North Dakota Code 41-09-09 – (9-109) Scope
1. Except as otherwise provided in subsections 3 and 4, this chapter applies to:
Terms Used In North Dakota Code 41-09-09
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- paper: means any flexible material upon which it is usual to write. See North Dakota Code 1-01-27
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Rule: includes regulation. See North Dakota Code 1-01-49
- 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
- Statute: A law passed by a legislature.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract; b. An agricultural lien; c. A sale of accounts, chattel paper, payment intangibles, or promissory notes; d. A consignment; e. A security interest arising under section 41-02-46, section 41-02-53, subsection 3 of section 41-02-90, or subsection 5 of section 41-02.1-56, as provided in section 41-09-10; and
f. A security interest arising under section 41-04-22 or 41-05-18.
2. Except as provided in section 47-19-41, the application of this chapter to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this chapter does not apply.
3. This chapter does not apply to the extent that:
a. A statute, regulation, or treaty of the United States preempts this chapter; b. A statute of another state, a foreign country, or a governmental unit of another state or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the state, country, or governmental unit; or
c. The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under section 41-05-14.
4. This chapter does not apply to:
a. A landlord’s lien, other than an agricultural lien; b. A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but section 41-09-53 applies with respect to priority of the lien; c. An assignment of a claim for wages, salary, or other compensation of an employee; d. A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose; e. An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only; f. An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract; g. An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a pre-existing indebtedness; h. A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health care provider of a health care insurance receivable and any subsequent assignment of the right to payment, but sections 41-09-35 and 41-09-42 apply with respect to proceeds and priorities in proceeds; i. An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral; j. A right of recoupment or setoff, but:
(1) Section 41-09-60 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts or certificates of deposit; and
(2) Section 41-09-66 applies with respect to defenses or claims of an account debtor; k. The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:
(1) Liens on real property in sections 41-09-13 and 41-09-28; (2) Fixtures in section 41-09-54; (3) Fixture filings in sections 41-09-72, 41-09-73, 41-09-87, and 41-09-90; and
(4) Security agreements covering personal and real property in section 41-09-101; l. An assignment of a claim arising in tort, other than a commercial tort claim, but sections 41-09-35 and 41-09-42 apply with respect to proceeds and priorities in proceeds; or
m. A transfer by this state or a governmental unit of this state.