{"data":{"id":"us-va/va.-code-8.9a-323","jurisdiction":"us-va","citation":"Va. Code § 8.9A-323","heading":"Future advances","body":"(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 § 8.9A-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:(A) under § 8.9A-309 when it attaches; or(B) temporarily under § 8.9A-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 § 8.9A-309 or § 8.9A-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 forty-five 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) forty-five 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 forty-five 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) forty-five 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 forty-five day period.Code 1950, § 43-27; 1964, c. 219, §§ 8.9-301, 8.9-307, 8.9-312; 1966, c. 557; 1973, c. 509; 1983, c. 204; 1984, c. 613; 1991, c. 536, § 8.2A-307; 1996, c. 216; 2000, c. 1007; 2024, c. 652.","path":["Title 8.9A. Commercial Code — Secured Transactions","Part 3. Perfection and Priority","Subpart 3. Priority"],"source_url":"https://law.lis.virginia.gov/vacode/8.9A-323/","current_through":"9/4/2026","vintage":"","retrieved_at":"2026-09-04T15:13:29Z","sha256":"9b7b719e037fa98bc1b72068c25f58b4d9c08a991f13c1c67362eab19f1e0e4e","source_id":"us-va","stale":true,"prev":"us-va/va.-code-8.9a-322","next":"us-va/va.-code-8.9a-324"},"notice":"GroundRules: Original legal text. Not legal advice."}