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HomeCommercial CodeDiv. 9Ch. 3§ 9329 Priority Conflicting Security Interests

§ 9329 Priority Conflicting Security Interests

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 9329 Priority Conflicting Security Interests

Key Takeaways

  • •If two people claim the same letter-of-credit right, the one who has control of it gets priority.
  • •If both have control, the one who got control first wins.
  • •Control means having the power to use or direct the letter-of-credit right.

Example

Two banks, Bank A and Bank B, both claim the same letter-of-credit right from a company.

If Bank A has control of the letter-of-credit right, it gets priority over Bank B. If both banks have control, the one that got control first gets priority.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 9329 Priority Conflicting Security Interests

The following rules govern priority among conflicting security interests in the same letter-of-credit right: (1) A security interest held by a secured party having control of the letter-of-credit right under Section 9107 has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control. (2) Security interests perfected by control under Section 9314 rank according to priority in time of obtaining control. (Added by Stats. 1999, Ch. 991, Sec. 35. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991 and Section 9701.)

Last verified: January 23, 2026

Key Terms

security interestcontrolletter-of-credit rightpriority in time

Related Statutes

  • § 9328 Priority Conflicting Security Interests Investment
  • § 9306 Letter Of Credit Security Interests
  • § 9314.1 Chattel Paper Perfection Rules
  • § 9326.1 Priority Control Security Interests
  • § 9327 Priority Conflicting Security Interests Deposit Ac

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 9329.
View Official Source