304. Law governing perfection and priority of security interests in deposit accounts.
    (a) Law of bank's jurisdiction governs. The local law of a bank's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that bank.
    (b) Bank's jurisdiction. The following rules determine a bank's jurisdiction for purposes of this Part:
        (1) If an agreement between the bank and the debtor
    
governing the deposit account expressly provides that a particular jurisdiction is the bank's jurisdiction for purposes of this Part, this Article, or the Uniform Commercial Code, that jurisdiction is the bank's jurisdiction.
        (2) If paragraph (1) does not apply and an agreement
    
between the bank and its customer governing the deposit account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the bank's jurisdiction.
        (3) If neither paragraph (1) nor paragraph (2)
    
applies and an agreement between the bank and its customer governing the deposit account expressly provides that the deposit account is maintained at an office in a particular jurisdiction, that jurisdiction is the bank's jurisdiction.
        (4) If none of the preceding paragraphs applies, the
    
bank's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the customer's account is located.
        (5) If none of the preceding paragraphs applies, the
    
bank's jurisdiction is the jurisdiction in which the chief executive office of the bank is located.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-305

    (810 ILCS 5/9-305) (from Ch. 26, par. 9-305)
    Sec. 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:
        (1) While 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.
        (2) The 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.
        (3) The 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.
        (4) The 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.
    (b) Commodity intermediary's jurisdiction. The following rules determine a commodity intermediary's jurisdiction for purposes of this Part:
        (1) If 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 the Uniform Commercial Code, that jurisdiction is the commodity intermediary's jurisdiction.
        (2) If 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.
        (3) If 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.
        (4) If 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.
        (5) If 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:
        (1) perfection of a security interest in investment
    
property by filing;
        (2) automatic perfection of a security interest in
    
investment property created by a broker or securities intermediary; and
        (3) automatic perfection of a security interest in a
    
commodity contract or commodity account created by a commodity intermediary.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-306

    (810 ILCS 5/9-306) (from Ch. 26, par. 9-306)
    Sec. 9-306. Law governing perfection and priority of security interests in letter-of-credit rights.
    (a) Governing law: issuer's or nominated person's jurisdiction. Subject to subsection (c), the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a letter-of-credit right if the issuer's jurisdiction or nominated person's jurisdiction is a State.
    (b) Issuer's or nominated person's jurisdiction. For purposes of this Part, an issuer's jurisdiction or nominated person's jurisdiction is the jurisdiction whose law governs the liability of the issuer or nominated person with respect to the letter-of-credit right as provided in Section 5-116.
    (c) When Section not applicable. This Section does not apply to a security interest that is perfected only under Section 9-308(d).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-306.01

    (810 ILCS 5/9-306.01) (from Ch. 26, par. 9-306.01)
    Sec. 9-306.01. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-306.02

    (810 ILCS 5/9-306.02) (from Ch. 26, par. 9-306.02)
    Sec. 9-306.02. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-306.1

    (810 ILCS 5/9-306.1)
    Sec. 9-306.1. Law Governing Perfection and Priority of Collateral Assignments of Beneficial Interests in Illinois Land Trusts. The local law of the State of Illinois governs perfection, the effect of perfection or nonperfection, and the priority of a collateral assignment of, or other security interest in, a beneficial interest in an Illinois land trust. This Section implements the important interest of this State in matters associated with the administration of Illinois land trusts created for the principal purpose of owning an interest in Illinois land and the regulation of restrictions on the transfer of beneficial interests in, and of the power of appointments under, such trusts.
(Source: P.A. 92-234, eff. 1-1-02.)

810 ILCS 5/9-307

    (810 ILCS 5/9-307) (from Ch. 26, par. 9-307)
    Sec. 9-307. Location of debtor.
    (a) "Place of business." In this Section, "place of business" means a place where a debtor conducts its affairs.
    (b) Debtor's location: general rules. Except as otherwise provided in this Section, the following rules determine a debtor's location:
        (1) A debtor who is an individual is located at the
    
individual's principal residence.
        (2) A debtor that is an organization and has only one
    
place of business is located at its place of business.
        (3) A debtor that is an organization and has more
    
than one place of business is located at its chief executive office.
    (c) Limitation of applicability of subsection (b). Subsection (b) applies only if a debtor's residence, place of business, or chief executive office, as applicable, is located in a jurisdiction whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording, or registration system as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection (b) does not apply, the debtor is located in the District of Columbia.
    (d) Continuation of location: cessation of existence, etc. A person that ceases to exist, have a residence, or have a place of business continues to be located in the jurisdiction specified by subsections (b) and (c).
    (e) Location of registered organization organized under State law. A registered organization that is organized under the law of a State is located in that State.
    (f) Location of registered organization organized under federal law; bank branches and agencies. Except as otherwise provided in subsection (i), a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a State are located:
        (1) in the State that the law of the United States
    
designates, if the law designates a State of location;
        (2) in the State that the registered organization,
    
branch, or agency designates, if the law of the United States authorizes the registered organization, branch, or agency to designate its State of location, including by designating its main office, home office, or other comparable office; or
        (3) in the District of Columbia, if neither paragraph
    
(1) nor paragraph (2) applies.
    (g) Continuation of location: change in status of registered organization. A registered organization continues to be located in the jurisdiction specified by subsection (e) or (f) notwithstanding:
        (1) the suspension, revocation, forfeiture, or lapse
    
of the registered organization's status as such in its jurisdiction of organization; or
        (2) the dissolution, winding up, or cancellation of
    
the existence of the registered organization.
    (h) Location of United States. The United States is located in the District of Columbia.
    (i) Location of foreign bank branch or agency if licensed in only one State. A branch or agency of a bank that is not organized under the law of the United States or a State is located in the State in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one State.
    (j) Location of foreign air carrier. A foreign air carrier under the Federal Aviation Act of 1958, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier.
    (k) Section applies only to this Part. This Section applies only for purposes of this Part.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-307.1

    (810 ILCS 5/9-307.1) (from Ch. 26, par. 9-307.1)
    Sec. 9-307.1. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-307.2

    (810 ILCS 5/9-307.2) (from Ch. 26, par. 9-307.2)
    Sec. 9-307.2. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/Art. 9 Pt. 3 Sub. 2

 
    (810 ILCS 5/Art. 9 Pt. 3 Sub. 2 heading)
SUBPART 2. PERFECTION

810 ILCS 5/9-308

    (810 ILCS 5/9-308) (from Ch. 26, par. 9-308)
    Sec. 9-308. When security interest or agricultural lien is perfected; continuity of perfection.
    (a) Perfection of security interest. Except as otherwise provided in this Section and Section 9-309, a security interest is perfected if it has attached and all of the applicable requirements for perfection in Sections 9-310 through 9-316 have been satisfied. A security interest is perfected when it attaches if the applicable requirements are satisfied before the security interest attaches.
    (b) Perfection of agricultural lien. An agricultural lien is perfected if it has become effective and all of the applicable requirements for perfection in Section 9-310 have been satisfied. An agricultural lien is perfected when it becomes effective if the applicable requirements are satisfied before the agricultural lien becomes effective.
    (c) Continuous perfection; perfection by different methods. A security interest or agricultural lien is perfected continuously if it is originally perfected by one method under this Article and is later perfected by another method under this Article, without an intermediate period when it was unperfected.
    (d) Supporting obligation. Perfection of a security interest in collateral also perfects a security interest in a supporting obligation for the collateral.
    (e) Lien securing right to payment. Perfection of a security interest in a right to payment or performance also perfects a security interest in a security interest, mortgage, or other lien on personal or real property securing the right.
    (f) Security entitlement carried in securities account. Perfection of a security interest in a securities account also perfects a security interest in the security entitlements carried in the securities account.
    (g) Commodity contract carried in commodity account. Perfection of a security interest in a commodity account also perfects a security interest in the commodity contracts carried in the commodity account.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-309

    (810 ILCS 5/9-309) (from Ch. 26, par. 9-309)
    Sec. 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 9-311(b) with respect to consumer goods that are subject to a statute or treaty described in Section 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 2-401,
    
2-505, 2-711(3), or 2A-508(5), until the debtor obtains possession of the collateral;
        (7) a security interest of a collecting bank arising
    
under Section 4-210;
        (8) a security interest of an issuer or nominated
    
person arising under Section 5-118;
        (9) a security interest arising in the delivery of a
    
financial asset under Section 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.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-310

    (810 ILCS 5/9-310) (from Ch. 26, par. 9-310)
    Sec. 9-310. When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.
    (a) General rule: perfection by filing. Except as otherwise provided in subsection (b) and Section 9-312(b), a financing statement must be filed to perfect all security interests and agricultural liens.
    (b) Exceptions: filing not necessary. The filing of a financing statement is not necessary to perfect a security interest:
        (1) that is perfected under Section 9-308(d), (e),
    
(f), or (g);
        (2) that is perfected under Section 9-309 when it
    
attaches;
        (3) in property subject to a statute, regulation, or
    
treaty described in Section 9-311(a);
        (4) in goods in possession of a bailee which is
    
perfected under Section 9-312(d)(1) or (2);
        (5) in certificated securities, documents, goods, or
    
instruments which is perfected without filing, control, or possession under Section 9-312(e), (f), or (g);
        (6) in collateral in the secured party's possession
    
under Section 9-313;
        (7) in a certificated security which is perfected by
    
delivery of the security certificate to the secured party under Section 9-313;
        (8) in deposit accounts, electronic chattel paper,
    
electronic documents, investment property, letter-of-credit rights, or beneficial interests in Illinois land trusts which is perfected by control under Section 9-314;
        (9) in proceeds which is perfected under Section
    
9-315; or
        (10) that is perfected under Section 9-316.
    (c) Assignment of perfected security interest. If a secured party assigns a perfected security interest or agricultural lien, a filing under this Article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
(Source: P.A. 95-895, eff. 1-1-09.)

810 ILCS 5/9-311

    (810 ILCS 5/9-311) (from Ch. 26, par. 9-311)
    Sec. 9-311. Perfection of security interests in property subject to certain statutes, regulations, and treaties.
    (a) Security interest subject to other law. Except as otherwise provided in subsection (d), the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:
        (1) a statute, regulation, or treaty of the United
    
States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt Section 9-310(a);
        (2) the Illinois Vehicle Code or the Boat
    
Registration and Safety Act; or
        (3) a statute of another jurisdiction which provides
    
for a security interest to be indicated on a certificate of title as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the property.
    (b) Compliance with other law. Compliance with the requirements of a statute, regulation, or treaty described in subsection (a) for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this Article. Except as otherwise provided in subsection (d) and Sections 9-313 and 9-316(d) and (e) for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subsection (a) may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.
    (c) Duration and renewal of perfection. Except as otherwise provided in subsection (d) and Section 9-316(d) and (e), duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation, or treaty described in subsection (a) are governed by the statute, regulation, or treaty. In other respects, the security interest is subject to this Article.
    (d) Inapplicability to certain inventory. During any period in which collateral subject to a statute specified in subsection (a)(2) is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling or leasing goods of that kind, this Section does not apply to a security interest in that collateral created by that person as debtor.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-312

    (810 ILCS 5/9-312) (from Ch. 26, par. 9-312)
    Sec. 9-312. Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without filing or transfer of possession.
    (a) Perfection by filing permitted. A security interest in chattel paper, negotiable documents, instruments, beneficial interests in Illinois land trusts, or investment property may be perfected by filing.
    (b) Control or possession of certain collateral. Except as otherwise provided in Section 9-315(c) and (d) for proceeds:
        (1) a security interest in a deposit account may be
    
perfected only by control under Section 9-314;
        (2) and except as otherwise provided in Section
    
9-308(d), a security interest in a letter-of-credit right may be perfected only by control under Section 9-314; and
        (3) a security interest in money may be perfected
    
only by the secured party's taking possession under Section 9-313.
    (c) Goods covered by negotiable document. While goods are in the possession of a bailee that has issued a negotiable document covering the goods:
        (1) a security interest in the goods may be perfected
    
by perfecting a security interest in the document; and
        (2) a security interest perfected in the document has
    
priority over any security interest that becomes perfected in the goods by another method during that time.
    (d) Goods covered by nonnegotiable document. While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by:
        (1) issuance of a document in the name of the secured
    
party;
        (2) the bailee's receipt of notification of the
    
secured party's interest; or
        (3) filing as to the goods.
    (e) Temporary perfection: new value. A security interest in certificated securities, negotiable documents, or instruments is perfected without filing or the taking of possession or control for a period of 20 days from the time it attaches to the extent that it arises for new value given under an authenticated security agreement.
    (f) Temporary perfection: goods or documents made available to debtor. A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for 20 days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of:
        (1) ultimate sale or exchange; or
        (2) loading, unloading, storing, shipping,
    
transshipping, manufacturing, processing, or otherwise dealing with them in a manner preliminary to their sale or exchange.
    (g) Temporary perfection: delivery of security certificate or instrument to debtor. A perfected security interest in a certificated security or instrument remains perfected for 20 days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of:
        (1) ultimate sale or exchange; or
        (2) presentation, collection, enforcement, renewal,
    
or registration of transfer.
    (h) Expiration of temporary perfection. After the 20-day period specified in subsection (e), (f), or (g) expires, perfection depends upon compliance with this Article.
(Source: P.A. 95-895, eff. 1-1-09.)

810 ILCS 5/9-313

    (810 ILCS 5/9-313) (from Ch. 26, par. 9-313)
    Sec. 9-313. When possession by or delivery to secured party perfects security interest without filing.
    (a) Perfection by possession or delivery. Except as otherwise provided in subsection (b), a secured party may perfect a security interest in tangible negotiable documents, goods, instruments, money, or tangible chattel paper by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under Section 8-301.
    (b) Goods covered by certificate of title. With respect to goods covered by a certificate of title issued by this State, a secured party may perfect a security interest in the goods by taking possession of the goods only in the circumstances described in Section 9-316(d).
    (c) Collateral in possession of person other than debtor. With respect to collateral other than certificated securities and goods covered by a document, a secured party takes possession of collateral in the possession of a person other than the debtor, the secured party, or a lessee of the collateral from the debtor in the ordinary course of the debtor's business, when:
        (1) the person in possession authenticates a record
    
acknowledging that it holds possession of the collateral for the secured party's benefit; or
        (2) the person takes possession of the collateral
    
after having authenticated a record acknowledging that it will hold possession of collateral for the secured party's benefit.
    (d) Time of perfection by possession; continuation of perfection. If perfection of a security interest depends upon possession of the collateral by a secured party, perfection occurs no earlier than the time the secured party takes possession and continues only while the secured party retains possession.
    (e) Time of perfection by delivery; continuation of perfection. A security interest in a certificated security in registered form is perfected by delivery when delivery of the certificated security occurs under Section 8-301 and remains perfected by delivery until the debtor obtains possession of the security certificate.
    (f) Acknowledgment not required. A person in possession of collateral is not required to acknowledge that it holds possession for a secured party's benefit.
    (g) Effectiveness of acknowledgment; no duties or confirmation. If a person acknowledges that it holds possession for the secured party's benefit:
        (1) the acknowledgment is effective under subsection
    
(c) or Section 8-301(a), even if the acknowledgment violates the rights of a debtor; and
        (2) unless the person otherwise agrees or law other
    
than this Article otherwise provides, the person does not owe any duty to the secured party and is not required to confirm the acknowledgment to another person.
    (h) Secured party's delivery to person other than debtor. A secured party having possession of collateral does not relinquish possession by delivering the collateral to a person other than the debtor or a lessee of the collateral from the debtor in the ordinary course of the debtor's business if the person was instructed before the delivery or is instructed contemporaneously with the delivery:
        (1) to hold possession of the collateral for the
    
secured party's benefit; or
        (2) to redeliver the collateral to the secured party.
    (i) Effect of delivery under subsection (h); no duties or confirmation. A secured party does not relinquish possession, even if a delivery under subsection (h) violates the rights of a debtor. A person to which collateral is delivered under subsection (h) does not owe any duty to the secured party and is not required to confirm the delivery to another person unless the person otherwise agrees or law other than this Article otherwise provides.
(Source: P.A. 95-895, eff. 1-1-09.)

810 ILCS 5/9-314

    (810 ILCS 5/9-314) (from Ch. 26, par. 9-314)
    Sec. 9-314. Perfection by control.
    (a) Perfection by control. A security interest in investment property, deposit accounts, electronic chattel paper, letter-of-credit rights, electronic documents, or beneficial interests in Illinois land trusts may be perfected by control of the collateral under Section 7-106, 9-104, 9-105, 9-106, 9-107, or 9-107.1.
    (b) Specified collateral: time of perfection by control; continuation of perfection. A security interest in deposit accounts, electronic chattel paper, letter-of-credit rights, electronic documents, or beneficial interests in Illinois land trusts is perfected by control under Section 7-106, 9-104, 9-105, 9-107, or 9-107.1 when the secured party obtains control and remains perfected by control only while the secured party retains control.
    (c) Investment property: time of perfection by control; continuation of perfection. A security interest in investment property is perfected by control under Section 9-106 from the time the secured party obtains control and remains perfected by control until:
        (1) the secured party does not have control; and
        (2) one of the following occurs:
            (A) if the collateral is a certificated security,
        
the debtor has or acquires possession of the security certificate;
            (B) if the collateral is an uncertificated
        
security, the issuer has registered or registers the debtor as the registered owner; or
            (C) if the collateral is a security entitlement,
        
the debtor is or becomes the entitlement holder.
(Source: P.A. 95-895, eff. 1-1-09.)

810 ILCS 5/9-315

    (810 ILCS 5/9-315) (from Ch. 26, par. 9-315)
    Sec. 9-315. Secured party's rights on disposition of collateral and in proceeds.
    (a) Disposition of collateral: continuation of security interest or agricultural lien; proceeds. Except as otherwise provided in this Article and in Section 2-403(2):
        (1) a security interest or agricultural lien
    
continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and
        (2) a security interest attaches to any identifiable
    
proceeds of collateral.
    (b) When commingled proceeds identifiable. Proceeds that are commingled with other property are identifiable proceeds:
        (1) if the proceeds are goods, to the extent provided
    
by Section 9-336; and
        (2) if the proceeds are not goods, to the extent that
    
the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this Article with respect to commingled property of the type involved.
    (c) Perfection of security interest in proceeds. A security interest in proceeds is a perfected security interest if the security interest in the original collateral was perfected.
    (d) Continuation of perfection. A perfected security interest in proceeds becomes unperfected on the 21st day after the security interest attaches to the proceeds unless:
        (1) the following conditions are satisfied:
            (A) a filed financing statement covers the
        
original collateral;
            (B) the proceeds are collateral in which a
        
security interest may be perfected by filing in the office in which the financing statement has been filed; and
            (C) the proceeds are not acquired with cash
        
proceeds;
        (2) the proceeds are identifiable cash proceeds; or
        (3) the security interest in the proceeds is
    
perfected other than under subsection (c) when the security interest attaches to the proceeds or within 20 days thereafter.
    (e) When perfected security interest in proceeds becomes unperfected. If a filed financing statement covers the original collateral, a security interest in proceeds which remains perfected under subsection (d)(1) becomes unperfected at the later of:
        (1) when the effectiveness of the filed financing
    
statement lapses under Section 9-515 or is terminated under Section 9-513; or
        (2) the 21st day after the security interest attaches
    
to the proceeds.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-315.01

    (810 ILCS 5/9-315.01)
    Sec. 9-315.01. Debtor disposing of collateral and failing to pay secured party amount due under security agreement; penalties for violation.
    (1) It is unlawful for a debtor under the terms of a security agreement (a) who has no right of sale or other disposition of the collateral or (b) who has a right of sale or other disposition of the collateral and is to account to the secured party for the proceeds of any sale or other disposition of the collateral, to sell or otherwise dispose of the collateral and willfully and wrongfully to fail to pay the secured party the amount of said proceeds due under the security agreement. Failure to pay such proceeds to the secured party within 10 days after the sale or other disposition of the collateral is prima facie evidence of a willful and wanton failure to pay.
    (2) An individual convicted of a violation of this Section shall be guilty of a Class 3 felony.
    (3) A corporation convicted of a violation of this Section shall be guilty of a business offense and shall be fined not less than $2,000 nor more than $10,000.
    (4) In the event the debtor under the terms of a security agreement is a corporation or a partnership, any officer, director, manager, or managerial agent of the debtor who violates this Section or causes the debtor to violate this Section shall be guilty of a Class 3 felony.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-315.02

    (810 ILCS 5/9-315.02)
    Sec. 9-315.02. Disposal of collateral by debtor to persons other than those previously disclosed to secured party - penalties for violation - defense.
    (1) Where, pursuant to Section 9-205.1, a secured party has required that before the debtor sells or otherwise disposes of collateral in the debtor's possession he disclose to the secured party the persons to whom he desires to sell or otherwise dispose of such collateral, it is unlawful for the debtor to sell or otherwise dispose of the collateral to a person other than a person so disclosed to the secured party.
    (2) An individual convicted of a violation of this Section shall be guilty of a Class A misdemeanor.
    (3) A corporation convicted of a violation of this Section shall be guilty of a business offense and shall be fined not less than $2,000 nor more than $10,000.
    (4) In the event the debtor under the terms of a security agreement is a corporation or a partnership, any officer, director, manager, or managerial agent of the debtor who violates this Section or causes the debtor to violate this Section shall be guilty of a Class A misdemeanor.
    (5) It is an affirmative defense to a prosecution for the violation of this Section that the debtor has paid to the secured party the proceeds from the sale or other disposition of the collateral within 10 days after such sale or disposition.
(Source: P.A. 91-893, eff. 7-1-01; 92-16, eff. 6-28-01.)

810 ILCS 5/9-316

    (810 ILCS 5/9-316) (from Ch. 26, par. 9-316)
    Sec. 9-316. Effect of change in governing law.
    (a) General rule: effect on perfection of change in governing law. A security interest perfected pursuant to the law of the jurisdiction designated in Section 9-301(1) or 9-305(c) remains perfected until the earliest of:
        (1) the time perfection would have ceased under the
    
law of that jurisdiction;
        (2) the expiration of four months after a change of
    
the debtor's location to another jurisdiction; or
        (3) the expiration of one year after a transfer of
    
collateral to a person that thereby becomes a debtor and is located in another jurisdiction.
    (b) Security interest perfected or unperfected under law of new jurisdiction. If a security interest described in subsection (a) becomes perfected under the law of the other jurisdiction before the earliest time or event described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earliest time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
    (c) Possessory security interest in collateral moved to new jurisdiction. A possessory security interest in collateral, other than goods covered by a certificate of title and as-extracted collateral consisting of goods, remains continuously perfected if:
        (1) the collateral is located in one jurisdiction and
    
subject to a security interest perfected under the law of that jurisdiction;
        (2) thereafter the collateral is brought into another
    
jurisdiction; and
        (3) upon entry into the other jurisdiction, the
    
security interest is perfected under the law of the other jurisdiction.
    (d) Goods covered by certificate of title from this State. Except as otherwise provided in subsection (e), a security interest in goods covered by a certificate of title which is perfected by any method under the law of another jurisdiction when the goods become covered by a certificate of title from this State remains perfected until the security interest would have become unperfected under the law of the other jurisdiction had the goods not become so covered.
    (e) When subsection (d) security interest becomes unperfected against purchasers. A security interest described in subsection (d) becomes unperfected as against a purchaser of the goods for value and is deemed never to have been perfected as against a purchaser of the goods for value if the applicable requirements for perfection under Section 9-311(b) or 9-313 are not satisfied before the earlier of:
        (1) the time the security interest would have become
    
unperfected under the law of the other jurisdiction had the goods not become covered by a certificate of title from this State; or
        (2) the expiration of four months after the goods had
    
become so covered.
    (f) Change in jurisdiction of bank, issuer, nominated person, securities intermediary, or commodity intermediary. A security interest in deposit accounts, letter-of-credit rights, or investment property which is perfected under the law of the bank's jurisdiction, the issuer's jurisdiction, a nominated person's jurisdiction, the securities intermediary's jurisdiction, or the commodity intermediary's jurisdiction, as applicable, remains perfected until the earlier of:
        (1) the time the security interest would have become
    
unperfected under the law of that jurisdiction; or
        (2) the expiration of four months after a change of
    
the applicable jurisdiction to another jurisdiction.
    (g) Subsection (f) security interest perfected or unperfected under law of new jurisdiction. If a security interest described in subsection (f) becomes perfected under the law of the other jurisdiction before the earlier of the time or the end of the period described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier of that time or the end of that period, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
    (h) Effect on filed financing statement of change in governing law. The following rules apply to collateral to which a security interest attaches within four months after the debtor changes its location to another jurisdiction:
        (1) A financing statement filed before the change
    
pursuant to the law of the jurisdiction designated in Section 9-301(1) or 9-305(c) is effective to perfect a security interest in the collateral if the financing statement would have been effective to perfect a security interest in the collateral had the debtor not changed its location.
        (2) If a security interest perfected by a financing
    
statement that is effective under paragraph (1) becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in Section 9-301(1) or 9-305(c) or the expiration of the four-month period, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
    (i) Effect of change in governing law on financing statement filed against original debtor. If a financing statement naming an original debtor is filed pursuant to the law of the jurisdiction designated in Section 9-301(1) or 9-305(c) and the new debtor is located in another jurisdiction, the following rules apply:
        (1) The financing statement is effective to perfect
    
a security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under Section 9-203(d), if the financing statement would have been effective to perfect a security interest in the collateral had the collateral been acquired by the original debtor.
        (2) A security interest perfected by the financing
    
statement and which becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in Section 9-301(1) or 9-305(c) or the expiration of the four-month period remains perfected thereafter. A security interest that is perfected by the financing statement but which does not become perfected under the law of the other jurisdiction before the earlier time or event becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/Art. 9 Pt. 3 Sub. 3

 
    (810 ILCS 5/Art. 9 Pt. 3 Sub. 3 heading)
SUBPART 3. PRIORITY

810 ILCS 5/9-317

    (810 ILCS 5/9-317) (from Ch. 26, par. 9-317)
    Sec. 9-317. Interests that take priority over or take free of security interest or agricultural lien.
    (a) Conflicting security interests and rights of lien creditors. A security interest or agricultural lien is subordinate to the rights of:
        (1) a person entitled to priority under Section
    
9-322; and
        (2) except as otherwise provided in subsection (e) or
    
(f), a person that becomes a lien creditor before the earlier of the time:
            (A) the security interest or agricultural lien is
        
perfected; or
            (B) one of the conditions specified in Section
        
9-203(b)(3) is met and a financing statement covering the collateral is filed.
    (b) Buyers that receive delivery. Except as otherwise provided in subsection (e), a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
    (c) Lessees that receive delivery. Except as otherwise provided in subsection (e), a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
    (d) Licensees and buyers of certain collateral. A licensee of a general intangible or a buyer, other than a secured party, of collateral other than tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.
    (e) Purchase-money security interest. Except as otherwise provided in Sections 9-320 and 9-321, if a person files a financing statement with respect to a purchase-money security interest before or within 20 days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches and the time of filing.
    (f) Public deposits. An unperfected security interest shall take priority over the rights of a lien creditor if (i) the lien creditor is a trustee or receiver of a bank or acting in furtherance of its supervisory authority over such bank and (ii) a security interest is granted by the bank to secure a deposit of public funds with the bank or a repurchase agreement with the bank pursuant to the Government Securities Act of 1986, as amended.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-318

    (810 ILCS 5/9-318) (from Ch. 26, par. 9-318)
    Sec. 9-318. No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.
    (a) Seller retains no interest. A debtor that has sold an account, chattel paper, payment intangible, or promissory note does not retain a legal or equitable interest in the collateral sold.
    (b) Deemed rights of debtor if buyer's security interest unperfected. For purposes of determining the rights of creditors of, and purchasers for value of an account or chattel paper from, a debtor that has sold an account or chattel paper, while the buyer's security interest is unperfected, the debtor is deemed to have rights and title to the account or chattel paper identical to those the debtor sold.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-319

    (810 ILCS 5/9-319)
    Sec. 9-319. Rights and title of consignee with respect to creditors and purchasers.
    (a) Consignee has consignor's rights. Except as otherwise provided in subsection (b), for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title to the goods identical to those the consignor had or had power to transfer.
    (b) Applicability of other law. For purposes of determining the rights of a creditor of a consignee, law other than this Article determines the rights and title of a consignee while goods are in the consignee's possession if, under this Part, a perfected security interest held by the consignor would have priority over the rights of the creditor.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-320

    (810 ILCS 5/9-320)
    Sec. 9-320. Buyer of goods and farm products.
    (a) Buyer in ordinary course of business. Except as otherwise provided in subsections (e) and (f), a buyer in the ordinary course of business takes free of a security interest created by the buyer's seller, even if the security interest is perfected and the buyer knows of its existence.
    (b) Buyer of consumer goods. Except as otherwise provided in subsection (e), a buyer of goods from a person who used or bought the goods for use primarily for personal, family, or household purposes takes free of a security interest, even if perfected, if the buyer buys:
        (1) without knowledge of the security interest;
        (2) for value;
        (3) primarily for the buyer's personal, family, or
    
household purposes; and
        (4) before the filing of a financing statement
    
covering the goods.
    (c) Effectiveness of filing for subsection (b). To the extent that it affects the priority of a security interest over a buyer of goods under subsection (b), the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by Section 9-316(a) and (b).
    (d) Buyer in ordinary course of business at wellhead or minehead. A buyer in ordinary course of business buying oil, gas, or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance.
    (e) Possessory security interest not affected. Subsections (a) and (b) do not affect a security interest in goods in the possession of the secured party under Section 9-313.
    (f) Buyer of farm products.
        (1) A buyer of farm products takes subject to a
    
security interest created by the seller if:
            (A) within one year before the sale of the farm
        
products, the buyer has received from the secured party or the seller written notice of the security interest organized according to farm products that:
                (i) is an original or reproduced copy thereof;
                (ii) contains: (a) the name and address of
            
the secured party; (b) the name and address of the person indebted to the secured party; (c) the social security number of the debtor or, in the case of a debtor doing business other than as an individual, the Internal Revenue Service taxpayer identification number of such debtor; (d) a description of the farm products subject to the security interest created by the debtor, including the amount of such products where applicable, crop year, county, and a reasonable description of the property;
                (iii) must be amended in writing, within 3
            
months, similarly signed and transmitted, to reflect material changes;
                (iv) will lapse on either the expiration
            
period of the statement or the transmission of a notice signed by the secured party that the statement has lapsed, whichever occurs first; and
                (v) sets forth any payment obligations
            
imposed on the buyer by the secured party as conditions for waiver or release of the security interest; and
            (B) the buyer has failed to perform the payment
        
obligations.
        (2) For the purposes of this subsection (f), a buyer
    
of farm products has received notice from the secured party or seller when written notice of the security interest is sent to the buyer by registered or certified mail.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-320.1

    (810 ILCS 5/9-320.1)
    Sec. 9-320.1. Liability of commission merchant or selling agent engaged in sale of livestock or other farm products to holder of security interest.
    (a) A commission merchant or selling agent who sells a farm product for others shall be subject to a security interest created by the seller in such farm product if:
        (1) within one year before the sale of the farm
    
products, the buyer has received from the secured party or the seller written notice of the security interest organized according to farm products that:
            (A) is an original or reproduced copy thereof;
            (B) contains: (i) the name and address of the
        
secured party; (ii) the name and address of the person indebted to the secured party; (iii) the social security number of the debtor or, in case of a debtor doing business other than as an individual, the Internal Revenue Service taxpayer identification number of such debtor; (iv) a description of the farm products subject to the security interest created by the debtor, including the amount of such products where applicable, crop year, county, and a reasonable description of the property;
            (C) must be amended in writing, within 3 months,
        
similarly signed and transmitted, to reflect material changes;
            (D) will lapse on either the expiration period of
        
the statement or the transmission of a notice signed by the secured party that the statement has lapsed, whichever occurs first; and
            (E) sets forth any payment obligations imposed on
        
the buyer by the secured party as conditions for waiver or release of the security interest; and
        (2) the commission merchant or selling agent has
    
failed to perform the payment obligations.
    (b) For the purposes of this Section, a commission merchant or selling agent has received notice from the secured party or seller when written notice of the security interest is sent to the commission merchant or selling agent by registered or certified mail.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-320.2

    (810 ILCS 5/9-320.2)
    Sec. 9-320.2. Notice to seller of farm products. A commission merchant or selling agent who sells farm products for others, and any person buying farm products in the ordinary course of business from a person engaged in farming operations, shall post at each licensed location where the merchant, agent, or person buying farm products in the ordinary course of business does business a notice that shall read as follows:
"NOTICE TO SELLERS OF FARM PRODUCTS
    It is a criminal offense to sell farm products subject to a security interest without making payment to the secured party. You should notify the purchaser if there is a security interest in the farm products you are selling.".
    The notice shall be posted in a conspicuous manner and shall be in contrasting type, large enough to be read from a distance of 10 feet.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-321

    (810 ILCS 5/9-321)
    Sec. 9-321. Licensee of general intangible and lessee of goods in ordinary course of business.
    (a) "Licensee in ordinary course of business." In this Section, "licensee in ordinary course of business" means a person that becomes a licensee of a general intangible in good faith, without knowledge that the license violates the rights of another person in the general intangible, and in the ordinary course from a person in the business of licensing general intangibles of that kind. A person becomes a licensee in the ordinary course if the license to the person comports with the usual or customary practices in the kind of business in which the licensor is engaged or with the licensor's own usual or customary practices.
    (b) Rights of licensee in ordinary course of business. A licensee in ordinary course of business takes its rights under a nonexclusive license free of a security interest in the general intangible created by the licensor, even if the security interest is perfected and the licensee knows of its existence.
    (c) Rights of lessee in ordinary course of business. A lessee in ordinary course of business takes its leasehold interest free of a security interest in the goods created by the lessor, even if the security interest is perfected and the lessee knows of its existence.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-322

    (810 ILCS 5/9-322)
    Sec. 9-322. Priorities among conflicting security interests in and agricultural liens on same collateral.
    (a) General priority rules. Except as otherwise provided in this Section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules:
        (1) Conflicting perfected security interests and
    
agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection.
        (2) A perfected security interest or agricultural
    
lien has priority over a conflicting unperfected security interest or agricultural lien.
        (3) The first security interest or agricultural lien
    
to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected.
    (b) Time of perfection: proceeds and supporting obligations. For the purposes of subsection (a)(1):
        (1) the time of filing or perfection as to a security
    
interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and
        (2) the time of filing or perfection as to a security
    
interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation.
    (c) Special priority rules: proceeds and supporting obligations. Except as otherwise provided in subsection (f), a security interest in collateral which qualifies for priority over a conflicting security interest under Section 9-327, 9-328, 9-329, 9-329.1, 9-330, or 9-331 also has priority over a conflicting security interest in:
        (1) any supporting obligation for the collateral; and
        (2) proceeds of the collateral if:
            (A) the security interest in proceeds is
        
perfected;
            (B) the proceeds are cash proceeds or of the same
        
type as the collateral; and
            (C) in the case of proceeds that are proceeds of
        
proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral.
    (d) First-to-file priority rule for certain collateral. Subject to subsection (e) and except as otherwise provided in subsection (f), if a security interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property, letter-of-credit rights, or beneficial interests in Illinois land trusts is perfected by a method other than filing, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing.
    (e) Applicability of subsection (d). Subsection (d) applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property, beneficial interests in Illinois land trusts, or letter-of-credit rights.
    (f) Limitations on subsections (a) through (e). Subsections (a) through (e) are subject to:
        (1) subsection (g) and the other provisions of this
    
Part;
        (2) Section 4-210 with respect to a security interest
    
of a collecting bank;
        (3) Section 5-118 with respect to a security interest
    
of an issuer or nominated person; and
        (4) Section 9-110 with respect to a security interest
    
arising under Article 2 or 2A.
    (g) Priority under agricultural lien statute. A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides.
(Source: P.A. 91-893, eff. 7-1-01; 92-234, eff. 1-1-02.)

810 ILCS 5/9-323

    (810 ILCS 5/9-323)
    Sec. 9-323. Future advances.
    (a) When priority based on time of advance. Except as otherwise provided in subsection (c), for purposes of determining the priority of a perfected security interest under Section 9-322(a)(1), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:
        (1) is made while the security interest is perfected
    
only:
            (A) under Section 9-309 when it attaches; or
            (B) temporarily under Section 9-312(e), (f), or
        
(g); and
        (2) is not made pursuant to a commitment entered into
    
before or while the security interest is perfected by a method other than under Section 9-309 or 9-312(e), (f), or (g).
    (b) Lien creditor. Except as otherwise provided in subsection (c), a security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than 45 days after the person becomes a lien creditor unless the advance is made:
        (1) without knowledge of the lien; or
        (2) pursuant to a commitment entered into without
    
knowledge of the lien.
    (c) Buyer of receivables. Subsections (a) and (b) do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.
    (d) Buyer of goods. Except as otherwise provided in subsection (e), a buyer of goods other than a buyer in ordinary course of business takes free of a security interest to the extent that it secures advances made after the earlier of:
        (1) the time the secured party acquires knowledge of
    
the buyer's purchase; or
        (2) 45 days after the purchase.
    (e) Advances made pursuant to commitment: priority of buyer of goods. Subsection (d) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer's purchase and before the expiration of the 45-day period.
    (f) Lessee of goods. Except as otherwise provided in subsection (g), a lessee of goods, other than a lessee in ordinary course of business, takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of:
        (1) the time the secured party acquires knowledge of
    
the lease; or
        (2) 45 days after the lease contract becomes
    
enforceable.
    (g) Advances made pursuant to commitment: priority of lessee of goods. Subsection (f) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-324

    (810 ILCS 5/9-324)
    Sec. 9-324. Priority of purchase-money security interests.
    (a) General rule: purchase-money priority. Except as otherwise provided in subsection (g), a perfected purchase-money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in Section 9-327, a perfected security interest in its identifiable proceeds also has priority, if the purchase-money security interest is perfected when the debtor receives possession of the collateral or within 20 days thereafter.
    (b) Inventory purchase-money priority. Subject to subsection (c) and except as otherwise provided in subsection (g), a perfected purchase-money security interest in inventory has priority over a conflicting security interest in the same inventory, has priority over a conflicting security interest in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of the chattel paper, if so provided in Section 9-330, and, except as otherwise provided in Section 9-327, also has priority in identifiable cash proceeds of the inventory to the extent the identifiable cash proceeds are received on or before the delivery of the inventory to a buyer, if:
        (1) the purchase-money security interest is perfected
    
when the debtor receives possession of the inventory;
        (2) the purchase-money secured party sends an
    
authenticated notification to the holder of the conflicting security interest;
        (3) the holder of the conflicting security interest
    
receives the notification within five years before the debtor receives possession of the inventory; and
        (4) the notification states that the person sending
    
the notification has or expects to acquire a purchase-money security interest in inventory of the debtor and describes the inventory.
    (c) Holders of conflicting inventory security interests to be notified. Subsections (b)(2) through (4) apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of inventory:
        (1) if the purchase-money security interest is
    
perfected by filing, before the date of the filing; or
        (2) if the purchase-money security interest is
    
temporarily perfected without filing or possession under Section 9-312(f), before the beginning of the 20-day period thereunder.
    (d) Livestock purchase-money priority. Subject to subsection (e) and except as otherwise provided in subsection (g), a perfected purchase-money security interest in livestock that are farm products has priority over a conflicting security interest in the same livestock, and, except as otherwise provided in Section 9-327, a perfected security interest in their identifiable proceeds and identifiable products in their unmanufactured states also has priority, if:
        (1) the purchase-money security interest is perfected
    
when the debtor receives possession of the livestock;
        (2) the purchase-money secured party sends an
    
authenticated notification to the holder of the conflicting security interest;
        (3) the holder of the conflicting security interest
    
receives the notification within six months before the debtor receives possession of the livestock; and
        (4) the notification states that the person sending
    
the notification has or expects to acquire a purchase-money security interest in livestock of the debtor and describes the livestock.
    (e) Holders of conflicting livestock security interests to be notified. Subsections (d)(2) through (4) apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of livestock:
        (1) if the purchase-money security interest is
    
perfected by filing, before the date of the filing; or
        (2) if the purchase-money security interest is
    
temporarily perfected without filing or possession under Section 9-312(f), before the beginning of the 20-day period thereunder.
    (f) Software purchase-money priority. Except as otherwise provided in subsection (g), a perfected purchase-money security interest in software has priority over a conflicting security interest in the same collateral, and, except as otherwise provided in Section 9-327, a perfected security interest in its identifiable proceeds also has priority, to the extent that the purchase-money security interest in the goods in which the software was acquired for use has priority in the goods and proceeds of the goods under this Section.
    (g) Conflicting purchase-money security interests. If more than one security interest qualifies for priority in the same collateral under subsection (a), (b), (d), or (f):
        (1) a security interest securing an obligation
    
incurred as all or part of the price of the collateral has priority over a security interest securing an obligation incurred for value given to enable the debtor to acquire rights in or the use of collateral; and
        (2) in all other cases, Section 9-322(a) applies to
    
the qualifying security interests.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-325

    (810 ILCS 5/9-325)
    Sec. 9-325. Priority of security interests in transferred collateral.
    (a) Subordination of security interest in transferred collateral. Except as otherwise provided in subsection (b), a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:
        (1) the debtor acquired the collateral subject to the
    
security interest created by the other person;
        (2) the security interest created by the other person
    
was perfected when the debtor acquired the collateral; and
        (3) there is no period thereafter when the security
    
interest is unperfected.
    (b) Limitation of subsection (a) subordination. Subsection (a) subordinates a security interest only if the security interest:
        (1) otherwise would have priority solely under
    
Section 9-322(a) or 9-324; or
        (2) arose solely under Section 2-711(3) or 2A-508(5).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-326

    (810 ILCS 5/9-326)
    Sec. 9-326. Priority of security interests created by new debtor.
    (a) Subordination of security interest created by new debtor. 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 9-316(i)(1) or 9-508 is subordinate to a security interest in the same collateral which is perfected other than by such a filed financing statement.
    (b) Priority under other provisions; multiple original debtors. 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.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-327

    (810 ILCS 5/9-327)
    Sec. 9-327. Priority of security interests in deposit account. The following rules govern priority among conflicting security interests in the same deposit account:
    (1) A security interest held by a secured party having control of the deposit account under Section 9-104 has priority over a conflicting security interest held by a secured party that does not have control.
    (2) Except as otherwise provided in paragraphs (3) and (4), security interests perfected by control under Section 9-314 rank according to priority in time of obtaining control.
    (3) Except as otherwise provided in paragraph (4), a security interest held by the bank with which the deposit account is maintained has priority over a conflicting security interest held by another secured party.
    (4) A security interest perfected by control under Section 9-104(a)(3) has priority over a security interest held by the bank with which the deposit account is maintained.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-328

    (810 ILCS 5/9-328)
    Sec. 9-328. Priority of security interests in investment property. The following rules govern priority among conflicting security interests in the same investment property:
    (1) A security interest held by a secured party having control of investment property under Section 9-106 has priority over a security interest held by a secured party that does not have control of the investment property.
    (2) Except as otherwise provided in paragraphs (3) and (4), conflicting security interests held by secured parties each of which has control under Section 9-106 rank according to priority in time of:
        (A) if the collateral is a security, obtaining
    
control;
        (B) if the collateral is a security entitlement
    
carried in a securities account and:
            (i) if the secured party obtained control under
        
Section 8-106(d)(1), the secured party's becoming the person for which the securities account is maintained;
            (ii) if the secured party obtained control under
        
Section 8-106(d)(2), the securities intermediary's agreement to comply with the secured party's entitlement orders with respect to security entitlements carried or to be carried in the securities account; or
            (iii) if the secured party obtained control
        
through another person under Section 8-106(d)(3), the time on which priority would be based under this paragraph if the other person were the secured party; or
        (C) if the collateral is a commodity contract carried
    
with a commodity intermediary, the satisfaction of the requirement for control specified in Section 9-106(b)(2) with respect to commodity contracts carried or to be carried with the commodity intermediary.
    (3) A security interest held by a securities intermediary in a security entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party.
    (4) A security interest held by a commodity intermediary in a commodity contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party.
    (5) A security interest in a certificated security in registered form which is perfected by taking delivery under Section 9-313(a) and not by control under Section 9-314 has priority over a conflicting security interest perfected by a method other than control.
    (6) Conflicting security interests created by a broker, securities intermediary, or commodity intermediary which are perfected without control under Section 9-106 rank equally.
    (7) In all other cases, priority among conflicting security interests in investment property is governed by Sections 9-322 and 9-323.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-329

    (810 ILCS 5/9-329)
    Sec. 9-329. Priority of security interests in letter-of-credit right. The following rules govern priority among conflicting security interests in the same letter-of-credit right:
        (1) A security interest held by a secured party
    
having control of the letter-of-credit right under Section 9-107 has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control.
        (2) Security interests perfected by control under
    
Section 9-314 rank according to priority in time of obtaining control.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-329.1

    (810 ILCS 5/9-329.1)
    Sec. 9-329.1. Priority of Security Interests in Beneficial Interest in an Illinois Land Trust. The following rules govern priority among conflicting security interests in the same beneficial interest in an Illinois land trust:
        (1) A security interest held by a secured party
    
having control of the beneficial interest under Section 9-107.1 has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control.
        (2) Security interests perfected by control under
    
Section 9-314 rank according to priority in time of obtaining control.
(Source: P.A. 92-234, eff. 1-1-02.)

810 ILCS 5/9-330

    (810 ILCS 5/9-330)
    Sec. 9-330. Priority of purchaser of chattel paper or instrument.
    (a) Purchaser's priority: security interest claimed merely as proceeds. A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if:
        (1) in good faith and in the ordinary course of the
    
purchaser's business, the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under Section 9-105; and
        (2) the chattel paper does not indicate that it has
    
been assigned to an identified assignee other than the purchaser.
    (b) Purchaser's priority: other security interests. A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed other than merely as proceeds of inventory subject to a security interest if the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under Section 9-105 in good faith, in the ordinary course of the purchaser's business, and without knowledge that the purchase violates the rights of the secured party.
    (c) Chattel paper purchaser's priority in proceeds. Except as otherwise provided in Section 9-327, a purchaser having priority in chattel paper under subsection (a) or (b) also has priority in proceeds of the chattel paper to the extent that:
        (1) Section 9-322 provides for priority in the
    
proceeds; or
        (2) the proceeds consist of the specific goods
    
covered by the chattel paper or cash proceeds of the specific goods, even if the purchaser's security interest in the proceeds is unperfected.
    (d) Instrument purchaser's priority. Except as otherwise provided in Section 9-331(a), a purchaser of an instrument has priority over a security interest in the instrument perfected by a method other than possession if the purchaser gives value and takes possession of the instrument in good faith and without knowledge that the purchase violates the rights of the secured party.
    (e) Holder of purchase-money security interest gives new value. For purposes of subsections (a) and (b), the holder of a purchase-money security interest in inventory gives new value for chattel paper constituting proceeds of the inventory.
    (f) Indication of assignment gives knowledge. For purposes of subsections (b) and (d), if chattel paper or an instrument indicates that it has been assigned to an identified secured party other than the purchaser, a purchaser of the chattel paper or instrument has knowledge that the purchase violates the rights of the secured party.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-331

    (810 ILCS 5/9-331)
    Sec. 9-331. Priority of rights of purchasers of instruments, documents, and securities under other Articles; priority of interests in financial assets and security entitlements under Article 8.
    (a) Rights under Articles 3, 7, and 8 not limited. This Article does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document of title has been duly negotiated, or a protected purchaser of a security. These holders or purchasers take priority over an earlier security interest, even if perfected, to the extent provided in Articles 3, 7, and 8.
    (b) Protection under Article 8. This Article does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of a claim under Article 8.
    (c) Filing not notice. Filing under this Article does not constitute notice of a claim or defense to the holders, or purchasers, or persons described in subsections (a) and (b).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-332

    (810 ILCS 5/9-332)
    Sec. 9-332. Transfer of money; transfer of funds from deposit account.
    (a) Transferee of money. A transferee of money takes the money free of a security interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party.
    (b) Transferee of funds from deposit account. A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-333

    (810 ILCS 5/9-333)
    Sec. 9-333. Priority of certain liens arising by operation of law.
    (a) "Possessory lien." In this Section, "possessory lien" means an interest, other than a security interest or an agricultural lien:
        (1) which secures payment or performance of an
    
obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person's business;
        (2) which is created by statute or rule of law in
    
favor of the person; and
        (3) whose effectiveness depends on the person's
    
possession of the goods.
    (b) Priority of possessory lien. A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-334

    (810 ILCS 5/9-334)
    Sec. 9-334. Priority of security interests in fixtures and crops.
    (a) Security interest in fixtures under this Article. A security interest under this Article may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this Article in ordinary building materials incorporated into an improvement on land.
    (b) Security interest in fixtures under real-property law. This Article does not prevent creation of an encumbrance upon fixtures under real property law.
    (c) General rule: subordination of security interest in fixtures. In cases not governed by subsections (d) through (h), a security interest in fixtures is subordinate to a conflicting interest of an encumbrancer or owner of the related real property other than the debtor.
    (d) Fixtures purchase-money priority. Except as otherwise provided in subsection (h), a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property and:
        (1) the security interest is a purchase-money
    
security interest;
        (2) the interest of the encumbrancer or owner arises
    
before the goods become fixtures; and
        (3) the security interest is perfected by a fixture
    
filing before the goods become fixtures or within 20 days thereafter.
    (e) Priority of security interest in fixtures over interests in real property. A perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if:
        (1) the debtor has an interest of record in the real
    
property or is in possession of the real property and the security interest:
            (A) is perfected by a fixture filing before the
        
interest of the encumbrancer or owner is of record; and
            (B) has priority over any conflicting interest of
        
a predecessor in title of the encumbrancer or owner;
        (2) before the goods become fixtures, the security
    
interest is perfected by any method permitted by this Article and the fixtures are readily removable:
            (A) factory or office machines;
            (B) equipment that is not primarily used or
        
leased for use in the operation of the real property; or
            (C) replacements of domestic appliances that are
        
consumer goods;
        (3) the conflicting interest is a lien on the real
    
property obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this Article; or
        (4) the security interest is:
            (A) created in a manufactured home in a
        
manufactured-home transaction; and
            (B) perfected pursuant to a statute described in
        
Section 9-311(a)(2).
    (f) Priority based on consent, disclaimer, or right to remove. A security interest in fixtures, whether or not perfected, has priority over a conflicting interest of an encumbrancer or owner of the real property if:
        (1) the encumbrancer or owner has, in an
    
authenticated record, consented to the security interest or disclaimed an interest in the goods as fixtures; or
        (2) the debtor has a right to remove the goods as
    
against the encumbrancer or owner.
    (g) Continuation of subsection (f)(2) priority. The priority of the security interest under subsection (f)(2) continues for a reasonable time if the debtor's right to remove the goods as against the encumbrancer or owner terminates.
    (h) Priority of construction mortgage. A mortgage is a construction mortgage to the extent that it secures an obligation incurred for the construction of an improvement on land, including the acquisition cost of the land, if a recorded record of the mortgage so indicates. Except as otherwise provided in subsections (e) and (f), a security interest in fixtures is subordinate to a construction mortgage if a record of the mortgage is recorded before the goods become fixtures and the goods become fixtures before the completion of the construction. A mortgage has this priority to the same extent as a construction mortgage to the extent that it is given to refinance a construction mortgage.
    (i) Priority of security interest in crops.
        (1) Subject to Section 9-322(g), a perfected security
    
interest in crops growing on real property has priority over:
            (A) a conflicting interest of an encumbrancer or
        
owner of the real property; and
            (B) the rights of a holder of an obligation
        
secured by a collateral assignment of beneficial interest in a land trust, including rights by virtue of an equitable lien.
        (2) For purposes of this subsection:
            (A) "Collateral assignment of beneficial
        
interest" means any pledge or assignment of the beneficial interest in a land trust to a person to secure a debt to other obligation.
            (B) "Land trust" means any trust arrangement
        
under which the legal and equitable title to real estate is held by a trustee, the interest of the beneficiary of the trust is personal property, and the beneficiary or any person designated in writing by the beneficiary has (i) the exclusive power to direct or control the trustee in dealing with the title to the trust property, (ii) the exclusive control of the management, operation, renting, and selling of the trust property, and (iii) the exclusive right to the earnings, avails, and proceeds of trust property.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-335

    (810 ILCS 5/9-335)
    Sec. 9-335. Accessions.
    (a) Creation of security interest in accession. A security interest may be created in an accession and continues in collateral that becomes an accession.
    (b) Perfection of security interest. If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral.
    (c) Priority of security interest. Except as otherwise provided in subsection (d), the other provisions of this Part determine the priority of a security interest in an accession.
    (d) Compliance with certificate-of-title statute. A security interest in an accession is subordinate to a security interest in the whole which is perfected by compliance with the requirements of a certificate-of-title statute under Section 9-311(b).
    (e) Removal of accession after default. After default, subject to Part 6, a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole.
    (f) Reimbursement following removal. A secured party that removes an accession from other goods under subsection (e) shall promptly reimburse any holder of a security interest or other lien on, or owner of, the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the holder or owner for any diminution in value of the whole or the other goods caused by the absence of the accession removed or by any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-336

    (810 ILCS 5/9-336)
    Sec. 9-336. Commingled goods.
    (a) "Commingled goods." In this Section, "commingled goods" means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass.
    (b) No security interest in commingled goods as such. A security interest does not exist in commingled goods as such. However, a security interest may attach to a product or mass that results when goods become commingled goods.
    (c) Attachment of security interest to product or mass. If collateral becomes commingled goods, a security interest attaches to the product or mass.
    (d) Perfection of security interest. If a security interest in collateral is perfected before the collateral becomes commingled goods, the security interest that attaches to the product or mass under subsection (c) is perfected.
    (e) Priority of security interest. Except as otherwise provided in subsection (f), the other provisions of this Part determine the priority of a security interest that attaches to the product or mass under subsection (c).
    (f) Conflicting security interests in product or mass If more than one security interest attaches to the product or mass under subsection (c), the following rules determine priority:
        (1) A security interest that is perfected under
    
subsection (d) has priority over a security interest that is unperfected at the time the collateral becomes commingled goods.
        (2) If more than one security interest is perfected
    
under subsection (d), the security interests rank equally in proportion to the value of the collateral at the time it became commingled goods.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-337

    (810 ILCS 5/9-337)
    Sec. 9-337. Priority of security interests in goods covered by certificate of title. If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this State issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate:
        (1) a buyer of the goods, other than a person in the
    
business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and
        (2) the security interest is subordinate to a
    
conflicting security interest in the goods that attaches, and is perfected under Section 9-311(b), after issuance of the certificate and without the conflicting secured party's knowledge of the security interest.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-338

    (810 ILCS 5/9-338)
    Sec. 9-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information. If a security interest or agricultural lien is perfected by a filed financing statement providing information described in Section 9-516(b)(5) which is incorrect at the time the financing statement is filed:
        (1) the security interest or agricultural lien is
    
subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and
        (2) a purchaser, other than a secured party, of the
    
collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of tangible chattel paper, tangible documents, goods, instruments, or a security certificate, receives delivery of the collateral.
(Source: P.A. 95-895, eff. 1-1-09.)

810 ILCS 5/9-339

    (810 ILCS 5/9-339)
    Sec. 9-339. Priority subject to subordination. This Article does not preclude subordination by agreement by a person entitled to priority.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/Art. 9 Pt. 3 Sub. 4

 
    (810 ILCS 5/Art. 9 Pt. 3 Sub. 4 heading)
SUBPART 4. RIGHTS OF BANK

810 ILCS 5/9-340

    (810 ILCS 5/9-340)
    Sec. 9-340. Effectiveness of right of recoupment or set-off against deposit account.
    (a) Exercise of recoupment or set-off. Except as otherwise provided in subsection (c), a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against a secured party that holds a security interest in the deposit account.
    (b) Recoupment or set-off not affected by security interest. Except as otherwise provided in subsection (c), the application of this Article to a security interest in a deposit account does not affect a right of recoupment or set-off of the secured party as to a deposit account maintained with the secured party.
    (c) When set-off ineffective. The exercise by a bank of a set-off against a deposit account is ineffective against a secured party that holds a security interest in the deposit account which is perfected by control under Section 9-104(a)(3), if the set-off is based on a claim against the debtor.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-341

    (810 ILCS 5/9-341)
    Sec. 9-341. Bank's rights and duties with respect to deposit account. Except as otherwise provided in Section 9-340(c), and unless the bank otherwise agrees in an authenticated record, a bank's rights and duties with respect to a deposit account maintained with the bank are not terminated, suspended, or modified by:
        (1) the creation, attachment, or perfection of a
    
security interest in the deposit account;
        (2) the bank's knowledge of the security interest; or
        (3) the bank's receipt of instructions from the
    
secured party.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-342

    (810 ILCS 5/9-342)
    Sec. 9-342. Bank's right to refuse to enter into or disclose existence of control agreement. This Article does not require a bank to enter into an agreement of the kind described in Section 9-104(a)(2), even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person unless requested to do so by its customer.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/Art. 9 Pt. 4

 
    (810 ILCS 5/Art. 9 Pt. 4 heading)
PART 4. RIGHTS OF THIRD PARTIES

810 ILCS 5/9-401

    (810 ILCS 5/9-401) (from Ch. 26, par. 9-401)
    Sec. 9-401. Alienability of debtor's rights.
    (a) Other law governs alienability; exceptions. Except as otherwise provided in subsection (b) and Sections 9-406, 9-407, 9-408, and 9-409, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this Article.
    (b) Agreement does not prevent transfer. An agreement between the debtor and secured party which prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.
(Source: P.A. 90-300, eff. 1-1-98; 91-893, eff. 7-1-01.)

810 ILCS 5/9-401A

    (810 ILCS 5/9-401A)
    Sec. 9-401A. (Blank).
(Source: P.A. 90-300, eff. 1-1-98; 91-893, eff. 7-1-01.)

810 ILCS 5/9-402

    (810 ILCS 5/9-402) (from Ch. 26, par. 9-402)
    Sec. 9-402. Secured party not obligated on contract of debtor or in tort. The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor's acts or omissions.
(Source: P.A. 91-357, eff. 7-29-99; 91-893, eff. 7-1-01.)

810 ILCS 5/9-403

    (810 ILCS 5/9-403) (from Ch. 26, par. 9-403)
    Sec. 9-403. Agreement not to assert defenses against assignee.
    (a) "Value." In this Section, "value" has the meaning provided in Section 3-303(a).
    (b) Agreement not to assert claim or defense. Except as otherwise provided in this Section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the assignor is enforceable by an assignee that takes an assignment:
        (1) for value;
        (2) in good faith;
        (3) without notice of a claim of a property or
    
possessory right to the property assigned; and
        (4) without notice of a defense or claim in
    
recoupment of the type that may be asserted against a person entitled to enforce a negotiable instrument under Section 3-305(a).
    (c) When subsection (b) not applicable. Subsection (b) does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under Section 3-305(b).
    (d) Omission of required statement in consumer transaction. In a consumer transaction, if a record evidences the account debtor's obligation, law other than this Article requires that the record include a statement to the effect that the rights of an assignee are subject to claims or defenses that the account debtor could assert against the original obligee, and the record does not include such a statement:
        (1) the record has the same effect as if the record
    
included such a statement; and
        (2) the account debtor may assert against an assignee
    
those claims and defenses that would have been available if the record included such a statement.
    (e) Rule for individual under other law. This Section is subject to law other than this Article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
    (f) Other law not displaced. Except as otherwise provided in subsection (d), this Section does not displace law other than this Article which gives effect to an agreement by an account debtor not to assert a claim or defense against an assignee.
(Source: P.A. 90-300, eff. 1-1-98; 91-357, eff. 7-29-99; 91-893, eff. 7-1-01.)

810 ILCS 5/9-404

    (810 ILCS 5/9-404) (from Ch. 26, par. 9-404)
    Sec. 9-404. Rights acquired by assignee; claims and defenses against assignee.
    (a) Assignee's rights subject to terms, claims, and defenses; exceptions. Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to subsections (b) through (e), the rights of an assignee are subject to:
        (1) all terms of the agreement between the account
    
debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and
        (2) any other defense or claim of the account debtor
    
against the assignor which accrues before the account debtor receives a notification of the assignment authenticated by the assignor or the assignee.
    (b) Account debtor's claim reduces amount owed to assignee. Subject to subsection (c) and except as otherwise provided in subsection (d), the claim of an account debtor against an assignor may be asserted against an assignee under subsection (a) only to reduce the amount the account debtor owes.
    (c) Rule for individual under other law. This Section is subject to law other than this Article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
    (d) Omission of required statement in consumer transaction. In a consumer transaction, if a record evidences the account debtor's obligation, law other than this Article requires that the record include a statement to the effect that the account debtor's recovery against an assignee with respect to claims and defenses against the assignor may not exceed amounts paid by the account debtor under the record, and the record does not include such a statement, the extent to which a claim of an account debtor against the assignor may be asserted against an assignee is determined as if the record included such a statement.
    (e) Inapplicability to health-care-insurance receivable. This Section does not apply to an assignment of a health-care-insurance receivable.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-404.5

    (810 ILCS 5/9-404.5)
    Sec. 9-404.5. Termination statement; duties of filing officer.
    (1) If a financing statement covering consumer goods is filed on or after July 1, 1973, then within one month or within 10 days following written demand by the debtor after there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must file with each filing officer with whom the financing statement was filed, a termination statement to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number. In other cases whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must on written demand by the debtor send the debtor, for each filing officer with whom the financing statement was filed, a termination statement to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record. If the affected secured party fails to file such a termination statement as required by this subsection, or to send such a termination statement within 10 days after proper demand therefor, he shall be liable to the debtor for $100 and in addition for any loss caused to the debtor by such failure.
    (2) On presentation to the filing officer of such a termination statement he must note it in the index. If he has received the termination statement in duplicate, he shall return one copy of the termination statement to the secured party stamped to show the time of receipt thereof. If the filing officer has a microfilm or other photographic record of the financing statement, and of any related continuation statement, statement of assignment and statement of release, he may remove the originals from the files at any time after receipt of the termination statement, or if he has no such record, he may remove them from the files at any time after one year after receipt of the termination statement.
    (3) If the termination statement is in the standard form prescribed by the Secretary of State, the uniform fee for filing and indexing the termination statement in the office of a county recorder shall be $5 and otherwise shall be $10, plus in each case an additional fee of $5 for each name more than one at each address listed against which the termination statement is required to be indexed.
(Source: P.A. 91-893, eff. 7-6-00.)

810 ILCS 5/9-405

    (810 ILCS 5/9-405) (from Ch. 26, par. 9-405)
    Sec. 9-405. Modification of assigned contract.
    (a) Effect of modification on assignee. A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to subsections (b) through (d).
    (b) Applicability of subsection (a). Subsection (a) applies to the extent that:
        (1) the right to payment or a part thereof under an
    
assigned contract has not been fully earned by performance; or
        (2) the right to payment or a part thereof has been
    
fully earned by performance and the account debtor has not received notification of the assignment under Section 9-406(a).
    (c) Rule for individual under other law. This Section is subject to law other than this Article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
    (d) Inapplicability to health-care-insurance receivable. This Section does not apply to an assignment of a health-care-insurance receivable.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-406

    (810 ILCS 5/9-406) (from Ch. 26, par. 9-406)
    Sec. 9-406. Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.
    (a) Discharge of account debtor; effect of notification. Subject to subsections (b) through (i), an account debtor on an account, chattel paper, or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor.
    (b) When notification ineffective. Subject to subsection (h), notification is ineffective under subsection (a):
        (1) if it does not reasonably identify the rights
    
assigned;
        (2) to the extent that an agreement between an
    
account debtor and a seller of a payment intangible limits the account debtor's duty to pay a person other than the seller and the limitation is effective under law other than this Article; or
        (3) at the option of an account debtor, if the
    
notification notifies the account debtor to make less than the full amount of any installment or other periodic payment to the assignee, even if:
            (A) only a portion of the account, chattel paper,
        
or payment intangible has been assigned to that assignee;
            (B) a portion has been assigned to another
        
assignee; or
            (C) the account debtor knows that the assignment
        
to that assignee is limited.
    (c) Proof of assignment. Subject to subsection (h), if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notification under subsection (a).
    (d) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (e) and Sections 2A-303 and 9-407, and subject to subsection (h), a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it:
        (1) prohibits, restricts, or requires the consent of
    
the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account, chattel paper, payment intangible, or promissory note; or
        (2) provides that the assignment or transfer or the
    
creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible, or promissory note.
    (e) Inapplicability of subsection (d) to certain sales. Subsection (d) does not apply to the sale of a payment intangible or promissory note, other than a sale pursuant to a disposition under Section 9-610 or an acceptance of collateral under Section 9-620.
    (f) Legal restrictions on assignment generally ineffective. Except as otherwise provided in Sections 2A-303 and 9-407 and subject to subsections (h) and (i), a rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, or account debtor to the assignment or transfer of, or creation of a security interest in, an account or chattel paper is ineffective to the extent that the rule of law, statute, or regulation:
        (1) prohibits, restricts, or requires the consent of
    
the government, governmental body or official, or account debtor to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in the account or chattel paper; or
        (2) provides that the assignment or transfer or the
    
creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account or chattel paper.
    (g) Subsection (b)(3) not waivable. Subject to subsection (h), an account debtor may not waive or vary its option under subsection (b)(3).
    (h) Rule for individual under other law. This Section is subject to law other than this Article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
    (i) Inapplicability to health-care-insurance receivable. This Section does not apply to an assignment of a health-care-insurance receivable.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-407

    (810 ILCS 5/9-407) (from Ch. 26, par. 9-407)
    Sec. 9-407. Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest.
    (a) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (b), a term in a lease agreement is ineffective to the extent that it:
        (1) prohibits, restricts, or requires the consent of
    
a party to the lease to the assignment or transfer or the creation, attachment, perfection, or enforcement of a security interest in an interest of a party under the lease contract or in the lessor's residual interest in the goods; or
        (2) provides that the assignment or transfer or the
    
creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the lease.
    (b) Effectiveness of certain terms. Except as otherwise provided in Section 2A-303(7), a term described in subsection (a)(2) is effective to the extent that there is:
        (1) a transfer by the lessee of the lessee's right of
    
possession or use of the goods in violation of the term; or
        (2) a delegation of a material performance of either
    
party to the lease contract in violation of the term.
    (c) Security interest not material impairment. The creation, attachment, perfection, or enforcement of a security interest in the lessor's interest under the lease contract or the lessor's residual interest in the goods is not a transfer that materially impairs the lessee's prospect of obtaining return performance or materially changes the duty of or materially increases the burden or risk imposed on the lessee within the purview of Section 2A-303(4) unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the lessor.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-408

    (810 ILCS 5/9-408) (from Ch. 26, par. 9-408)
    Sec. 9-408. Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective.
    (a) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (b), a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or a general intangible, including a contract, permit, license, or franchise, and which term prohibits, restricts, or requires the consent of the person obligated on the promissory note or the account debtor to, the assignment or transfer of, or creation, attachment, or perfection of a security interest in, the promissory note, health-care-insurance receivable, or general intangible, is ineffective to the extent that the term:
        (1) would impair the creation, attachment, or
    
perfection of a security interest; or
        (2) provides that the assignment or transfer or the
    
creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health-care-insurance receivable, or general intangible.
    (b) Applicability of subsection (a) to sales of certain rights to payment. Subsection (a) applies to a security interest in a payment intangible or promissory note only if the security interest arises out of a sale of the payment intangible or promissory note, other than a sale pursuant to a disposition under Section 9-610 or an acceptance of collateral under Section 9-620.
    (c) Legal restrictions on assignment generally ineffective. A rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, person obligated on a promissory note, or account debtor to the assignment or transfer of, or creation of a security interest in, a promissory note, health-care-insurance receivable, or general intangible, including a contract, permit, license, or franchise between an account debtor and a debtor, is ineffective to the extent that the rule of law, statute, or regulation:
        (1) would impair the creation, attachment, or
    
perfection of a security interest; or
        (2) provides that the assignment or transfer or the
    
creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health-care-insurance receivable, or general intangible.
    (d) Limitation on ineffectiveness under subsections (a) and (c). To the extent that a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or general intangible or a rule of law, statute, or regulation described in subsection (c) would be effective under law other than this Article but is ineffective under subsection (a) or (c), the creation, attachment, or perfection of a security interest in the promissory note, health-care-insurance receivable, or general intangible:
        (1) is not enforceable against the person obligated
    
on the promissory note or the account debtor;
        (2) does not impose a duty or obligation on the
    
person obligated on the promissory note or the account debtor;
        (3) does not require the person obligated on the
    
promissory note or the account debtor to recognize the security interest, pay or render performance to the secured party, or accept payment or performance from the secured party;
        (4) does not entitle the secured party to use or
    
assign the debtor's rights under the promissory note, health-care-insurance receivable, or general intangible, including any related information or materials furnished to the debtor in the transaction giving rise to the promissory note, health-care-insurance receivable, or general intangible;
        (5) does not entitle the secured party to use,
    
assign, possess, or have access to any trade secrets or confidential information of the person obligated on the promissory note or the account debtor; and
        (6) does not entitle the secured party to enforce the
    
security interest in the promissory note, health-care-insurance receivable, or general intangible.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-409

    (810 ILCS 5/9-409)
    Sec. 9-409. Restrictions on assignment of letter-of-credit rights ineffective.
    (a) Term or law restricting assignment generally ineffective. A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiary's assignment of or creation of a security interest in a letter-of-credit right is ineffective to the extent that the term or rule of law, statute, regulation, custom, or practice:
        (1) would impair the creation, attachment, or
    
perfection of a security interest in the letter-of-credit right; or
        (2) provides that the assignment or the creation,
    
attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter-of-credit right.
    (b) Limitation on ineffectiveness under subsection (a). To the extent that a term in a letter of credit is ineffective under subsection (a) but would be effective under law other than this Article or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter of credit, or to the assignment of a right to proceeds of the letter of credit, the creation, attachment, or perfection of a security interest in the letter-of-credit right:
        (1) is not enforceable against the applicant, issuer,
    
nominated person, or transferee beneficiary;
        (2) imposes no duties or obligations on the
    
applicant, issuer, nominated person, or transferee beneficiary; and
        (3) does not require the applicant, issuer, nominated
    
person, or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-410

    (810 ILCS 5/9-410)
    Sec. 9-410. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/Art. 9 Pt. 5

 
    (810 ILCS 5/Art. 9 Pt. 5 heading)
PART 5. FILING

810 ILCS 5/Art. 9 Pt. 5 Sub. 1

 
    (810 ILCS 5/Art. 9 Pt. 5 Sub. 1 heading)
SUBPART 1. FILING OFFICE; CONTENTS AND
EFFECTIVENESS OF FINANCING STATEMENT

810 ILCS 5/9-501

    (810 ILCS 5/9-501) (from Ch. 26, par. 9-501)
    Sec. 9-501. Filing office.
    (a) Filing offices. Except as otherwise provided in subsection (b), if the local law of this State governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is:
        (1) the office designated for the filing or recording
    
of a record of a mortgage on the related real property, if:
            (A) the collateral is as-extracted collateral or
        
timber to be cut; or
            (B) the financing statement is filed as a fixture
        
filing and the collateral is goods that are or are to become fixtures; or
        (2) the office of the Secretary of State in all other
    
cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.
    (b) Filing office for transmitting utilities. The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the Secretary of State. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures.
(Source: P.A. 91-357, eff. 7-29-99; 91-893, eff. 7-1-01.)

810 ILCS 5/9-501.1

    (810 ILCS 5/9-501.1)
    Sec. 9-501.1. Fraudulent records.
    (a) No person shall cause to be communicated to the filing office for filing a false record the person knows or reasonably should know:
        (1) is not authorized or permitted under Section
    
9-509, 9-708, or 9-808 of this Article;
        (2) is not related to a valid existing or potential
    
commercial or financial transaction, an existing agricultural or other lien, or a judgment of a court of competent jurisdiction; and
        (3) is filed with the intent to harass or defraud the
    
person identified as debtor in the record or any other person.
    (b) A person who violates subsection (a) is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
    (c) A person who violates subsection (a) shall be liable in a civil action to each injured person for:
        (1) the greater of the actual damages caused by the
    
violation or up to $10,000 in lieu of actual damages;
        (2) reasonable attorney's fees;
        (3) court costs and other related expenses of
    
bringing an action, including reasonable investigative expenses; and
        (4) in the discretion of the court, exemplary damages
    
in an amount determined by the court or jury.
    (d) A person identified as debtor in a filed record the person believes was caused to be communicated to the filing office in violation of subsection (a) may, under penalty of perjury, file with the Secretary of State an affidavit to that effect. The Secretary of State shall adopt and make available a form affidavit for use under this Section.
    (e) Upon receipt of an affidavit filed under this Section, or upon administrative action by the Secretary of State, the Secretary of State shall communicate to the secured party of record on the record to which the affidavit or administrative action relates and to the person that communicated the record to the filing office, if different and known to the office, a request for additional documentation supporting the effectiveness of the record. The Department of Business Services of the Office of the Secretary of State and the Office of the General Counsel shall review all such documentation received within 30 days after the first request for additional documentation is sent. The Secretary of State may terminate the record effective 30 days after the first request for additional documentation is sent if it has a reasonable basis for concluding that the record was communicated to the filing office in violation of subsection (a).
    The Secretary of State may initiate an administrative action under the first paragraph of this subsection (e) with regard to a filed record if it has reason to believe, from information contained in the record or obtained from the person that communicated the record to the filing office, that the record was communicated to the filing office in violation of subsection (a). The Secretary of State may give heightened scrutiny to a record that indicates that the debtor is a transmitting utility or that indicates that the transaction to which the record relates is a manufactured-home transaction or a public-finance transaction.
    (f) The Secretary of State shall not charge a fee to file an affidavit under this Section and shall not return any fee paid for filing a record terminated under this Section.
    (g) The Secretary of State shall promptly communicate to the secured party of record a notice of the termination of a record under subsection (e). A secured party of record that believes in good faith that the record was not communicated to the filing office in violation of subsection (a) may file an action to require that the record be reinstated by the filing office. A person that communicated a record to the filing office that the filing office rejected in reliance on Section 9-516(b)(3.5), who believes in good faith that the record was not communicated to the filing office in violation of Section 9-516(b)(3.5), may file an action to require that the record be accepted by the filing office.
    (h) If a court or tribunal in an action under this Section determines that a record terminated under this Section or rejected in reliance on Section 9-516(b)(3.5) should be reinstated or accepted, the court or tribunal shall provide a copy of its order to that effect to the Secretary of State. On receipt of an order reinstating a terminated record, the Secretary of State shall refile the record along with a notice indicating that the record was refiled pursuant to this Section and its initial filing date. On receipt of an order requiring that a rejected record be accepted, the Secretary of State shall promptly file the record along with a notice indicating that the record was filed pursuant to this Section and the date on which it was communicated for filing. A rejected record that is filed pursuant to an order of a court or tribunal shall have the effect described in Section 9-516(d) for a record the filing office refuses to accept for a reason other than one set forth in Section 9-516(b).
    (i) A terminated record that is refiled under subsection (h) is effective as a filed record from the initial filing date. If the period of effectiveness of a refiled record would have lapsed during the period of termination, the secured party may file a continuation statement within 30 days after the record is refiled and the continuation statement shall have the same effect as if it had been filed during the 6-month period described in Section 9-515(d). A refiled record shall be considered never to have been ineffective against all persons and for all purposes except that it shall not be effective as against a purchaser of the collateral that gave value in reasonable reliance on the absence of the record from the files.
    (j) Neither the filing office nor any of its employees shall incur liability for the termination or failure to terminate a record under this Section or for the refusal to accept a record for filing in the lawful performance of the duties of the office or employee.
    (k) This Section does not apply to a record communicated to the filing office by a regulated financial institution or by a representative of a regulated financial institution except that the Secretary of State may request from the secured party of record on the record or from the person that communicated the record to the filing office, if different and known to the office, additional documentation supporting that the record was communicated to the filing office by a regulated financial institution or by a representative of a regulated financial institution. The term "regulated financial institution" means a financial institution subject to regulatory oversight or examination by a State or federal agency and includes banks, savings banks, savings associations, building and loan associations, credit unions, consumer finance companies, industrial banks, industrial loan companies, insurance companies, investment companies, investment funds, installment sellers, mortgage servicers, sales finance companies, and leasing companies.
    (l) If a record was communicated to the filing office for filing before the effective date of this Section and its communication would have constituted a violation of subsection (a) if it had occurred on or after the effective date of the Section: (i) subsections (b) and (c) are not applicable; and (ii) the other subsections of this Section are applicable.
(Source: P.A. 97-836, eff. 7-20-12.)

810 ILCS 5/9-502

    (810 ILCS 5/9-502) (from Ch. 26, par. 9-502)
    Sec. 9-502. Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.
    (a) Sufficiency of financing statement. Subject to subsection (b), a financing statement is sufficient only if it:
        (1) provides the name of the debtor;
        (2) provides the name of the secured party or a
    
representative of the secured party; and
        (3) indicates the collateral covered by the financing
    
statement.
    (b) Real-property-related financing statements. Except as otherwise provided in Section 9-501(b), to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or which is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy subsection (a) and also:
        (1) indicate that it covers this type of collateral;
        (2) indicate that it is to be filed in the real
    
property records;
        (3) provide a description of the real property to
    
which the collateral is related sufficient to give constructive notice of a mortgage under the law of this State if the description were contained in a record of the mortgage of the real property; and
        (4) if the debtor does not have an interest of record
    
in the real property, provide the name of a record owner.
    (c) Record of mortgage as financing statement. A record of a mortgage is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if:
        (1) the record indicates the goods or accounts that
    
it covers;
        (2) the goods are or are to become fixtures related
    
to the real property described in the record or the collateral is related to the real property described in the record and is as-extracted collateral or timber to be cut;
        (3) the record satisfies the requirements for a
    
financing statement in this Section, but:
            (A) the record need not indicate that it is to be
        
filed in the real property records; and
            (B) the record sufficiently provides the name of
        
a debtor who is an individual if it provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is an individual to whom Section 9-503(a)(4) applies; and
        (4) the record is recorded.
    (d) Filing before security agreement or attachment. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-503

    (810 ILCS 5/9-503) (from Ch. 26, par. 9-503)
    Sec. 9-503. Name of debtor and secured party.
    (a) Sufficiency of debtor's name. A financing statement sufficiently provides the name of the debtor:
        (1) except as otherwise provided in paragraph (3), if
    
the debtor is a registered organization or the collateral is held in a trust that is a registered organization, only if the financing statement provides the name that is stated to be the registered organization's name on the public organic record most recently filed with or issued or enacted by the registered organization's jurisdiction of organization which purports to state, amend, or restate the registered organization's name;
        (2) subject to subsection (f), if the collateral is
    
being administered by the personal representative of a decedent, only if the financing statement provides, as the name of the debtor, the name of the decedent and, in a separate part of the financing statement, indicates that the collateral is being administered by a personal representative;
        (3) if the collateral is held in a trust that is not
    
a registered organization, only if the financing statement:
            (A) provides, as the name of the debtor:
                (i) if the organic record of the trust
            
specifies a name for the trust, the name specified; or
                (ii) if the organic record of the trust does
            
not specify a name for the trust, the name of the settlor or testator; and
            (B) in a separate part of the financing
        
statement:
                (i) if the name is provided in accordance
            
with subparagraph (A)(i), indicates that the collateral is held in a trust; or
                (ii) if the name is provided in accordance
            
with subparagraph (A)(ii), provides additional information sufficient to distinguish the trust from other trusts having one or more of the same settlors or the same testator and indicates that the collateral is held in a trust, unless the additional information so indicates;
        (4) subject to subsection (g), if the debtor is an
    
individual to whom this State has issued a driver's license that has not expired, only if the financing statement provides the name of the individual which is indicated on the driver's license;
        (5) if the debtor is an individual to whom paragraph
    
(4) does not apply, only if the financing statement provides the individual name of the debtor or the surname and first personal name of the debtor; and
        (6) in other cases:
            (A) if the debtor has a name, only if the
        
financing statement provides the organizational name of the debtor; and
            (B) if the debtor does not have a name, only if
        
it provides the names of the partners, members, associates, or other persons comprising the debtor, in a manner that each name provided would be sufficient if the person named were the debtor.
    (b) Additional debtor-related information. A financing statement that provides the name of the debtor in accordance with subsection (a) is not rendered ineffective by the absence of:
        (1) a trade name or other name of the debtor; or
        (2) unless required under subsection (a)(6)(B), names
    
of partners, members, associates, or other persons comprising the debtor.
    (c) Debtor's trade name insufficient. A financing statement that provides only the debtor's trade name does not sufficiently provide the name of the debtor.
    (d) Representative capacity. Failure to indicate the representative capacity of a secured party or representative of a secured party does not affect the sufficiency of a financing statement.
    (e) Multiple debtors and secured parties. A financing statement may provide the name of more than one debtor and the name of more than one secured party.
    (f) Name of decedent. The name of the decedent indicated on the order appointing the personal representative of the decedent issued by the court having jurisdiction over the collateral is sufficient as the "name of the decedent" under subsection (a)(2).
    (g) Multiple driver's licenses. If this State has issued to an individual more than one driver's license of a kind described in subsection (a)(4), the one that was issued most recently is the one to which subsection (a)(4) refers.
    (h) Definition. In this Section, the "name of the settlor or testator" means:
        (1) if the settlor is a registered organization, the
    
name that is stated to be the settlor's name on the public organic record most recently filed with or issued or enacted by the settlor's jurisdiction of organization which purports to state, amend, or restate the settlor's name; or
        (2) in other cases, the name of the settlor or
    
testator indicated in the trust's organic record.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-504

    (810 ILCS 5/9-504) (from Ch. 26, par. 9-504)
    Sec. 9-504. Indication of collateral. A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:
        (1) a description of the collateral pursuant to
    
Section 9-108; or
        (2) an indication that the financing statement covers
    
all assets or all personal property.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-505

    (810 ILCS 5/9-505) (from Ch. 26, par. 9-505)
    Sec. 9-505. Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions.
    (a) Use of terms other than "debtor" and "secured party." A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in Section 9-311(a), using the terms "consignor", "consignee", "lessor", "lessee", "bailor", "bailee", "licensor", "licensee", "owner", "registered owner", "buyer", "seller", or words of similar import, instead of the terms "secured party" and "debtor".
    (b) Effect of financing statement under subsection (a). This part applies to the filing of a financing statement under subsection (a) and, as appropriate, to compliance that is equivalent to filing a financing statement under Section 9-311(b), but the filing or compliance is not of itself a factor in determining whether the collateral secures an obligation. If it is determined for another reason that the collateral secures an obligation, a security interest held by the consignor, lessor, bailor, licensor, owner, or buyer which attaches to the collateral is perfected by the filing or compliance.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-506

    (810 ILCS 5/9-506) (from Ch. 26, par. 9-506)
    Sec. 9-506. Effect of errors or omissions.
    (a) Minor errors and omissions. A financing statement substantially satisfying the requirements of this Part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading.
    (b) Financing statement seriously misleading. Except as otherwise provided in subsection (c), a financing statement that fails sufficiently to provide the name of the debtor in accordance with Section 9-503(a) is seriously misleading.
    (c) Financing statement not seriously misleading. If a search of the records of the filing office under the debtor's correct name, using the filing office's standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with Section 9-503(a), the name provided does not make the financing statement seriously misleading.
    (d) "Debtor's correct name." For purposes of Section 9-508(b), the "debtor's correct name" in subsection (c) means the correct name of the new debtor.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-507

    (810 ILCS 5/9-507) (from Ch. 26, par. 9-507)
    Sec. 9-507. Effect of certain events on effectiveness of financing statement.
    (a) Disposition. A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition.
    (b) Information becoming seriously misleading. Except as otherwise provided in subsection (c) and Section 9-508, a financing statement is not rendered ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under Section 9-506.
    (c) Change in debtor's name. If the name that a filed financing statement provides for a debtor becomes insufficient as the name of the debtor under Section 9-503(a) so that the financing statement becomes seriously misleading under Section 9-506:
        (1) the financing statement is effective to perfect a
    
security interest in collateral acquired by the debtor before, or within four months after, the filed financing statement becomes seriously misleading; and
        (2) the financing statement is not effective to
    
perfect a security interest in collateral acquired by the debtor more than four months after the filed financing statement becomes seriously misleading, unless an amendment to the financing statement which renders the financing statement not seriously misleading is filed within four months after the filed financing statement becomes seriously misleading.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-508

    (810 ILCS 5/9-508)
    Sec. 9-508. Effectiveness of financing statement if new debtor becomes bound by security agreement.
    (a) Financing statement naming original debtor. Except as otherwise provided in this Section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral.
    (b) Financing statement becoming seriously misleading. If the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under subsection (a) to be seriously misleading under Section 9-506:
        (1) the financing statement is effective to perfect a
    
security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under Section 9-203(d); and
        (2) the financing statement is not effective to
    
perfect a security interest in collateral acquired by the new debtor more than four months after the new debtor becomes bound under Section 9-203(d) unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time.
    (c) When Section not applicable. This Section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under Section 9-507(a).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-509

    (810 ILCS 5/9-509)
    Sec. 9-509. Persons entitled to file a record.
    (a) Person entitled to file record. A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:
        (1) the debtor authorizes the filing in an
    
authenticated record or pursuant to subsection (b) or (c); or
        (2) the person holds an agricultural lien that has
    
become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
    (b) Security agreement as authorization. By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
        (1) the collateral described in the security
    
agreement; and
        (2) property that becomes collateral under Section
    
9-315(a)(2), whether or not the security agreement expressly covers proceeds.
    (c) Acquisition of collateral as authorization. By acquiring collateral in which a security interest or agricultural lien continues under Section 9-315(a)(1), a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under Section 9-315(a)(2).
    (d) Person entitled to file certain amendments. A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:
        (1) the secured party of record authorizes the
    
filing; or
        (2) the amendment is a termination statement for a
    
financing statement as to which the secured party of record has failed to file or send a termination statement as required by Section 9-513(a) or (c), the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed.
    (e) Multiple secured parties of record. If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection (d).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-510

    (810 ILCS 5/9-510)
    Sec. 9-510. Effectiveness of filed record.
    (a) Filed record effective if authorized. A filed record is effective only to the extent that it was filed by a person that may file it under Section 9-509.
    (b) Authorization by one secured party of record. A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record.
    (c) Continuation statement not timely filed. A continuation statement that is not filed within the six-month period prescribed by Section 9-515(d) is ineffective.
    (d) A filed record ceases to be effective if the filing office terminates the record pursuant to Section 9-501.1.
(Source: P.A. 97-836, eff. 7-20-12.)

810 ILCS 5/9-511

    (810 ILCS 5/9-511)
    Sec. 9-511. Secured party of record.
    (a) Secured party of record. A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under Section 9-514(a), the assignee named in the initial financing statement is the secured party of record with respect to the financing statement.
    (b) Amendment naming secured party of record. If an amendment of a financing statement which provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under Section 9-514(b), the assignee named in the amendment is a secured party of record.
    (c) Amendment deleting secured party of record. A person remains a secured party of record until the filing of an amendment of the financing statement which deletes the person.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-512

    (810 ILCS 5/9-512)
    Sec. 9-512. Amendment of financing statement.
    (a) Amendment of information in financing statement. Subject to Section 9-509, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to subsection (e), otherwise amend the information provided in, a financing statement by filing an amendment that:
        (1) identifies, by its file number, the initial
    
financing statement to which the amendment relates; and
        (2) if the amendment relates to an initial financing
    
statement filed or recorded in a filing office described in Section 9-501(a)(1), provides the date and time that the initial financing statement was filed and the information specified in Section 9-502(b).
    (b) Period of effectiveness not affected. Except as otherwise provided in Section 9-515, the filing of an amendment does not extend the period of effectiveness of the financing statement.
    (c) Effectiveness of amendment adding collateral. A financing statement that is amended by an amendment that adds collateral is effective as to the added collateral only from the date of the filing of the amendment.
    (d) Effectiveness of amendment adding debtor. A financing statement that is amended by an amendment that adds a debtor is effective as to the added debtor only from the date of the filing of the amendment.
    (e) Certain amendments ineffective. An amendment is ineffective to the extent it:
        (1) purports to delete all debtors and fails to
    
provide the name of a debtor to be covered by the financing statement; or
        (2) purports to delete all secured parties of record
    
and fails to provide the name of a new secured party of record.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-513

    (810 ILCS 5/9-513)
    Sec. 9-513. Termination statement.
    (a) Consumer goods. A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and:
        (1) there is no obligation secured by the collateral
    
covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or
        (2) the debtor did not authorize the filing of the
    
initial financing statement.
    (b) Time for compliance with subsection (a). To comply with subsection (a), a secured party shall cause the secured party of record to file the termination statement:
        (1) within one month after there is no obligation
    
secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or
        (2) if earlier, within 20 days after the secured
    
party receives an authenticated demand from a debtor.
    (c) Other collateral. In cases not governed by subsection (a), within 20 days after a secured party receives an authenticated demand from a debtor, the secured party shall cause the secured party of record for a financing statement to send to the debtor a termination statement for the financing statement or file the termination statement in the filing office if:
        (1) except in the case of a financing statement
    
covering accounts or chattel paper that has been sold or goods that are the subject of a consignment, there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value;
        (2) the financing statement covers accounts or
    
chattel paper that has been sold but as to which the account debtor or other person obligated has discharged its obligation;
        (3) the financing statement covers goods that were
    
the subject of a consignment to the debtor but are not in the debtor's possession; or
        (4) the debtor did not authorize the filing of the
    
initial financing statement.
    (d) Effect of filing termination statement. Except as otherwise provided in Section 9-510, upon the filing of a termination statement with the filing office, the financing statement to which the termination statement relates ceases to be effective. Except as otherwise provided in Section 9-510, for purposes of Sections 9-519(g), 9-522(a), and 9-523(c) the filing with the filing office of a termination statement relating to a financing statement that indicates that the debtor is a transmitting utility also causes the effectiveness of the financing statement to lapse.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-514

    (810 ILCS 5/9-514)
    Sec. 9-514. Assignment of powers of secured party of record.
    (a) Assignment reflected on initial financing statement. Except as otherwise provided in subsection (c), an initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party.
    (b) Assignment of filed financing statement. Except as otherwise provided in subsection (c), a secured party of record may assign of record all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement which:
        (1) identifies, by its file number, the initial
    
financing statement to which it relates;
        (2) provides the name of the assignor; and
        (3) provides the name and mailing address of the
    
assignee.
    (c) Assignment of record of mortgage. An assignment of record of a security interest in a fixture covered by a record of a mortgage which is effective as a financing statement filed as a fixture filing under Section 9-502(c) may be made only by an assignment of record of the mortgage in the manner provided by law of this State other than the Uniform Commercial Code.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-515

    (810 ILCS 5/9-515)
    Sec. 9-515. Duration and effectiveness of financing statement; effect of lapsed financing statement.
    (a) Five-year effectiveness. Except as otherwise provided in subsections (b), (e), (f), and (g), a filed financing statement is effective for a period of five years after the date of filing.
    (b) Public-finance or manufactured-home transaction. Except as otherwise provided in subsections (e), (f), and (g), an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of 30 years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction.
    (c) Lapse and continuation of financing statement. The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (d). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value.
    (d) When continuation statement may be filed. A continuation statement may be filed only within six months before the expiration of the five-year period specified in subsection (a) or the 30-year period specified in subsection (b), whichever is applicable.
    (e) Effect of filing continuation statement. Except as otherwise provided in Section 9-510, upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of five years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the five-year period, the financing statement lapses in the same manner as provided in subsection (c), unless, before the lapse, another continuation statement is filed pursuant to subsection (d). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.
    (f) Transmitting utility financing statement. If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed.
    (g) Record of mortgage as financing statement. A record of a mortgage that is effective as a financing statement filed as a fixture filing under Section 9-502(c) remains effective as a financing statement filed as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-516

    (810 ILCS 5/9-516)
    Sec. 9-516. What constitutes filing; effectiveness of filing.
    (a) What constitutes filing. Except as otherwise provided in subsection (b), communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.
    (b) Refusal to accept record; filing does not occur. Filing does not occur with respect to a record that a filing office refuses to accept because:
        (1) the record is not communicated by a method or
    
medium of communication authorized by the filing office;
        (2) an amount equal to or greater than the applicable
    
filing fee is not tendered;
        (3) the filing office is unable to index the record
    
because:
            (A) in the case of an initial financing
        
statement, the record does not provide a name for the debtor;
            (B) in the case of an amendment or information
        
statement, the record:
                (i) does not identify the initial financing
            
statement as required by Section 9-512 or 9-518, as applicable;
                (ii) identifies an initial financing
            
statement whose effectiveness has lapsed under Section 9-515; or
                (iii) identifies an initial financing
            
statement which was terminated pursuant to Section 9-501.1;
            (C) in the case of an initial financing statement
        
that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's surname;
            (D) in the case of a record filed or recorded in
        
the filing office described in Section 9-501(a)(1), the record does not provide a sufficient description of the real property to which it relates; or
            (E) in the case of a record submitted to the
        
filing office described in Section 9-501(a)(1), the filing office has reason to believe, from information contained in the record or from the person that communicated the record to the office, that: (i) if the record indicates that the debtor is a transmitting utility, the debtor does not meet the definition of a transmitting utility as described in Section 9-102(a)(81); (ii) if the record indicates that the transaction relating to the record is a manufactured-home transaction, the transaction does not meet the definition of a manufactured-home transaction as described in Section 9-102(a)(54); or (iii) if the record indicates that the transaction relating to the record is a public-finance transaction, the transaction does not meet the definition of a public-finance transaction as described in Section 9-102(a)(67);
        (3.5) in the case of an initial financing statement
    
or an amendment, if the filing office believes in good faith that the record was communicated to the filing office in violation of Section 9-501.1(a);
        (4) in the case of an initial financing statement or
    
an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;
        (5) in the case of an initial financing statement or
    
an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:
            (A) provide a mailing address for the debtor; or
            (B) indicate whether the name provided as the
        
name of the debtor is the name of an individual or an organization;
        (6) in the case of an assignment reflected in an
    
initial financing statement under Section 9-514(a) or an amendment filed under Section 9-514(b), the record does not provide a name and mailing address for the assignee; or
        (7) in the case of a continuation statement, the
    
record is not filed within the six-month period prescribed by Section 9-515(d).
    (c) Rules applicable to subsection (b). For purposes of subsection (b):
        (1) a record does not provide information if the
    
filing office is unable to read or decipher the information; and
        (2) a record that does not indicate that it is an
    
amendment or identify an initial financing statement to which it relates, as required by Section 9-512, 9-514, or 9-518, is an initial financing statement.
    (d) Refusal to accept record; record effective as filed record. A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection (b), is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.
    (e) The Secretary of State may refuse to accept a record for filing under subdivision (b)(3)(E) or (b)(3.5) only if the refusal is approved by the Department of Business Services of the Secretary of State and the General Counsel to the Secretary of State.
(Source: P.A. 97-836, eff. 7-20-12; 97-1034, eff. 7-1-13; 98-463, eff. 8-16-13.)

810 ILCS 5/9-517

    (810 ILCS 5/9-517)
    Sec. 9-517. Effect of indexing errors. The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-518

    (810 ILCS 5/9-518)
    Sec. 9-518. Claim concerning inaccurate or wrongfully filed record.
    (a) Statement with respect to record indexed under a person's name. A person may file in the filing office an information statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed.
    (b) Contents of statement under subsection (a). An information statement under subsection (a) must:
        (1) identify the record to which it relates by the
    
file number assigned to the initial financing statement to which the record relates;
        (2) indicate that it is an information statement; and
        (3) provide the basis for the person's belief that
    
the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.
    (c) Statement by secured party of record. A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under Section 9-509(d).
    (d) Contents of statement under subsection (c). An information statement under subsection (c) must:
        (1) identify the record to which it relates by the
    
file number assigned to the initial financing statement to which the record relates;
        (2) indicate that it is an information statement; and
        (3) provide the basis for the person's belief that
    
the person that filed the record was not entitled to do so under Section 9-509(d).
    (e) Record not affected by information statement. The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/Art. 9 Pt. 5 Sub. 2

 
    (810 ILCS 5/Art. 9 Pt. 5 Sub. 2 heading)
SUBPART 2. DUTIES AND OPERATION OF FILING OFFICE

810 ILCS 5/9-519

    (810 ILCS 5/9-519)
    Sec. 9-519. Numbering, maintaining, and indexing records; communicating information provided in records.
    (a) Filing office duties. For each record filed in a filing office, the filing office shall:
        (1) assign a unique number to the filed record;
        (2) create a record, which may be electronic,
    
microfilm, or otherwise, that bears the number assigned to the filed record and the date and time of filing;
        (3) maintain the filed record for public inspection;
    
and
        (4) index the filed record in accordance with
    
subsections (c), (d), and (e).
    (b) File number. A file number assigned after January 1, 2002, must include a digit that:
        (1) is mathematically derived from or related to the
    
other digits of the file number; and
        (2) aids the filing office in determining whether a
    
number communicated as the file number includes a single-digit or transpositional error.
    (c) Indexing: general. Except as otherwise provided in subsections (d) and (e), the filing office shall:
        (1) index an initial financing statement according to
    
the name of the debtor and index all filed records relating to the initial financing statement in a manner that associates with one another an initial financing statement and all filed records relating to the initial financing statement; and
        (2) index a record that provides a name of a debtor
    
which was not previously provided in the financing statement to which the record relates also according to the name that was not previously provided.
    (d) Indexing: real-property-related financing statement. If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, it must be filed for record and the filing office shall index it:
        (1) under the names of the debtor and of each owner
    
of record shown on the financing statement as if they were the mortgagors under a mortgage of the real property described; and
        (2) to the extent that the law of this State provides
    
for indexing of records of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee thereunder, or, if indexing is by description, as if the financing statement were a record of a mortgage of the real property described.
    (e) Indexing: real-property-related assignment. If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, the filing office shall index an assignment filed under Section 9-514(a) or an amendment filed under Section 9-514(b):
        (1) under the name of the assignor as grantor; and
        (2) to the extent that the law of this State provides
    
for indexing a record of the assignment of a mortgage under the name of the assignee, under the name of the assignee.
    (f) Retrieval and association capability. The filing office shall maintain a capability:
        (1) to retrieve a record by the name of the debtor
    
and by the file number assigned to the initial financing statement to which the record relates; and
        (2) to associate and retrieve with one another an
    
initial financing statement and each filed record relating to the initial financing statement.
    (g) Removal of debtor's name. The filing office may not remove a debtor's name from the index until one year after the effectiveness of a financing statement naming the debtor lapses under Section 9-515 with respect to all secured parties of record.
    (h) Timeliness of filing office performance. The filing office shall perform the acts required by subsections (a) through (e) at the time and in the manner prescribed by filing-office rule, but not later than two business days after the filing office receives the record in question.
    (i) Inapplicability to real-property-related filing office. Subsections (b) and (h) do not apply to a filing office described in Section 9-501(a)(1).
    (j) Unless a statute on disposition of public records provides otherwise, if the filing officer has an electronic, microfilm, or other image record to be maintained of the financing statement, continuation statement, statement of assignment, statement of release, termination statement, or any other related document, he or she may remove and destroy the original paper submission.
(Source: P.A. 91-893, eff. 7-1-01; 92-33, eff. 7-1-01.)

810 ILCS 5/9-520

    (810 ILCS 5/9-520)
    Sec. 9-520. Acceptance and refusal to accept record.
    (a) Mandatory refusal to accept record. A filing office shall refuse to accept a record for filing for a reason set forth in Section 9-516(b) and may refuse to accept a record for filing only for a reason set forth in Section 9-516(b).
    (b) Communication concerning refusal. If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule, but in the case of a filing office described in Section 9-501(a)(2), in no event more than two business days after the filing office receives the record.
    (c) When filed financing statement effective. A filed financing statement satisfying Section 9-502(a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a). However, Section 9-338 applies to a filed financing statement providing information described in Section 9-516(b)(5) which is incorrect at the time the financing statement is filed.
    (d) Separate application to multiple debtors. If a record communicated to a filing office provides information that relates to more than one debtor, this Part applies as to each debtor separately.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-521

    (810 ILCS 5/9-521)
    Sec. 9-521. Uniform form of written financing statement and amendment.
    (a) Initial financing statement form. A filing office that accepts written records may not refuse to accept a written initial financing statement in the form and format set forth in the official text of the 2010 amendments to Article 9 of the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws, except for a reason set forth in Section 9-516(b).
    (b) Amendment form. A filing office that accepts written records may not refuse to accept a written record in the form and format set forth as Form UCC3 and Form UCC3Ad in the final official text of the 2010 amendments to Article 9 of the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws, except for a reason set forth in Section 9-516(b).
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-522

    (810 ILCS 5/9-522)
    Sec. 9-522. Maintenance and destruction of records.
    (a) Post-lapse maintenance and retrieval of information. The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under Section 9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and:
        (1) if the record was filed in the filing office
    
described in Section 9-501(a)(1), by using the file number assigned to the initial financing statement to which the record relates and the date and time that the record was filed or recorded; or
        (2) if the record was filed in the filing office
    
described in Section 9-501(a)(2), by using the file number assigned to the initial financing statement to which the record relates.
    (b) Destruction of written records. Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-523

    (810 ILCS 5/9-523)
    Sec. 9-523. Information from filing office; sale or license of records.
    (a) Acknowledgment of filing written record. If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to Section 9-519(a)(1) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:
        (1) note upon the copy the number assigned to the
    
record pursuant to Section 9-519(a)(1) and the date and time of the filing of the record; and
        (2) send the copy to the person.
    (b) Acknowledgment of filing other record. If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:
        (1) the information in the record;
        (2) the number assigned to the record pursuant to
    
Section 9-519(a)(1); and
        (3) the date and time of the filing of the record.
    (c) Communication of requested information. The filing office shall communicate or otherwise make available in a record the following information to any person that requests it:
        (1) whether there is on file on a date and time
    
specified by the filing office, but not a date earlier than three business days before the filing office receives the request, any financing statement that:
            (A) designates a particular debtor or, if the
        
request so states, designates a particular debtor at the address specified in the request;
            (B) has not lapsed under Section 9-515 with
        
respect to all secured parties of record; and
            (C) if the request so states, has lapsed under
        
Section 9-515 and a record of which is maintained by the filing office under Section 9-522(a);
        (2) the date and time of filing of each financing
    
statement; and
        (3) the information provided in each financing
    
statement.
    (d) Medium for communicating information. In complying with its duty under subsection (c), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of this State without extrinsic evidence of its authenticity.
    (e) Timeliness of filing office performance. The filing office shall perform the acts required by subsections (a) through (d) at the time and in the manner prescribed by filing-office rule, but in the case of a filing office described in Section 9-501(a)(2), not later than two business days after the filing office receives the request.
    (f) Public availability of records. At least weekly, the Secretary of State shall offer to sell or license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under this Part, in every medium from time to time available to the filing office.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-524

    (810 ILCS 5/9-524)
    Sec. 9-524. Delay by filing office. Delay by the filing office beyond a time limit prescribed by this Part is excused if:
        (1) the delay is caused by interruption of
    
communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and
        (2) the filing office exercises reasonable diligence
    
under the circumstances.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-525

    (810 ILCS 5/9-525)
    Sec. 9-525. Fees.
    (a) Initial financing statement or other record: general rule. Except as otherwise provided in subsection (e), the fee for filing and indexing a record under this Part, other than an initial financing statement of the kind described in subsection (b), is:
        (1) $20 if the record is communicated in writing and
    
consists of one or two pages;
        (2) $20 if the record is communicated in writing and
    
consists of more than two pages; and
        (3) $20 if the record is communicated by another
    
medium authorized by filing-office rule.
    (b) Initial financing statement: public-finance and manufactured-housing transactions. Except as otherwise provided in subsection (e), the fee for filing and indexing an initial financing statement of the following kind is:
        (1) $20 if the financing statement indicates that it
    
is filed in connection with a public-finance transaction;
        (2) $20 if the financing statement indicates that it
    
is filed in connection with a manufactured-home transaction.
    (c) Number of names. The number of names required to be indexed does not affect the amount of the fee in subsections (a) and (b).
    (d) Response to information request. The fee for responding to a request for information from the filing office, including for issuing a certificate showing communicating whether there is on file any financing statement naming a particular debtor, is:
        (1) $10 if the request is communicated in writing; and
        (2) $10 if the request is communicated by another
    
medium authorized by filing-office rule.
    (e) Record of mortgage. This Section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under Section 9-502(c). However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.
    (f) Of the total money collected for each filing with the Secretary of State of an original financing statement, amended statement, continuation, or assignment, or for a release of collateral, $12 of the filing fee shall be paid into the Secretary of State Special Services Fund. The remaining $8 shall be deposited into the General Revenue Fund in the State treasury.
(Source: P.A. 93-990, eff. 8-23-04.)

810 ILCS 5/9-526

    (810 ILCS 5/9-526)
    Sec. 9-526. Filing-office rules.
    (a) Adoption of filing-office rules. The Secretary of State shall adopt and publish rules to implement this Article. The filing-office rules must be:
        (1) consistent with this Article; and
        (2) adopted and published in accordance with the
    
Illinois Administrative Procedure Act.
    (b) Harmonization of rules. To keep the filing-office rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this Part, and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this Part, the Secretary of State, so far as is consistent with the purposes, policies, and provisions of this Article, in adopting, amending, and repealing filing-office rules, shall:
        (1) consult with filing offices in other
    
jurisdictions that enact substantially this Part; and
        (2) consult the most recent version of the Model
    
Rules promulgated by the International Association of Corporate Administrators or any successor organization; and
        (3) take into consideration the rules and practices
    
of, and the technology used by, filing offices in other jurisdictions that enact substantially this Part.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-527

    (810 ILCS 5/9-527)
    Sec. 9-527. Duty to report. The Secretary of State shall report annually to the Governor and Legislature on the operation of the filing office. The report must contain a statement of the extent to which:
        (1) the filing-office rules are not in harmony with
    
the rules of filing offices in other jurisdictions that enact substantially this Part and the reasons for these variations; and
        (2) the filing-office rules are not in harmony with
    
the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators, or any successor organization, and the reasons for these variations.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-528

    (810 ILCS 5/9-528)
    Sec. 9-528. Liability of filing officer. Neither the filing officer nor any of the filing officer's employees or agents shall be subject to personal liability by reason of any error or omission in the performance of any duty under this Article except in the case of willful and wanton conduct.
(Source: P.A. 92-33, eff. 7-1-01.)

810 ILCS 5/Art. 9 Pt. 6

 
    (810 ILCS 5/Art. 9 Pt. 6 heading)
PART 6. DEFAULT

810 ILCS 5/Art. 9 Pt. 6 Sub. 1

 
    (810 ILCS 5/Art. 9 Pt. 6 Sub. 1 heading)
SUBPART 1. DEFAULT AND ENFORCEMENT
OF SECURITY INTEREST

810 ILCS 5/9-601

    (810 ILCS 5/9-601)
    Sec. 9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.
    (a) Rights of secured party after default. After default, a secured party has the rights provided in this Part and, except as otherwise provided in Section 9-602, those provided by agreement of the parties. A secured party:
        (1) may reduce a claim to judgment, foreclose, or
    
otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
        (2) if the collateral is documents, may proceed
    
either as to the documents or as to the goods they cover.
    (b) Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under Section 7-106, 9-104, 9-105, 9-106, or 9-107 has the rights and duties provided in Section 9-207.
    (c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.
    (d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and Section 9-605, after default, a debtor and an obligor have the rights provided in this Part and by agreement of the parties.
    (e) Lien of levy after judgment. If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of a judgment relates back to the earliest of:
        (1) the date of perfection of the security interest
    
or agricultural lien in the collateral;
        (2) the date of filing a financing statement covering
    
the collateral; or
        (3) any date specified in a statute under which the
    
agricultural lien was created.
    (f) Execution sale. A sale pursuant to a judgment is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this Section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this Article.
    (g) Consignor or buyer of certain rights to payment. Except as otherwise provided in Section 9-607(c), this Part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
(Source: P.A. 95-895, eff. 1-1-09.)

810 ILCS 5/9-602

    (810 ILCS 5/9-602)
    Sec. 9-602. Waiver and variance of rights and duties. Except as otherwise provided in Section 9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed Sections:
        (1) Section 9-207(b)(4)(C), which deals with use and
    
operation of the collateral by the secured party;
        (2) Section 9-210, which deals with requests for an
    
accounting and requests concerning a list of collateral and statement of account;
        (3) Section 9-607(c), which deals with collection and
    
enforcement of collateral;
        (4) Sections 9-608(a) and 9-615(c) to the extent that
    
they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
        (5) Sections 9-608(a) and 9-615(d) to the extent that
    
they require accounting for or payment of surplus proceeds of collateral;
        (6) Section 9-609 to the extent that it imposes upon
    
a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;
        (7) Sections 9-610(b), 9-611, 9-613, and 9-614, which
    
deal with disposition of collateral;
        (8) Section 9-615(f), which deals with calculation of
    
a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;
        (9) Section 9-616, which deals with explanation of
    
the calculation of a surplus or deficiency;
        (10) Sections 9-620, 9-621, and 9-622, which deal
    
with acceptance of collateral in satisfaction of obligation;
        (11) Section 9-623, which deals with redemption of
    
collateral;
        (12) Section 9-624, which deals with permissible
    
waivers; and
        (13) Sections 9-625 and 9-626, which deal with the
    
secured party's liability for failure to comply with this Article.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-603

    (810 ILCS 5/9-603)
    Sec. 9-603. Agreement on standards concerning rights and duties.
    (a) Agreed standards. The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in Section 9-602 if the standards are not manifestly unreasonable.
    (b) Agreed standards inapplicable to breach of peace. Subsection (a) does not apply to the duty under Section 9-609 to refrain from breaching the peace.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-604

    (810 ILCS 5/9-604)
    Sec. 9-604. Procedure if security agreement covers real property or fixtures.
    (a) Enforcement: personal and real property. If a security agreement covers both personal and real property, a secured party may proceed:
        (1) under this Part as to the personal property
    
without prejudicing any rights with respect to the real property; or
        (2) as to both the personal property and the real
    
property in accordance with the rights with respect to the real property, in which case the other provisions of this Part do not apply.
    (b) Enforcement: fixtures. Subject to subsection (c), if a security agreement covers goods that are or become fixtures, a secured party may proceed:
        (1) under this Part; or
        (2) in accordance with the rights with respect to
    
real property, in which case the other provisions of this Part do not apply.
    (c) Removal of fixtures. Subject to the other provisions of this Part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.
    (d) Injury caused by removal. A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-605

    (810 ILCS 5/9-605)
    Sec. 9-605. Unknown debtor or secondary obligor. A secured party does not owe a duty based on its status as secured party:
        (1) to a person that is a debtor or obligor, unless
    
the secured party knows:
            (A) that the person is a debtor or obligor;
            (B) the identity of the person; and
            (C) how to communicate with the person; or
        (2) to a secured party or lienholder that has filed a
    
financing statement against a person, unless the secured party knows:
            (A) that the person is a debtor; and
            (B) the identity of the person.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-606

    (810 ILCS 5/9-606)
    Sec. 9-606. Time of default for agricultural lien. For purposes of this Part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-607

    (810 ILCS 5/9-607)
    Sec. 9-607. Collection and enforcement by secured party.
    (a) Collection and enforcement generally. If so agreed, and in any event after default, a secured party:
        (1) may notify an account debtor or other person
    
obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;
        (2) may take any proceeds to which the secured party
    
is entitled under Section 9-315;
        (3) may enforce the obligations of an account debtor
    
or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral;
        (4) if it holds a security interest in a deposit
    
account perfected by control under Section 9-104(a)(1), may apply the balance of the deposit account to the obligation secured by the deposit account; and
        (5) if it holds a security interest in a deposit
    
account perfected by control under Section 9-104(a)(2) or (3), may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.
    (b) Nonjudicial enforcement of mortgage. If necessary to enable a secured party to exercise under subsection (a)(3) the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded:
        (1) a copy of the security agreement that creates or
    
provides for a security interest in the obligation secured by the mortgage; and
        (2) the secured party's sworn affidavit in recordable
    
form stating that:
            (A) a default has occurred with respect to the
        
obligation secured by the mortgage; and
            (B) the secured party is entitled to enforce the
        
mortgage nonjudicially.
    (c) Commercially reasonable collection and enforcement. A secured party shall proceed in a commercially reasonable manner if the secured party:
        (1) undertakes to collect from or enforce an
    
obligation of an account debtor or other person obligated on collateral; and
        (2) is entitled to charge back uncollected collateral
    
or otherwise to full or limited recourse against the debtor or a secondary obligor.
    (d) Expenses of collection and enforcement. A secured party may deduct from the collections made pursuant to subsection (c) reasonable expenses of collection and enforcement, including reasonable attorney's fees and legal expenses incurred by the secured party.
    (e) Duties to secured party not affected. This Section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-608

    (810 ILCS 5/9-608)
    Sec. 9-608. Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.
    (a) Application of proceeds, surplus, and deficiency if obligation secured. If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:
        (1) A secured party shall apply or pay over for
    
application the cash proceeds of collection or enforcement under Section 9-607 in the following order to:
            (A) the reasonable expenses of collection and
        
enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party;
            (B) the satisfaction of obligations secured by
        
the security interest or agricultural lien under which the collection or enforcement is made; and
            (C) the satisfaction of obligations secured by
        
any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives an authenticated demand for proceeds before distribution of the proceeds is completed.
        (2) If requested by a secured party, a holder of a
    
subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holder's demand under paragraph (1)(C).
        (3) A secured party need not apply or pay over for
    
application noncash proceeds of collection and enforcement under Section 9-607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.
        (4) A secured party shall account to and pay a debtor
    
for any surplus, and the obligor is liable for any deficiency.
    (b) No surplus or deficiency in sales of certain rights to payment. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-609

    (810 ILCS 5/9-609)
    Sec. 9-609. Secured party's right to take possession after default.
    (a) Possession; rendering equipment unusable; disposition on debtor's premises. After default, a secured party:
        (1) may take possession of the collateral; and
        (2) without removal, may render equipment unusable
    
and dispose of collateral on a debtor's premises under Section 9-610.
    (b) Judicial and nonjudicial process. A secured party may proceed under subsection (a):
        (1) pursuant to judicial process; or
        (2) without judicial process, if it proceeds without
    
breach of the peace.
    (c) Assembly of collateral. If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-610

    (810 ILCS 5/9-610)
    Sec. 9-610. Disposition of collateral after default.
    (a) Disposition after default. After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.
    (b) Commercially reasonable disposition. Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms.
    (c) Purchase by secured party. A secured party may purchase collateral:
        (1) at a public disposition; or
        (2) at a private disposition only if the collateral
    
is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.
    (d) Warranties on disposition. A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract.
    (e) Disclaimer of warranties. A secured party may disclaim or modify warranties under subsection (d):
        (1) in a manner that would be effective to disclaim
    
or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or
        (2) by communicating to the purchaser a record
    
evidencing the contract for disposition and including an express disclaimer or modification of the warranties.
    (f) Record sufficient to disclaim warranties. A record is sufficient to disclaim warranties under subsection (e) if it indicates "There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition" or uses words of similar import.
    (g) The provisions of this Section are subject to Section 26.5 of the Retail Installment Sales Act.
(Source: P.A. 97-913, eff. 1-1-13.)

810 ILCS 5/9-611

    (810 ILCS 5/9-611)
    Sec. 9-611. Notification before disposition of collateral.
    (a) "Notification date." In this Section, "notification date" means the earlier of the date on which:
        (1) a secured party sends to the debtor and any
    
secondary obligor an authenticated notification of disposition; or
        (2) the debtor and any secondary obligor waive the
    
right to notification.
    (b) Notification of disposition required. Except as otherwise provided in subsection (d), a secured party that disposes of collateral under Section 9-610 shall send to the persons specified in subsection (c) a reasonable authenticated notification of disposition.
    (c) Persons to be notified. To comply with subsection (b), the secured party shall send an authenticated notification of disposition to:
        (1) the debtor;
        (2) any secondary obligor; and
        (3) if the collateral is other than consumer goods:
            (A) any other person from which the secured party
        
has received, before the notification date, an authenticated notification of a claim of an interest in the collateral;
            (B) any other secured party or lienholder that,
        
10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
                (i) identified the collateral;
                (ii) was indexed under the debtor's name as
            
of that date; and
                (iii) was filed in the office in which to
            
file a financing statement against the debtor covering the collateral as of that date; and
            (C) any other secured party that, 10 days before
        
the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in Section 9-311(a).
    (d) Subsection (b) inapplicable: perishable collateral; recognized market. Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.
    (e) Compliance with subsection (c)(3)(B). A secured party complies with the requirement for notification prescribed by subsection (c)(3)(B) if:
        (1) not later than 20 days or earlier than 30 days
    
before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor's name in the office indicated in subsection (c)(3)(B); and
        (2) before the notification date, the secured party:
            (A) did not receive a response to the request for
        
information; or
            (B) received a response to the request for
        
information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-612

    (810 ILCS 5/9-612)
    Sec. 9-612. Timeliness of notification before disposition of collateral.
    (a) Reasonable time is question of fact. Except as otherwise provided in subsection (b), whether a notification is sent within a reasonable time is a question of fact. The limitation of the rule in subsection (b) to transactions other than consumer-goods transactions is intended to leave to the court the determination of the proper rules in consumer-goods transactions. The court may not infer from that limitation the nature of the proper rule in consumer-goods transactions and may continue to apply established approaches.
    (b) 10-day period sufficient in non-consumer transaction. In a transaction other than a consumer transaction, a notification of disposition sent after default and 10 days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-613

    (810 ILCS 5/9-613)
    Sec. 9-613. Contents and form of notification before disposition of collateral: general. Except in a consumer-goods transaction, the following rules apply:
        (1) The contents of a notification of disposition are
    
sufficient if the notification:
            (A) describes the debtor and the secured party;
            (B) describes the collateral that is the subject
        
of the intended disposition;
            (C) states the method of intended disposition;
            (D) states that the debtor is entitled to an
        
accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
            (E) states the time and place of a public
        
disposition or the time after which any other disposition is to be made.
        (2) Whether the contents of a notification that lacks
    
any of the information specified in paragraph (1) are nevertheless sufficient is a question of fact.
        (3) The contents of a notification providing
    
substantially the information specified in paragraph (1) are sufficient, even if the notification is accompanied by or combined other notification or includes:
            (A) information not specified by that paragraph;
        
or
            (B) minor errors that are not seriously
        
misleading.
        (4) A particular phrasing of the notification is not
    
required.
        (5) The following form of notification and the form
    
appearing in Section 9-614(4), when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
        To: ..................................... (Name of
    
debtor, obligor, or other person to which the notification is sent)
        From: ................................... (Name,
    
address, and telephone number of secured party)
        Name of Debtor(s): ..................... (Include
    
only if debtor(s) are not an addressee)

 
        For a public disposition:
        We will sell or lease or license, as applicable, the
    
............................ (describe collateral) to the highest qualified bidder in public as follows:
        Day and Date: ...................................
        Time: ...........................................
        Place: ..........................................
 
        For a private disposition:
        We will sell (or lease or license, as applicable) the
    
........................... (describe collateral) privately sometime after ................ (day and date).
        You are entitled to an accounting of the unpaid
    
indebtedness secured by the property that we intend to sell or lease or license, as applicable for a charge of $................. You may request an accounting by calling us at .................. (telephone number).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-614

    (810 ILCS 5/9-614)
    Sec. 9-614. Contents and form of notification before disposition of collateral: consumer-goods transaction. In a consumer-goods transaction, the following rules apply:
        (1) A notification of disposition must provide the
    
following information:
            (A) the information specified in Section 9-613(1);
            (B) a description of any liability for a
        
deficiency of the person to which the notification is sent;
            (C) a telephone number from which the amount that
        
must be paid to the secured party to redeem the collateral under Section 9-623 is available; and
            (D) a telephone number or mailing address from
        
which additional information concerning the disposition and the obligation secured is available.
        (2) A particular phrasing of the notification is not
    
required.
        (3) The contents of a notification providing
    
substantially the information specified in paragraph (1) are sufficient, even if the notification:
            (A) is accompanied by or combined with other
        
notifications;
            (B) includes information not specified by that
        
paragraph; or
            (C) includes minor errors that are not seriously
        
misleading.
        (4) The following form of notification, when
    
completed, provides sufficient information:
    ............. (Name and address of secured party)
    ............. (Date)
NOTICE OF OUR PLAN TO SELL PROPERTY
    ......................................................
    (Name and address of any obligor who is also a debtor)
    Subject: ..................................
    (Identification of Transaction)
        We have your ..................... (describe
    
collateral), because you broke promises in our agreement.

 
        For a public disposition:
        We will sell ....................... (describe
    
collateral) at public sale. A sale could include a lease or license. The sale will be held as follows:
    Date:  ................................
    Time:  ................................
    Place: ................................
        You may attend the sale and bring bidders if you want.
 
        For a private disposition:
        We will sell ........................... (describe
    
collateral) at private sale sometime after .................... (date). A sale could include a lease or license.
        The money that we get from the sale (after paying our
    
costs) will reduce the amount you owe. If we get less money than you owe, you ............ (will or will not, as applicable) still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else.
        You can get the property back at any time before we
    
sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at ................ (telephone number).
        If you want us to explain to you in writing how we
    
have figured the amount that you owe us, you may call us at .................. (telephone number) or write us at .................................... (secured party's address) and request a written explanation. We will charge you $ ........... for the explanation if we sent you another written explanation of the amount you owe us within the last six months.
        If you need more information about the sale call us
    
at .................. (telephone number) or write us at ......................... (secured party's address).
        We are sending this notice to the following other
    
people who have an interest ...................... (describe collateral) or who owe money under your agreement:
    .................................................
    (Names of all other debtors and obligors, if any)
        (5) A notification in the form of paragraph (4) is
    
sufficient, even if it includes errors in information not required by paragraph (1).
        (6) If a notification under this Section is not in
    
the form of paragraph (4), law other than this Article determines the effect of including information not required by paragraph (1).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-615

    (810 ILCS 5/9-615)
    Sec. 9-615. Application of proceeds of disposition; liability for deficiency and right to surplus.
    (a) Application of proceeds. A secured party shall apply or pay over for application the cash proceeds of disposition in the following order to:
        (1) the reasonable expenses of retaking, holding,
    
preparing for disposition, processing, and disposing, and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party;
        (2) the satisfaction of obligations secured by the
    
security interest or agricultural lien under which the disposition is made;
        (3) the satisfaction of obligations secured by any
    
subordinate security interest in or other subordinate lien on the collateral if:
            (A) the secured party receives from the holder of
        
the subordinate security interest or other lien an authenticated demand for proceeds before distribution of the proceeds is completed; and
            (B) in a case in which a consignor has an
        
interest in the collateral, the subordinate security interest or other lien is senior to the interest of the consignor; and
        (4) a secured party that is a consignor of the
    
collateral if the secured party receives from the consignor an authenticated demand for proceeds before distribution of the proceeds is completed.
    (b) Proof of subordinate interest. If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder does so, the secured party need not comply with the holder's demand under subsection (a)(3).
    (c) Application of noncash proceeds. A secured party need not apply or pay over for application noncash proceeds of disposition under this Section unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.
    (d) Surplus or deficiency if obligation secured. If the security interest under which a disposition is made secures payment or performance of an obligation, after making the payments and applications required by subsection (a) and permitted by subsection (c):
        (1) unless subsection (a)(4) requires the secured
    
party to apply or pay over cash proceeds to a consignor, the secured party shall account to and pay a debtor for any surplus; and
        (2) the obligor is liable for any deficiency.
    (e) No surplus or deficiency in sales of certain rights to payment. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes:
        (1) the debtor is not entitled to any surplus; and
        (2) the obligor is not liable for any deficiency.
    (f) Calculation of surplus or deficiency in disposition to person related to secured party. The surplus or deficiency following a disposition is calculated based on the amount of proceeds that would have been realized in a disposition complying with this Part and described in subsection (f)(2) of this Section to a transferee other than the secured party, a person related to the secured party, or a secondary obligor if:
        (1) the transferee in the disposition is the secured
    
party, a person related to the secured party, or a secondary obligor; and
        (2) the amount of proceeds of the disposition is
    
significantly below the range of proceeds that would have been received from a complying disposition by a forced sale without reserve to a willing buyer other than the secured party, a person related to the secured party, or a secondary obligor.
    (g) Cash proceeds received by junior secured party. A secured party that receives cash proceeds of a disposition in good faith and without knowledge that the receipt violates the rights of the holder of a security interest or other lien that is not subordinate to the security interest or agricultural lien under which the disposition is made:
        (1) takes the cash proceeds free of the security
    
interest or other lien;
        (2) is not obligated to apply the proceeds of the
    
disposition to the satisfaction of obligations secured by the security interest or other lien; and
        (3) is not obligated to account to or pay the holder
    
of the security interest or other lien for any surplus.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-616

    (810 ILCS 5/9-616)
    Sec. 9-616. Explanation of calculation of surplus or deficiency.
    (a) Definitions. In this Section:
        (1) "Explanation" means a writing that:
            (A) states whether a surplus or deficiency is
        
owed and the amount of the surplus, if applicable;
            (B) states, if applicable, that future debits,
        
credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the surplus or deficiency;
            (C) provides a telephone number or mailing
        
address from which the debtor or consumer obligor may obtain additional information concerning the transaction and from which such person may request the amount of the deficiency and further information regarding how the secured party calculated the surplus or deficiency; and
            (D) at the sender's option, the information set
        
forth in subsection (c).
        (2) "Request" means a record:
            (A) authenticated by a debtor or consumer obligor;
            (B) requesting that the recipient provide
        
information of how it calculated the surplus or deficiency; and
            (C) sent after disposition of the collateral
        
under Section 9-610.
    (b) Explanation of calculation. In a consumer-goods transaction in which the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency under Section 9-615, the secured party shall:
        (1) send an explanation to the debtor or consumer
    
obligor, as applicable, after the disposition and:
            (A) before or when the secured party accounts to
        
the debtor and pays any surplus or first makes written demand on the consumer obligor after the disposition for payment of the deficiency, other than in instances in which such demand is made by a third-party debt collector covered by the Fair Debt Collection Practices Act; and
            (B) within 14 days after receipt of a request
        
made by the debtor or consumer obligor within one year after the secured party has given an explanation under this Section or notice to such debtor or consumer obligor under Section 9-614 of this Article; or
        (2) in the case of a consumer obligor who is liable
    
for a deficiency, within 14 days after receipt of a request, send to the consumer obligor a record waiving the secured party's right to a deficiency.
    (c) Required information for response to request. To comply with a request, the secured party must provide a response in writing which includes the following information:
        (1) the aggregate amount of obligations secured by
    
the security interest under which the disposition was made, and, if the amount reflects a rebate of unearned interest or credit service charge, an indication of that fact, calculated as of a specified date:
            (A) if the secured party takes or receives
        
possession of the collateral after default, not more than 35 days before the secured party takes or receives possession; or
            (B) if the secured party takes or receives
        
possession of the collateral before default or does not take possession of the collateral, not more than 35 days before the disposition;
        (2) the amount of proceeds of the disposition;
        (3) the aggregate amount of the obligations after
    
deducting the amount of proceeds;
        (4) the amount, in the aggregate or by type, and
    
types of expenses, including expenses of retaking, holding, preparing for disposition, processing, and disposing of the collateral, and attorney's fees secured by the collateral which are known to the secured party and relate to the current disposition;
        (5) the amount, in the aggregate or by type, and
    
types of credits, including rebates of interest or credit service charges, to which the obligor is known to be entitled and which are not reflected in the amount in paragraph (1); and
        (6) the amount of the surplus or deficiency.
    (d) Substantial compliance. A particular phrasing of the explanation or response to a request is not required. An explanation or a response to a request complying substantially with the requirements of this Section is sufficient even if it is:
        (1) accompanied by or combined with other