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HomeCommercial CodeDiv. 9Ch. 4§ 9401 Debtor Collateral Transfer Rules

§ 9401 Debtor Collateral Transfer Rules

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

§ 9401 Debtor Collateral Transfer Rules

Key Takeaways

  • •If you owe money and have something valuable (like a car) as security, you can usually sell or give it away unless there’s a special rule.
  • •Even if your contract says you can’t sell or give away that valuable thing, selling it still happens—you just might get in trouble for breaking the contract.
  • •Some special cases (like in other sections of the law) might change these rules.

Example

You borrow money from a bank to buy a car, and the car is the security for the loan.

If your contract with the bank says you can’t sell the car, but you sell it anyway, the sale still happens. However, the bank can say you broke the contract and might ask you to pay the loan back early.

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

Official Source
View on CA.gov

§ 9401 Debtor Collateral Transfer Rules

(a) Except as otherwise provided in subdivision (b) and in Sections 9406, 9407, 9408, and 9409, whether a debtor’s rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this division. (b) An agreement between the debtor and secured party which prohibits a transfer of the debtor’s rights in collateral or makes the transfer a default does not prevent the transfer from taking effect. (Repealed and added by Stats. 1999, Ch. 991, Sec. 35.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

debtor’s rights in collateraltransfersecured party

Related Statutes

  • § 9402 Secured Party Liability Limits
  • § 10401 Lease Performance Assurance Rights
  • § 10402 Lease Contract Repudiation Rights
  • § 10403 Repudiation Retraction In Leases
  • § 10404 Substitute Performance Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 9401.
View Official Source