North Dakota Code 41-09-27 – (9-307) Location of debtor
1. In this section, “place of business” means a place where a debtor conducts its affairs.
Terms Used In North Dakota Code 41-09-27
- Debtor: means a natural person whose name was provided in a financing statement record as an individual debtor or one of the types of persons listed in section 41-09-76. See North Dakota Code 41-10-01
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. Except as otherwise provided in this section, the following rules determine a debtor’s location:
a. A debtor who is an individual is located at the individual’s principal residence.
b. A debtor that is an organization and has only one place of business is located at its place of business.
c. A debtor that is an organization and has more than one place of business is located at its chief executive office.
3. Subsection 2 applies only if a debtor’s residence, place of business, or chief executive office, as applicable, is located in a jurisdiction whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording, or registration system as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection 2 does not apply, the debtor is located in the District of Columbia.
4. A person that ceases to exist, have a residence, or have a place of business continues to be located in the jurisdiction specified by subsections 2 and 3.
5. A registered organization that is organized under the law of a state is located in that state.
6. Except as otherwise provided in subsection 9, a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a state are located:
a. In the state that the law of the United States designates, if the law designates a state of location; b. In the state that the registered organization, branch, or agency designates, if the law of the United States authorizes the registered organization, branch, or agency to designate its state of location, including by designation its main office, home office, or other comparable office; or
c. In the District of Columbia, if neither subdivision a nor b applies.
7. A registered organization continues to be located in the jurisdiction specified by subsection 5 or 6 notwithstanding:
a. The suspension, revocation, forfeiture, or lapse of the registered organization’s status as such in its jurisdiction of organization; or
b. The dissolution, winding up, or cancellation of the existence of the registered organization.
8. The United States is located in the District of Columbia.
9. A branch or agency of a bank that is not organized under the law of the United States or a state is located in the state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state.
10. A foreign air carrier under the Federal Aviation Act of 1958, as amended, [Pub. L.
85-726; 72 Stat. 731] is located at the designated office of the agent upon which service of process may be made on behalf of the carrier.
11. This section applies only for purposes of this part.