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HomeCommercial CodeDiv. 8Ch. 6§ 8603 Security Interest Transition Rules

§ 8603 Security Interest Transition Rules

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

§ 8603 Security Interest Transition Rules

Key Takeaways

  • •If a security interest was already in place before this law started, it stays valid if it meets the new rules.
  • •If the old way of securing an interest doesn’t fit the new rules, it stays valid for 4 months. After that, you must follow the new rules to keep it valid.
  • •If you need to file a form to keep the security interest valid, the person who lent the money can sign it instead of the borrower, but only for a short time.

Example

Imagine you lent your friend money and took their bike as security before this law started. Under the old rules, you just kept the bike at your house to secure the loan.

If the new law says you now need to file a paper to make it official, your old agreement stays valid for 4 months. After that, you must file the paper to keep the bike as security. If you don’t, the security interest might not count anymore.

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

Official Source
View on CA.gov

§ 8603 Security Interest Transition Rules

(a) This division does not affect an action or proceeding commenced before this division becomes operative. (b) If a security interest in a security is perfected at the date this division becomes operative, and the action by which the security interest was perfected would suffice to perfect a security interest under this division, no further action is required to continue perfection. If a security interest in a security is perfected at the date this division takes effect but the action by which the security interest was perfected would not suffice to perfect a security interest under this division, the security interest remains perfected for a period of four months after the operative date and continues perfected thereafter if appropriate action to perfect under this division is taken within that period. If a security interest is perfected at the date this division becomes operative and the security interest can be perfected by filing under Division 9 (commencing with Section 9101), a financing statement signed by the secured party instead of the debtor may be filed within that period to continue perfection or thereafter to perfect and that financing statement shall contain a statement that it is being filed pursuant to this section. (Amended by Stats. 1999, Ch. 991, Sec. 33.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)

Last verified: January 23, 2026

Key Terms

security interestperfectedoperative datefinancing statement

Related Statutes

  • § 9317 Priority Of Security Interests
  • § 9320 Buyer Protection From Security Interests
  • § 2602 Buyer Rejection Of Goods
  • § 9601 Secured Party Post-Default Rights
  • § 9617 Collateral Disposition After Default

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 8603.
View Official Source