Contact Us

If you still have questions or prefer to get help directly from an agent, please submit a request.
We’ll get back to you as soon as possible.

Please fill out the contact form below and we will reply as soon as possible.

  • Courses
  • Find a Job
  • Tutoring
  • Home
  • Law, Transactions, & Risk Management
  • Commercial Law: Contract, Payments, Security Interests, & Bankruptcy

Purchase Money Security Interest in Inventory - Explained

What is a PMSI in Inventory?

Written by Jason Gordon

Updated at September 26th, 2021

Contact Us

If you still have questions or prefer to get help directly from an agent, please submit a request.
We’ll get back to you as soon as possible.

Please fill out the contact form below and we will reply as soon as possible.

  • Marketing, Advertising, Sales & PR
    Principles of Marketing Sales Advertising Public Relations SEO, Social Media, Direct Marketing
  • Accounting, Taxation, and Reporting
    Managerial & Financial Accounting & Reporting Business Taxation
  • Professionalism & Career Development
  • Law, Transactions, & Risk Management
    Government, Legal System, Administrative Law, & Constitutional Law Legal Disputes - Civil & Criminal Law Agency Law HR, Employment, Labor, & Discrimination Business Entities, Corporate Governance & Ownership Business Transactions, Antitrust, & Securities Law Real Estate, Personal, & Intellectual Property Commercial Law: Contract, Payments, Security Interests, & Bankruptcy Consumer Protection Insurance & Risk Management Immigration Law Environmental Protection Law Inheritance, Estates, and Trusts
  • Business Management & Operations
    Operations, Project, & Supply Chain Management Strategy, Entrepreneurship, & Innovation Business Ethics & Social Responsibility Global Business, International Law & Relations Business Communications & Negotiation Management, Leadership, & Organizational Behavior
  • Economics, Finance, & Analytics
    Economic Analysis & Monetary Policy Research, Quantitative Analysis, & Decision Science Investments, Trading, and Financial Markets Banking, Lending, and Credit Industry Business Finance, Personal Finance, and Valuation Principles
  • Courses
+ More

Table of Contents

What is the priority of a purchase-money security interest in inventory?What is Perfection at Time of Possession? What is Notice to Secured Parties? What is Description of the PMSI Collateral? Discussion QuestionPractice QuestionAcademic Research

What is the priority of a purchase-money security interest in inventory?

Special rules apply to purchase money security interests in inventory. 9-324(b). In order to qualify for PMSI priority in inventory, the secured transaction must meet the following requirements.

Next Article: Priority in Conflicting Purchase Money Security Interests Back to: SECURED TRANSACTIONS

What is Perfection at Time of Possession? 

The PMSI must have been perfected at the time the debtor takes possession of the inventory. This means the security agreement and value extended must have taken place prior to the receipt of the inventory.

Note: This can be temporary automatic perfection that is later extended by filing within the 20-day window. The key aspect is that the security agreement must have already attached.

What is Notice to Secured Parties? 

The secured party must provide authenticated notification to any holders of conflicting security interests in the debtors collateral prior to perfection. The holder of the conflicting security interest must receive the notice within 5 years prior to the debtor obtaining possession of the collateral.

Note: Lenders who finance the purchase of inventory often send blanket notices to secured creditors that they will be extending credit and perfect a security interest.

What is Description of the PMSI Collateral? 

The notification to other secured parties must state that the creditor intends to take a PMSI in the debtors inventory and it must describe the inventory.

The UCC extends PMSI priority to identifiable proceeds from the sale of the collateral. The priority in cash is limited, however, if the cash is deposited in a deposit account. 9-327.

Related Topics

  • What are the general Priority Rules for Conflicting security interests?
  • Subordination Agreement
  • Who has Priority in Proceeds from the sale of collateral?
  • What is a secured party's priority in future advances to a debtor?
  • What is the priority of a PMSI in goods (other than inventory and livestock)?
  • What is the priority of a PMSI in inventory?
  • What is the priority of conflicting PMSIs?
  • What is the priority of security interests in fixtures?
  • What is the scope of fixture priority rules?

Discussion Question

Why do you think the law requires additional notification procedures to claim a PMSI in inventory? Why do you think the law requires perfection at the time the debtor takes possession? Does this right detriment existing secured creditors? Why or why not?

Practice Question

ABC Corp is a lender that regularly finances inventory purchase for small businesses. ABC loans money to 123, LLC to purchase inventory. LLC has numerous creditors with perfected security interests in all of 123s assets. What process must ABC follow if it intends to lend money to 123 to purchase inventory and wishes to perfect a purchase money security interest?

Academic Research


purchase money security interest inventory

Was this article helpful?

Yes
No

Related Articles

  • Proof of Claims in Bankruptcy Case - Explained
  • Contract Warranties - Explained
  • Commercial Paper (Intro)
  • Escalation Clause (Contract) - Explained



©2011-2023. The Business Professor, LLC.
  • Privacy

  • Questions

Definition by Author

0
0
Expand