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§12A-9-114.
§12A-9-114.
Consignment. - (1) A person who delivers goods under a consignment
which is not a security interest and who would be required to file
under this article by paragraph (3) (c) of Section 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 Article on
Sales with respect to consignments (paragraph (3) (c) of Section
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 five (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.
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