Section 6A-9-323 - Future advances(a) When priority based on time of advance. Except as otherwise provided in subsection (c), for purposes of determining the priority of a perfected security interest under § 6A-9-322(a)(1), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:(1) Is made while the security interest is perfected only: (i) Under § 6A-9-309 when it attaches; or(ii) Temporarily under § 6A-9-312(e), (f), or (g); and(2) Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under § 6A-9-309 or § 6A-9-312(e), (f), or (g).(b) Lien creditor. Except as otherwise provided in subsection (c), a security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than 45 days after the person becomes a lien creditor unless the advance is made: (1) Without knowledge of the lien; or(2) Pursuant to a commitment entered into without knowledge of the lien.(c) Buyer of receivables. Subsections (a) and (b) do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.(d) Buyer of goods. Except as otherwise provided in subsection (e), a buyer of goods takes free of a security interest to the extent that it secures advances made after the earlier of: (1) The time the secured party acquires knowledge of the buyer's purchase; or(2) 45 days after the purchase.(e) Advances made pursuant to commitment: priority of buyer of goods. Subsection (d) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer's purchase and before the expiration of the 45-day period.(f) Lessee of goods. Except as otherwise provided in subsection (g), a lessee of goods takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of: (1) The time the secured party acquires knowledge of the lease; or(2) 45 days after the lease contract becomes enforceable.(g) Advances made pursuant to commitment: priority of lessee of goods. Subsection (f) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.R.I. Gen. Laws § 6A-9-323
Amended by 2024 Pub. Laws, ch. 66,§ 9, eff. 6/10/2024.Amended by 2024 Pub. Laws, ch. 65,§ 9, eff. 6/10/2024. P.L. 2000 , ch. 182, § 6; P.L. 2000 , ch. 420, § 6.