HARRY HUGHES, Governor

2891

9-106.

"Account" means any right to payment for goods sold or
leased or for services rendered which is not evidenced by an
instrument or chattel paper[.], WHETHER OR NOT IT HAS BEEN
EARNED BY PERFORMANCE. ["Contract right" means any right to
payment under a contract not yet earned by performance and
not evidenced by an instrument or chattel paper.] "General
intangibles" means any personal property (including things
in action) other than goods, accounts, [contract rights,]
chattel paper, documents, [and] instruments, AND MONEY. ALL
RIGHTS TO PAYMENT EARNED OR UNEARNED UNDER A CHARTER OR
OTHER CONTRACT INVOLVING THE USE OR HIRE OF A VESSEL AND ALL
RIGHTS INCIDENT TO THE CHARTER OR CONTRACT ARE ACCOUNTS.

9-114.

(1) A PERSON WHO DELIVERS GOODS UNDER A CONSIGNMENT
WHICH IS NOT A SECURITY INTEREST AND WHO WOULD BE REQUIRED
TO FILE UNDER THIS TITLE BY PARAGRAPH (3)(C) OF § 2-326 HAS
PRIORITY OVER A SECURED PARTY WHO IS OR BECOMES A CREDITOR
OF THE CONSIGNEE AND WHO WOULD HAVE A PERFECTED SECURITY
INTEREST IN THE GOODS IF THEY WERE THE PROPERTY OF THE
CONSIGNEE, AND ALSO HAS PRIORITY WITH RESPECT TO
IDENTIFIABLE CASH PROCEEDS RECEIVED ON OR BEFORE DELIVERY OF
THE GOODS TO A BUYER, IF

(A)   THE CONSIGNOR COMPLIES WITH THE FILING
PROVISION OF THE TITLE ON SALES WITH RESPECT TO CONSIGNMENTS
(PARAGRAPH (3)(C) OF § 2-326) BEFORE THE CONSIGNEE RECEIVES
POSSESSION OF THE GOODS; AND

(B)   THE CONSIGNOR GIVES NOTIFICATION IN WRITING
TO THE HOLDER OF THE SECURITY INTEREST IF THE HOLDER HAS
FILED A FINANCING STATEMENT COVERING THE SAME TYPES OF GOODS
BEFORE THE DATE OF THE FILING MADE BY THE CONSIGNOR; AND

(C)   THE HOLDER OF THE SECURITY INTEREST
RECEIVES THE NOTIFICATION WITHIN 5 YEARS BEFORE THE
CONSIGNEE RECEIVES POSSESSION OF THE GOODS; AND

(D)   THE NOTIFICATION STATES THAT THE CONSIGNOR
EXPECTS TO DELIVER GOODS ON CONSIGNMENT TO THE CONSIGNEE,
DESCRIBING THE GOODS BY ITEM OR TYPE.

(2) IN THE CASE OF A CONSIGNMENT WHICH IS NOT A
SECURITY INTEREST AND IN WHICH THE REQUIREMENTS OF THE
PRECEDING SUBSECTION HAVE NOT BEEN MET, A PERSON WHO
DELIVERS GOODS TO ANOTHER IS SUBORDINATE TO A PERSON WHO
WOULD HAVE A PERFECTED SECURITY INTEREST IN THE GOODS IF
THEY WERE THE PROPERTY OF THE DEBTOR.

9-203.

[(1) Subject to the provisions of § 4-208 on the
security interest of a collecting bank and § 9-113 on a