Okla. Stat. tit. 12A § 2-505

Current through Laws 2024, c. 453.
Section 2-505 - Seller's shipment under reservation
(1) Where the seller has identified goods to the contract by or before shipment:
(a) his procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named.
(b) a nonnegotiable bill of lading to himself or his nominee reserves possession of the goods as security but except in a case of conditional delivery (subsection (2) of Section 2-507) a nonnegotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading.
(2) When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within the preceding section but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document of title.

Okla. Stat. tit. 12A, § 2-505

Laws 1961, p. 89, § 2-505; Amended by Laws 2005 , HB 2035, c. 140, § 48, eff. 1/1/2006.

Oklahoma Code Comment

Previous Oklahoma law is contra to (1) (a) and the first part of (b) and is changed hereby. Previously in Oklahoma, the shipment of goods to the seller's order, or consigned to the seller, reserved "title" and not merely a security interest. Shaw-Spears Gin Co. v. Apache Cotton Oil & Mfg. Co., 112 Okl. 202, 240 P. 732 (1925); St. Louis Carbonating & Mfg. Co. v. Lookeba State Bank.