KRS 355.9-330: Priority of purchaser of chattel paper or instrument.
Where this section sits in the code
(1) A purchaser of chattel paper has priority over a security interest in the chattel paper
which is claimed merely as proceeds of inventory subject to a security interest if:
(a) In good faith and in the ordinary course of the purchaser's business, the
purchaser gives new value, takes possession of each authoritative tangible
copy of the record evidencing the chattel paper, and obtains control under
KRS 355.9-105 of each authoritative electronic copy of the record evidencing
the chattel paper; and
(b) The authoritative copies of the record evidencing the chattel paper do not
indicate that the chattel paper has been assigned to an identified assignee other
than the purchaser.
(2) A purchaser of chattel paper has priority over a security interest in the chattel paper
which is claimed other than merely as proceeds of inventory subject to a security
interest if the purchaser gives new value, takes possession of each authoritative
tangible copy of the record evidencing the chattel paper, and obtains control under
KRS 355.9-105 of each authoritative electronic copy of the record evidencing the
chattel paper in good faith, in the ordinary course of the purchaser's business, and
without knowledge that the purchase violates the rights of the secured party.
(3) Except as otherwise provided in KRS 355.9 -327, a purchaser having priority in
chattel paper under subsection (1) or (2) of this section also has priority in proceeds
of the chattel paper to the extent that:
(a) KRS 355.9-322 provides for priority in the proceeds; or
(b) The proceeds consist of the specific goods covered by the chattel paper or
cash proceeds of the specific goods, even if the purchaser's security interest in
the proceeds is unperfected.
(4) Except as otherwise provided in KRS 355.9 -331(1), a purchaser of an instrument
has priority over a security interest in the instrument perfected by a method other
than possession if the purchaser gives value and takes possession of the in strument
in good faith and without knowledge that the purchase violates the rights of the
secured party.
(5) For purposes of subsections (1) and (2) of this section, the holder of a purchase -
money security interest in inventory gives new value for chattel paper constituting
proceeds of the inventory.
(6) For purposes of subsections (2) and (4) of this section, if the authoritative copies of
the record evidencing chattel paper or an instrument indicate that the chattel paper
or instrument has been assigned t o an identified secured party other than the
purchaser, a purchaser of the chattel paper or instrument has knowledge that the
purchase violates the rights of the secured party.
Collected 2026-09-05T20:58:48Z. Source file · JSON