§ 7-104 Adoption of provisions of the Uniform Commercial Code.
Notwithstanding any provision of the laws of the Tribe to the contrary, the provisions of Articles 1, 8 and 9 of the Uniform Commercial Code in effect from time to time in the state of California (as the same may be amended from time to time by the legislature, the “California Commercial Code”) are adopted and incorporated by reference as if set out in full herein as the law of the Tribe applicable to all security interests granted by the Tribe or any agency, tribal corporation, enterprise, subdivision, component or other instrumentality of the Tribe, except as follows:
A. The provisions of Section 9109 of the California Commercial Code or any corresponding successor provisions of the laws of the state of California which would exempt security interests granted by a government or governmental entity from the scope of Article 9 of the Uniform Commercial Code are not and shall not be applicable to any security interests expressly granted by the Tribe or any agency, tribal corporation, enterprise, subdivision, component or other instrumentality of the Tribe;
B. The filing office in which financing statements must be filed to perfect a security interest granted by the Tribe, or by any agency, tribal corporation, enterprise, subdivision, component or other instrumentality of the Tribe, shall be the office of the Secretary of State of the state of California or any other filing office designated by Section 9501 of the California Commercial Code or any corresponding successor provisions of the laws of the state of California; provided, that no financing statement shall be required to be filed with the Tribe, nor shall any such filing with the Tribe be effective;
C. Without limiting the generality of the foregoing, the provisions of the California Commercial Code that determine the location of a debtor shall not be applied, and the perfection, effect of perfection or nonperfection, and priority of any security interest to which this chapter applies shall be determined in accordance with the California Commercial Code as if each grantor were (for purposes of Sections 9301 through 9307 of the California Commercial Code) located in the state of California and as if all lands within the Tribe’s reservation, and all lands held by the United States in trust for the benefit of the Tribe or any agency, tribal corporation, enterprise, subdivision, component or other instrumentality of the Tribe over which the Tribe or any agency, tribal corporation, enterprise, subdivision, component or other instrumentality of the Tribe exercises jurisdiction were located in the state of California; and
D. A security interest granted by the Tribe, or by any agency, tribal corporation, enterprise, subdivision, component or other instrumentality of the Tribe, in any money, earnings, income and revenues, and all rights to and interest with respect to receiving the foregoing before actual possession thereof, whether in the form of money, deposit accounts, investments, accounts, instruments or other assets, and the proceeds thereof (collectively, “pledged revenues”), shall be created and attach upon the giving of value and the granting of such security interest in writing executed by the grantor, and such security interest may be perfected by the filing of a financing statement in the manner and in the location as provided by subsection (B) of this section, as if all of such pledged revenues were accounts. (Res. 2019-18)