AB481: Bill Text

AB481,38,22 407.601 Lost, stolen, or destroyed documents of title. (1) If a document of title is lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with the order. If the document was negotiable, a court may not order delivery of the goods or issuance of a substitute document without the claimant's posting security unless it finds that any person that may suffer loss as a result of nonsurrender of possession or control of the document is adequately protected against the loss. If the document was nonnegotiable, the court may require security. The court may also order payment of the bailee's reasonable costs and attorney fees in any action under this subsection.

AB481,39,3 (2) A bailee that without court order delivers goods to a person claiming under a missing negotiable document of title is liable to any person injured thereby. If the delivery is not in good faith, the bailee is liable for conversion. Delivery in good faith is not conversion if the claimant posts security with the bailee in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery which files a notice of claim within one year after the delivery.

AB481,39,13 407.602 Attachment of goods covered by negotiable document of title. Unless a document of title was originally issued upon delivery of the goods by a person that did not have power to dispose of them, a lien does not attach by virtue of any judicial process to goods in the possession of a bailee for which a negotiable document of title is outstanding unless possession or control of the document is first surrendered to the bailee or the document's negotiation is enjoined. The bailee may not be compelled to deliver the goods pursuant to process until possession or control of the document is surrendered to the bailee or to the court. A purchaser of the document for value without notice of the process or injunction takes free of the lien imposed by judicial process.

AB481,39,18 407.603 Conflicting claims; interpleader. If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has a reasonable time to ascertain the validity of the adverse claims or to commence an action for interpleader. The bailee may assert an interpleader either in defending an action for nondelivery of the goods or by original action.

AB481, s. 33 Section 33. 408.103 (7) of the statutes is created to read:

AB481,39,21 408.103 (7) A document of title, as defined in s. 401.201 (15), is not a financial asset unless s. 408.102 (1) (i) 1. c. applies.

AB481, s. 34 Section 34. 409.102 (2) (df) of the statutes is created to read:

AB481,39,23 409.102 (2) (df) "Control" (with respect to a document of title) — s. 407.106.

AB481, s. 35 Section 35. 409.203 (2) (c) 4. of the statutes is amended to read:

AB481,40,4 409.203 (2) (c) 4. The collateral is deposit accounts, electronic chattel paper, investment property, or letter-of-credit rights, or electronic documents, and the secured party has control under s. 407.106, 409.104, 409.105, 409.106, or 409.107 pursuant to the debtor's security agreement.

AB481, s. 36 Section 36. 409.207 (3) (intro.) of the statutes is amended to read:

AB481,40,9 409.207 (3) Duties and rights when secured party in possession or control. (intro.) Except as otherwise provided in sub. (4), a secured party having possession of collateral or control of collateral under s. 407.106, 409.104, 409.105, 409.106, or 409.107:

AB481, s. 37 Section 37. 409.208 (2) (d) of the statutes is amended to read:

AB481,40,16 409.208 (2) (d) A secured party having control of investment property under s. 408.106 (4) (b) or 409.106 (2) 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; and

AB481, s. 38 Section 38. 409.208 (2) (e) of the statutes is amended to read:

AB481,40,22 409.208 (2) (e) A secured party having control of a letter-of-credit right under s. 409.107 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

AB481, s. 39 Section 39. 409.208 (2) (f) of the statutes is created to read:

AB481,40,25 409.208 (2) (f) A secured party having control of an electronic document shall do all of the following:

AB481,41,2 1. Give control of the electronic document to the debtor or its designated custodian.

AB481,41,8 2. 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.

AB481,41,11 3. 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.

AB481, s. 40 Section 40. 409.301 (3) (intro.) of the statutes is amended to read:

AB481,41,15 409.301 (3) Location of property. (intro.) Except as otherwise provided in sub. (4), while tangible negotiable documents, goods, instruments, money, or tangible chattel paper is located in a jurisdiction, the local law of that jurisdiction governs:

AB481, s. 41 Section 41. 409.310 (2) (e) of the statutes is amended to read:

AB481,41,19 409.310 (2) (e) In certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under s. 409.312 (5), (6), or (7);

AB481, s. 42 Section 42. 409.310 (2) (h) of the statutes is amended to read:

AB481,41,23 409.310 (2) (h) In deposit accounts, electronic chattel paper, electronic documents, investment property, or letter-of-credit rights which is perfected by control under s. 409.314;

AB481, s. 43 Section 43. 409.312 (5) of the statutes is amended to read:

AB481,42,5 409.312 (5) 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.

AB481, s. 44 Section 44. 409.313 (1) of the statutes is amended to read:

AB481,42,12 409.313 (1) Perfection by possession or delivery. Except as otherwise provided in sub. (2), 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 s. 408.301.

AB481, s. 45 Section 45. 409.314 (1) of the statutes is amended to read:

AB481,42,17 409.314 (1) Perfection by control. A security interest in investment property, deposit accounts, letter-of-credit rights, or electronic chattel paper, or electronic documents may be perfected by control of the collateral under s. 407.106, 409.104, 409.105, 409.106, or 409.107.

AB481, s. 46 Section 46. 409.314 (2) of the statutes is amended to read:

AB481,42,24 409.314 (2) Specified collateral: time of perfection by control; continuation of perfection. A security interest in deposit accounts, electronic chattel paper, or letter-of-credit rights, or electronic documents is perfected by control under s. 407.106, 409.104, 409.105, or 409.107 when the secured party obtains control and remains perfected by control only while the secured party retains control.

AB481, s. 47 Section 47. 409.317 (2) of the statutes is amended to read:

AB481,43,6 409.317 (2) Buyers that receive delivery. Except as otherwise provided in sub. (5), a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a security certificate 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.

AB481, s. 48 Section 48. 409.317 (4) of the statutes is amended to read:

AB481,43,13 409.317 (4) Licensees and buyers of certain collateral. A licensee of a general intangible or a buyer, other than a secured party, of accounts, electronic chattel paper, electronic documents, general intangibles, or investment property other than 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.

AB481, s. 49 Section 49. 409.338 (2) of the statutes is amended to read:

AB481,43,19 409.338 (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.

AB481, s. 50 Section 50. 409.601 (2) of the statutes is amended to read:

AB481,43,24 409.601 (2) Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under s. 407.106, 409.104, 409.105, 409.106, or 409.107 has the rights and duties provided in s. 409.207.

AB481, s. 51 Section 51. 411.103 (1) (a) of the statutes is amended to read:

AB481,44,8 411.103 (1) (a) "Buyer in ordinary course of business" means a person who, in good faith and without knowledge that the sale to him or her is in violation of the ownership rights or security interest or leasehold interest of a 3rd party in the goods, buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. "Buying" may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving acquiring 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.

AB481, s. 52 Section 52. 411.103 (1) (o) of the statutes is amended to read:

AB481,44,18 411.103 (1) (o) "Lessee in ordinary course of business" means a person who in good faith and without knowledge that the lease to him or her is in violation of the ownership rights or security interest or leasehold interest of a 3rd party in the goods leases in ordinary course from a person in the business of selling or leasing goods of that kind but does not include a pawnbroker. "Leasing" may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving acquiring goods or documents of title under a preexisting lease contract but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.

AB481, s. 53 Section 53. 411.514 (2) of the statutes is amended to read:

AB481,44,22 411.514 (2) A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent on the face of in the documents.

AB481, s. 54 Section 54. 411.526 (2) (c) of the statutes is amended to read:

AB481,44,25 411.526 (2) (c) Acknowledgment to the lessee by a carrier via reshipment or as a warehouse keeper that the carrier holds the goods for the lessee.

AB481, s. 55 Section 55. Initial applicability.

AB481,45,3 (1) This act first applies to a document of title that is issued or a bailment that arises on the effective date of this subsection.

AB481, s. 56 Section 56. Effective date.

AB481,45,6 (1) This act takes effect on the first day of the 3rd month beginning after publication.

AB481,45,7 (End)