{"data":{"id":"us-ga/o.c.g.a.-11-9-328","jurisdiction":"us-ga","citation":"O.C.G.A. § 11-9-328","heading":"Priority of security interests in investment property.","body":"The following rules govern priority among conflicting security interests in the same investment property:\n(1) A security interest held by a secured party having control of investment property under Code Section 11-9-106 has priority over a security interest held by a secured party that does not have control of the investment property;\n(2) Except as otherwise provided in paragraphs (3) and (4) of this Code section, conflicting security interests held by secured parties each of which has control under Code Section 11-9-106 rank according to priority in time of:\n(A) If the collateral is a security, obtaining control;\n(B) If the collateral is a security entitlement carried in a securities account and:\n(i) If the secured party obtained control under paragraph (1) of subsection (d) of Code Section 11-8-106, the secured party’s becoming the person for which the securities account is maintained;\n(ii) If the secured party obtained control under paragraph (2) of subsection (d) of Code Section 11-8-106, the securities intermediary’s agreement to comply with the secured party’s entitlement orders with respect to security entitlements carried or to be carried in the securities account; or\n(iii) If the secured party obtained control through another person under paragraph (3) of subsection (d) of Code Section 11-8-106, the time on which priority would be based under this paragraph if the other person were the secured party; or\n(C) If the collateral is a commodity contract carried with a commodity intermediary, the satisfaction of the requirement for control specified in paragraph (2) of subsection (b) of Code Section 11-9-106 with respect to commodity contracts carried or to be carried with the commodity intermediary;\n(3) A security interest held by a securities intermediary in a security entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party;\n(4) A security interest held by a commodity intermediary in a commodity contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party;\n(5) A security interest in a certificated security in registered form which is perfected by taking delivery under subsection (a) of Code Section 11-9-313 and not by control under Code Section 11-9-314 has priority over a conflicting security interest perfected by a method other than control;\n(6) Conflicting security interests created by a broker, securities intermediary, or commodity intermediary which are perfected without control under Code Section 11-9-106 rank equally; and\n(7) In all other cases, priority among conflicting security interests in investment property is governed by Code Sections 11-9-322 and 11-9-323.","path":["TITLE 11 Commercial Code","Article 9 Secured Transactions","PART 3 Perfection and Priority","Subpart 3 Priority"],"source_url":"https://archive.org/download/gov.ga.ocga.2018/release86.2022.11/gov.ga.ocga.title.11.odt","current_through":"Release 86 (2022-11)","vintage":"Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17","retrieved_at":"2026-09-17T19:34:57Z","sha256":"04b0167daa3e7b364b36f43123e3ecd1464a8922c64200c9513aa19b5a2163b5","source_id":"us-ga","stale":false,"prev":"us-ga/o.c.g.a.-11-9-327","next":"us-ga/o.c.g.a.-11-9-329"},"notice":"GroundRules: Original legal text. Not legal advice."}