N.D. Cent. Code ch. 41-09 – Secured Transactions | Midpage

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North Dakota Century Code

Chapter 41-09

N.D. Cent. Code ch. 41-09

Secured Transactions

41-09-01(9-101) Short title 41-09-02(9-102) Definitions and index of definitions 41-09-03(9-103) Purchase-money security interest - Application of payments - Burden of establishing 41-09-04(9-104) Control of deposit account or uncertificated certificate of deposit 41-09-05(9-105) Control of electronic copy of record evidencing chattel paper 41-09-05.1(9-105A) Control of electronic money 41-09-06(9-106) Control of investment property 41-09-07(9-107) Control of letter-of-credit right 41-09-07.1(9-107A) Control of controllable electronic record, controllable account, or controllable payment intangible 41-09-07.2(9-107B) No requirement to acknowledge or confirm - No duties 41-09-08(9-108) Sufficiency of description 41-09-09(9-109) Scope 41-09-10(9-110) Security interests arising under chapter 41-02 or 41-02.1 41-09-11(9-201) General effectiveness of security agreement 41-09-12(9-202) Title to collateral immaterial 41-09-13(9-203) Attachment and enforceability of security interest - Proceeds - Supporting obligations - Formal requisites 41-09-14(9-204) After-acquired property - Future advances 41-09-15(9-205) Use or disposition of collateral permissible 41-09-16(9-206) Security interest arising in purchase or delivery of financial asset 41-09-17(9-207) Rights and duties of secured party having possession or control of collateral 41-09-18(9-208) Additional duties of secured party having control of collateral 41-09-19(9-209) Duties of secured party if account debtor has been notified of assignment 41-09-20(9-210) Request for accounting - Request regarding list of collateral or statement of account 41-09-21(9-301) Law governing perfection and priority of security interests 41-09-22(9-302) Law governing perfection and priority of agricultural liens 41-09-23(9-303) Law governing perfection and priority of security interests in goods covered by a certificate of title 41-09-24(9-304) Law governing perfection and priority of security interests in deposit accounts or certificates of deposit 41-09-25(9-305) Law governing perfection and priority of security interests in investment property 41-09-26(9-306) Law governing perfection and priority of security interests in letter-of-credit rights 41-09-26.1(9-306A) Law governing perfection and priority of security interests in chattel paper 41-09-26.2(9-306B) Law governing perfection and priority of security interests in controllable accounts, controllable electronic records, and controllable payment intangibles 41-09-27(9-307) Location of debtor 41-09-28(9-308) When security interest or agricultural lien is perfected - Continuity of perfection 41-09-29(9-309) Security interest perfected upon attachment 41-09-30(9-310) When filing required to perfect security interest or agricultural lien - Security interests and agricultural liens to which filing provisions do not apply 41-09-31(9-311) Perfection of security interests in property subject to certain statutes, regulations, and treaties 41-09-32(9-312) Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, money, and uncertificated certificates of deposit - Perfection by permissive filing - Temporary perfection without filing or transfer of possession 41-09-33(9-313) When possession by or delivery to secured party perfects security interest without filing 41-09-34(9-314) Perfection by control 41-09-34.1(9-314A) Perfection by possession and control of chattel paper 41-09-35(9-315) Secured party's rights on disposition of collateral and in proceeds 41-09-36(9-316) Effect of change in governing law 41-09-37(9-317) Interests that take priority over or take free of security interest or agricultural lien 41-09-38(9-318) No interest retained in right to payment that is sold - Rights and title of seller of account or chattel paper with respect to creditors and purchasers 41-09-39(9-319) Rights and title of consignee with respect to creditors and purchasers 41-09-40(9-320) Buyer of goods 41-09-41(9-321) Licensee of general intangible and lessee of goods in ordinary course of business 41-09-42(9-322) Priorities among conflicting security interests in and agricultural liens on same collateral 41-09-43(9-323) Future advances 41-09-44(9-324) Priority of purchase-money security interests 41-09-45(9-325) Priority of security interests in transferred collateral 41-09-46(9-326) Priority of security interests created by new debtor 41-09-46.1(9-326A) Priority of security interest in controllable account, controllable electronic record, and controllable payment intangible 41-09-47(9-327) Priority of security interests in deposit account and uncertificated certificate of deposit 41-09-48(9-328) Priority of security interests in investment property 41-09-49(9-329) Priority of security interests in letter-of-credit right 41-09-50(9-330) Priority of purchaser of chattel paper or instrument 41-09-51(9-331) Priority of rights of purchasers of controllable accounts, controllable electronic records, controllable payment intangibles, documents, instruments, and securities under other articles - Priority of interests in financial assets and security entitlements and protection against assertion of claim under chapters 41-08 and 41-12 41-09-52(9-332) Transfer of money - Transfer of funds from deposit account 41-09-53(9-333) Priority of certain liens arising by operation of law 41-09-54(9-334) Priority of security interests in fixtures and crops 41-09-55(9-335) Accessions 41-09-56(9-336) Commingled goods 41-09-57(9-337) Priority of security interests in goods covered by certificate of title 41-09-58(9-338) Priority of security interest perfected by filed financing statement providing certain incorrect information 41-09-59(9-339) Priority subject to subordination 41-09-60(9-340) Effectiveness of right of recoupment or setoff against deposit account or certificate of deposit 41-09-61(9-341) Bank's rights and duties with respect to deposit account or certificate of deposit 41-09-62(9-342) Bank's right to refuse to enter into or disclose existence of control agreement 41-09-63(9-401) Alienability of debtor's rights 41-09-64(9-402) Secured party not obligated on contract of debtor or in tort 41-09-65(9-403) Agreement not to assert defenses against assignee 41-09-66(9-404) Rights acquired by assignee - Claims and defenses against assignee 41-09-67(9-405) Modification of assigned contract 41-09-68(9-406) Discharge of account debtor - Notification of assignment - Identification and proof of assignment - Restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective 41-09-69(9-407) Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest 41-09-70(9-408) Restrictions on assignment of promissory notes, health care insurance receivables, and certain general intangibles ineffective 41-09-71(9-409) Restrictions on assignment of letter-of-credit rights ineffective 41-09-72(9-501) Filing office 41-09-73(9-502) Contents of financing statement - Record of mortgage as financing statement - Time of filing financing statement - Amending financing statement 41-09-74(9-503) Name of debtor and secured party 41-09-75(9-504) Indication of collateral 41-09-76(9-505) Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions 41-09-77(9-506) Effect of errors or omissions 41-09-78(9-507) Effect of certain events on effectiveness of financing statement 41-09-79(9-508) Effectiveness of financing statement if new debtor becomes bound by security agreement 41-09-80(9-509) Persons entitled to file a record 41-09-81(9-510) Effectiveness of filed record 41-09-82(9-511) Secured party of record 41-09-83(9-512) Amendment of financing statement 41-09-84(9-513) Termination statement - Remedies - Fees 41-09-85(9-514) Assignment of powers of secured party of record 41-09-86(9-515) Duration and effectiveness of financing statement - Effect of lapsed financing statement 41-09-87(9-516) What constitutes filing - Effectiveness of filing 41-09-88(9-517) Effect of indexing errors 41-09-89(9-518) Claim concerning inaccurate or wrongfully filed record 41-09-90(9-519) Numbering, maintaining, and indexing records - Communicating information provided in records 41-09-91(9-520) Acceptance and refusal to accept record 41-09-92(9-521) Uniform form of written financing statement and amendment 41-09-93(9-522) Maintenance and destruction of records 41-09-94(9-523) Information from filing office - Sale or license of records 41-09-95(9-524) Delay by filing office 41-09-96(9-525) Fees 41-09-97(9-526) Rules 41-09-98(9-601) Rights after default - Judicial enforcement - Consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes 41-09-99(9-602) Waiver and variance of rights and duties 41-09-100(9-603) Agreement on standards concerning rights and duties 41-09-101(9-604) Procedure if security agreement covers real property or fixtures 41-09-102(9-605) Unknown debtor or secondary obligor 41-09-103(9-606) Time of default for agricultural lien 41-09-104(9-607) Collection and enforcement by secured party 41-09-105(9-608) Application of proceeds of collection or enforcement - Liability for deficiency and right to surplus 41-09-106(9-609) Secured party's right to take possession after default 41-09-107(9-610) Disposition of collateral after default 41-09-108(9-611) Notification before disposition of collateral 41-09-109(9-612) Timeliness of notification before disposition of collateral 41-09-110(9-613) Contents and form of notification before disposition of collateral - General 41-09-111(9-615) Application of proceeds of disposition - Liability for deficiency and right to surplus 41-09-112(9-617) Rights of transferee of collateral 41-09-113(9-618) Rights and duties of certain secondary obligors 41-09-114(9-619) Transfer of record or legal title 41-09-115(9-620) Acceptance of collateral in full or partial satisfaction of obligation - Compulsory disposition of collateral 41-09-116(9-621) Notification of proposal to accept collateral 41-09-117(9-622) Effect of acceptance of collateral 41-09-118(9-623) Right to redeem collateral 41-09-119(9-624) Waiver 41-09-120(9-625) Remedies for secured party's failure to comply with chapter 41-09-121(9-626) Action in which deficiency or surplus is in issue 41-09-122(9-627) Determination of whether conduct was commercially reasonable 41-09-123(9-628) Nonliability and limitation on liability of secured party - Liability of secondary obligor 41-09-124(9-702) Savings clause 41-09-125(9-703) Security interest perfected before effective date 41-09-126(9-704) Security interest unperfected before effective date 41-09-127(9-705) Effectiveness of action taken before effective date 41-09-128(9-706) When initial financing statement suffices to continue effectiveness of financing statement 41-09-129(9-707) Amendment of pre-effective-date financing statement 41-09-130(9-708) Persons entitled to file initial financing statement or continuation statement 41-09-131(9-709) Priority 41-09-132(9-802) Savings clause 41-09-133(9-803) Security interest perfected before effective date 41-09-134(9-804) Security interest unperfected before effective date 41-09-135(9-805) Effectiveness of action taken before effective date 41-09-136(9-806) When initial financing statement suffices to continue effectiveness of financing statement 41-09-137(9-807) Amendment of pre-effective-date financing statement 41-09-138(9-808) Person entitled to file initial financing statement or continuation statement 41-09-139(9-809) Priority