GroundRules
← Search the law
North Carolina · Through S.L. 2026-30

N.C. Gen. Stat. § 25-9-323: Future advances.

Read at publisher ↗
Where this section sits in the code
  1. Chapter 25. Uniform Commercial Code.
  2. Article 9. Secured Transactions.
  3. Part 3. Perfection and Priority.

(a) When Priority Based on Time of Advance. - Except as otherwise provided in subsection (c) of this section, for purposes of determining the priority of a perfected security interest under G.S. 25-9-322(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 meets both of the following conditions:

(1) The advance is made while the security interest is perfected only under either of the following:

a. Under G.S. 25-9-309 when it attaches.

b. Temporarily under G.S. 25-9-312(e), (f), or (g).

(2) The advance is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under G.S. 25-9-309 or G.S. 25-9-312(e), (f), or (g).

(b) Lien Creditor. - Except as otherwise provided in subsection (c) of this section, 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 under either of the following circumstances:

(1) Without knowledge of the lien.

(2) Pursuant to a commitment entered into without knowledge of the lien.

(c) Buyer of Receivables. - Subsections (a) and (b) of this section 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) of this section, a buyer of goods takes free of a security interest to the extent that it secures advances made after the earlier of the following:

(1) The time the secured party acquires knowledge of the buyer's purchase.

(2) Forty-five days after the purchase.

(e) Advances Made Pursuant to Commitment; Priority of Buyer of Goods. - Subsection (d) of this section 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) of this section, 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 the following:

(1) The time the secured party acquires knowledge of the lease.

(2) Forty-five days after the lease contract becomes enforceable.

(g) Advances Made Pursuant to Commitment; Priority of Lessee of Goods. - Subsection (f) of this section 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. (1945, c. 182, s. 4; c. 196, s. 4; 1955, c. 386, s. 2; 1961, c. 574; 1965, c. 700, s. 1; 1975, c. 862, s. 7; 1979, c. 404, s. 1; 1997-181, s. 8; 2000-169, s. 1; 2025-25, s. 82.)

Collected 2026-08-27T17:58:47Z. Source file · JSON

Browse this collection