SB9: Bill Text

SB9,14,15 101.9215 (1) A Except as otherwise provided in s. 409.308 (5), a secured party may assign, absolutely or otherwise, the party's security interest in the manufactured home to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest and the secured party remains liable for any obligations as a secured party until the assignee is named as secured party on the certificate.

SB9, s. 25 Section 25. 101.9215 (2) of the statutes is amended to read:

SB9,14,21 101.9215 (2) The Subject to s. 409.308 (5), the assignee may but need not, to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as secured party, upon delivering to the department the certificate and an assignment by the secured party named in the certificate in the form that the department prescribes.

SB9, s. 26 Section 26. 101.9218 (1) of the statutes is amended to read:

SB9,15,3 101.9218 (1) Method of perfecting exclusive. Except Subject to s. 409.311 (4) and except as provided in sub. (2), the method provided in ss. 101.921 to 101.9217 of perfecting and giving notice of security interests subject to ss. 101.921 to 101.9217 is exclusive. Security interests subject to ss. 101.921 to 101.9217 are exempt from the provisions of law that otherwise require or relate to the filing of instruments creating or evidencing security interests.

SB9, s. 27 Section 27. 101.9222 (5) (b) of the statutes is amended to read:

SB9,15,8 101.9222 (5) (b) If a security interest in a previously certificated manufactured home was created, but was unperfected, under any other applicable law of this state on July 1, 2000, it may be perfected under par. (a), but such perfection dates only from the date of the department's receipt of the certificate.

SB9, s. 28 Section 28. 109.09 (2) (b) 2. of the statutes is amended to read:

SB9,15,20 109.09 (2) (b) 2. A lien under par. (a) upon personal property takes effect when the department of workforce development or employee files a notice of the lien with the department of financial institutions in the same manner, form, and place as financing statements are filed under subch. V of ch. 409 regarding debtors who are located in this state, pays the same fee specified provided in s. 409.403 (5) (b) to the department of financial institutions 409.525 for filing financing statements, and serves a copy of the notice on the employer by personal service in the same manner as a summons is served under s. 801.11 or by certified mail with a return receipt requested. The department of financial institutions shall place the notice of the lien in the same file as financing statements are filed under ss. 409.401 and 409.402 subch. V of ch. 409.

SB9, s. 29 Section 29. 138.09 (7) (i) 2. of the statutes is amended to read:

SB9,15,24 138.09 (7) (i) 2. An amount sufficient to cover the fee for filing the termination statement required by s. 409.404 409.513 on loans secured by merchandise other than a motor vehicle, a manufactured home, or a boat; and

SB9, s. 30 Section 30. 340.01 (56m) of the statutes is amended to read:

SB9,16,2 340.01 (56m) "Secured party" means a secured party as defined has the meaning given in s. 409.105 (1) (L) 409.102 (1) (rs).

SB9, s. 31 Section 31. 340.01 (56n) of the statutes is amended to read:

SB9,16,5 340.01 (56n) "Security agreement" means a security agreement as defined has the meaning given in s. 409.105 (1) (m) 409.102 (1) (s).

SB9, s. 32 Section 32. 342.19 (2) of the statutes is amended to read:

SB9,16,13 342.19 (2) Except as provided in sub. (2m), a security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the secured party, and the required fee. It is perfected as of the later of the time of its creation if such delivery is completed within 10 days thereafter, and without regard to the limitations expressed in s. 409.301 (2); otherwise, as of the time of such delivery or the time of the attachment of the security interest.

SB9, s. 33 Section 33. 342.19 (3) of the statutes is amended to read:

SB9,16,16 342.19 (3) An unperfected security interest is subordinate to the rights of persons described in s. 409.301 ss. 409.317 and 409.323.

SB9, s. 34 Section 34. 342.19 (4) of the statutes is amended to read:

SB9,16,22 342.19 (4) The rules of priority stated in s. 409.312, and 409.322, the other sections therein referred to, and subch. III of ch. 409 shall, to the extent appropriate, apply to conflicting security interests in a vehicle of a type for which a certificate of title is required. A security interest perfected under this section is a security interest perfected otherwise than by filing for purposes of s. 409.312 subch. III of ch. 409.

SB9, s. 35 Section 35. 342.19 (5) of the statutes is amended to read:

SB9,17,3 342.19 (5) The rules stated in ss. 409.501 to 409.507 subch. VI of ch. 409 governing the rights and duties of secured parties and debtors and the requirements for, and effect of, disposition of a vehicle by a secured party, upon default shall, to the extent appropriate, govern the rights of secured parties and owners with respect to security interests in vehicles perfected under this chapter.

SB9, s. 36 Section 36. 342.19 (6) of the statutes is amended to read:

SB9,17,7 342.19 (6) If a vehicle is subject to a security interest when brought into this state, s. 409.103 (1), (2) and (3) state 409.316 states the rules which apply to determine the validity and perfection of the security interest in this state.

SB9, s. 37 Section 37. 342.21 (1) of the statutes is amended to read:

SB9,17,15 342.21 (1) A Except as otherwise provided in s. 409.308 (5), a secured party may assign, absolutely or otherwise, the party's security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest and the secured party remains liable for any obligations as a secured party until the assignee is named as secured party on the certificate.

SB9, s. 38 Section 38. 342.21 (2) of the statutes is amended to read:

SB9,17,21 342.21 (2) The Subject to s. 409.308 (5), the assignee may but need not, to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as secured party, upon delivering to the department the certificate and an assignment by the secured party named in the certificate in the form the department prescribes.

SB9, s. 39 Section 39. 342.24 of the statutes is amended to read:

SB9,18,2 342.24 Method of perfecting exclusive. The Subject to s. 409.311 (4), the method provided in this chapter of perfecting and giving notice of security interests subject to this chapter is exclusive. Security interests subject to this chapter are hereby exempted from the provisions of law which otherwise require or relate to the filing of instruments creating or evidencing security interests.

SB9, s. 40 Section 40. 344.185 (3) (intro.) of the statutes is amended to read:

SB9,18,5 344.185 (3) (intro.) Notwithstanding ss. 409.501 to 409.507 subch. VI of ch. 409 and ch. 425:

SB9, s. 41 Section 41. 401.105 (2) (e) of the statutes is repealed and recreated to read:

SB9,18,9 401.105 (2) (e) Sections 409.301 to 409.307 on law governing perfection, the effect of perfection or nonperfection, and the priority of security interests and agricultural liens.

SB9, s. 42 Section 42. 401.201 (9) of the statutes is amended to read:

SB9,19,4 401.201 (9) "Buyer in ordinary course of business" means a person who that buys goods in good faith and, without knowledge that the sale to the person is in violation of violates the ownership rights or security interest of a 3rd party of another person in the goods buys, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind but does not include a pawnbroker. All persons who sell minerals or the like (including oil and gas) at wellhead or minehead shall be deemed to be persons. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. "Buying" A buyer in ordinary course of business may be buy for cash or, by exchange of other property, or on secured or unsecured credit , and includes receiving may acquire goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under ch. 402 may be a buyer in ordinary course of business. A person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt is not a buyer in ordinary course of business.

SB9, s. 43 Section 43. 401.201 (32) of the statutes is amended to read:

SB9,19,8 401.201 (32) "Purchase" includes taking by sale, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift or any other voluntary transaction creating an interest in property.

SB9, s. 44 Section 44. 401.201 (37) (a) of the statutes is amended to read:

SB9,19,25 401.201 (37) (a) "Security interest" means an interest in personal property or fixtures that which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer is limited in effect to a reservation of a "security interest". The term also includes any interest of a consignor and a buyer of accounts or, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to ch. 409. The special property interest of a buyer of goods on identification of such those goods to a contract for sale under s. 402.401 is not a "security interest", but a buyer may also acquire a "security interest" by complying with ch. 409. Unless a lease or consignment is intended as security, reservation of title thereunder is not a "security interest" but a consignment is in any event subject to s. 402.326 Except as otherwise provided in s. 402.505, the right of a seller or lessor of goods under ch. 402 or 411 to retain or acquire possession of the goods is not a security interest, but a seller or lessor may also acquire a security interest by complying with ch. 409. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer under s. 402.401 is limited in effect to a reservation of a security interest.

SB9, s. 45 Section 45. 402.103 (3) (d) of the statutes is amended to read:

SB9,20,2 402.103 (3) (d) "Consumer goods" — s. 409.109 409.102.

SB9, s. 46 Section 46. 402.210 (3) of the statutes is renumbered 402.210 (4).

SB9, s. 47 Section 47. 402.210 (3) of the statutes is created to read:

SB9,20,12 402.210 (3) The creation, attachment, perfection, or enforcement of a security interest in the seller's interest under a contract is not a transfer that materially changes the duty of or increases materially the burden or risk imposed on the buyer or impairs materially the buyer's chance of obtaining return performance within the purview of sub. (2) unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the seller. Even in that event, the creation, attachment, perfection, and enforcement of the security interest remain effective, but:

SB9,20,14 (a) The seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer; and

SB9,20,17 (b) A court having jurisdiction may grant other appropriate relief, including cancellation of the contract for sale or an injunction against enforcement of the security interest or consummation of the enforcement.

SB9, s. 48 Section 48. 402.210 (4) of the statutes is renumbered 402.210 (5).

SB9, s. 49 Section 49. 402.210 (5) of the statutes is renumbered 402.210 (6).

SB9, s. 50 Section 50. 402.326 (title) of the statutes is amended to read:

SB9,20,22 402.326 (title) Sale on approval and sale or return; consignment sales and rights of creditors.

SB9, s. 51 Section 51. 402.326 (2) of the statutes is amended to read:

SB9,21,3 402.326 (2) Except as provided in sub. (3), goods Goods held on approval are not subject to the claims of the buyer's creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer's possession.

SB9, s. 52 Section 52. 402.326 (3) of the statutes is repealed.

SB9, s. 53 Section 53. 402.502 (title) of the statutes is amended to read:

SB9,21,7 402.502 (title) Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency.

SB9, s. 54 Section 54. 402.502 (1) of the statutes is renumbered 402.502 (1) (intro.) and amended to read:

SB9,21,13 402.502 (1) (intro.) Subject to sub. subs. (2) and (3) and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which the buyer has a special property under s. 402.501 may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if:

SB9,21,15 (b) In all cases, the seller becomes insolvent within 10 days after receipt of the first instalment installment on their price.

SB9, s. 55 Section 55. 402.502 (1) (a) of the statutes is created to read:

SB9,21,18 402.502 (1) (a) In the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or

SB9, s. 56 Section 56. 402.502 (2) of the statutes is renumbered 402.502 (3).

SB9, s. 57 Section 57. 402.502 (2) of the statutes is created to read:

SB9,21,23 402.502 (2) The buyer's right to recover the goods under sub. (1) (a) vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

SB9, s. 58 Section 58. 402.716 (3) of the statutes is amended to read:

SB9,22,7 402.716 (3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort the buyer is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

SB9, s. 59 Section 59. 405.118 of the statutes is created to read:

SB9,22,12 405.118 Security interest of issuer or nominated person. (1) An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation.

SB9,22,16 (2) So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under sub. (1), the security interest continues and is subject to ch. 409, but:

SB9,22,18 (a) A security agreement is not necessary to make the security interest enforceable under s. 409.203 (2) (c);

SB9,22,20 (b) If the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and

SB9,22,25 (c) If the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument, or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document.

SB9, s. 60 Section 60. 406.102 (1) of the statutes is amended to read:

SB9,23,4 406.102 (1) A "bulk transfer" is any transfer in bulk and not in the ordinary course of the transferor's business of a major part in value of the inventory (s. 409.109), as defined in s. 409.102 (1) (Ls), of an enterprise subject to this chapter.

SB9, s. 61 Section 61. 406.102 (2) of the statutes is amended to read:

SB9,23,8 406.102 (2) A transfer of a substantial part of the equipment (s. 409.109), as defined in s. 409.102 (1) (i), of such an enterprise is a bulk transfer if it is made in connection with a bulk transfer of inventory, but not otherwise.

SB9, s. 62 Section 62. 407.503 (1) (a) of the statutes is amended to read:

SB9,23,13 407.503 (1) (a) Delivered or entrusted them or any document of title covering them to the bailor or the bailor's nominee with actual or apparent authority to ship, store, or sell or with power to obtain delivery under s. 407.403 or with power of disposition under ss. s. 402.403 or 409.307 409.320 or other statute or rule of law; nor

SB9, s. 63 Section 63. 408.103 (6) of the statutes is amended to read:

SB9,23,16 408.103 (6) A commodity contract, as defined in s. 409.115 (1) (b) 409.102 (1) (dm), is not a security or a financial asset.

SB9, s. 64 Section 64. 408.106 (4) (a) and (b) of the statutes are amended to read:

SB9,23,18 408.106 (4) (a) The purchaser becomes the entitlement holder; or

SB9,23,21 (b) The securities intermediary has agreed that it will comply with entitlement orders originated by the purchaser without further consent by the entitlement holder.; or

SB9, s. 65 Section 65. 408.106 (4) (c) of the statutes is created to read:

SB9,23,25 408.106 (4) (c) Another person has control of the security entitlement on behalf of the purchaser or, having previously acquired control of the security entitlement, acknowledges that it has control on behalf of the purchaser.

SB9, s. 66 Section 66. 408.106 (6) of the statutes is amended to read:

SB9,24,7 408.106 (6) A purchaser who has satisfied the requirements of sub. (3) (b) or (4) (b) has control even if the registered owner in the case of sub. (3) (b) or the entitlement holder in the case of sub. (4) (b) retains the right to make substitutions for the uncertificated security or security entitlement, to originate instructions or entitlement orders to the issuer or securities intermediary, or otherwise to deal with the uncertificated security or security entitlement.

SB9, s. 67 Section 67. 408.110 (5) (a) of the statutes is amended to read: