Amended by Stats. 1987, Ch. 40, Sec. 3. Effective June 8, 1987.
Chapter 2 - Conveyance of Personal Property Without Delivery
California Civil Code — §§ 3440-3440.9
Sections (8)
Amended by Stats. 2016, Ch. 703, Sec. 4. (AB 2881) Effective January 1, 2017.
This chapter does not apply to any of the following:
by the Uniform Commercial Code, security interests, and contracts of bottomry or respondentia.
money judgment.
of this subdivision are not used for the purpose of evading this chapter.
in Section 849 of the Public Utilities Code.
Added by Stats. 1985, Ch. 1368, Sec. 2.
Subject to Section 3440.3, a transfer of personal property shall not be void under Section 3440 as against a creditor of the transferor or as against a buyer from the transferor, if the creditor’s or buyer’s claim or right against the transferor arises after the date all of the requirements of subdivision (h) of Section 3440.1 have been met, other than the requirement that filing of the financing statement and publication of the notice referred to therein be completed prior to the transfer.
Amended by Stats. 2006, Ch. 254, Sec. 5. Effective January 1, 2007.
A transfer of personal property, as to which the conditions set forth in subdivision (h) of Section 3440.1, Section 3440.2, or subdivision (b) of Section 3440.5 are satisfied, shall, nevertheless, be void under Section 3440 as against a person who has purchased the personal property from the transferor and who is a “buyer in the ordinary course of business,” as defined in paragraph (9) of subdivision (b) of Section 1201 of the Commercial Code.
Added by Stats. 1985, Ch. 1368, Sec. 4.
This chapter does not affect the rights of a buyer for value in good faith who purchases the transferred personal property from the transferee or from a successor in interest of the transferee, provided the transferor is no longer in possession of the personal property at the time of the purchase by that buyer.
Amended by Stats. 2016, Ch. 703, Sec. 5. (AB 2881) Effective January 1, 2017. Note: Amendment by Stats. 1999, Ch. 991, is operative July 1, 2001, by Sec. 75 of Ch. 991.
9 of the Commercial Code shall apply as appropriate to the financing statement. For the purpose of indexing, and in any certification of search, the Secretary of State may refer to any financing statement filed pursuant to this paragraph as a financing statement under the Commercial Code and may describe the transferor as a debtor and the transferee as a secured party.
and transferee and of the intended debtor and secured party, a general statement of the character of the personal property transferred and intended to be subject to the security interest, the location of the personal property, and the date on or after which the security agreement is to be executed by the intended debtor.
Added by Stats. 1985, Ch. 1368, Sec. 5.
No action shall be brought or levy made under this chapter more than one year after the earliest of the following dates:
transferred occurred.
Amended by Stats. 1994, Ch. 668, Sec. 4. Effective January 1, 1995.
Subdivision (2) of Section 2402 and subdivision (a) of Section 10308 of the Commercial Code are not restricted by the provisions of this chapter.