North Dakota Code 41-09-128 – (9-706) When initial financing statement suffices to continue effectiveness of financing statement
1. The filing of an initial financing statement in the office specified in section 41-09-72 continues the effectiveness of a financing statement filed before July 1, 2001, if:
Terms Used In North Dakota Code 41-09-128
- 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
a. The filing of an initial financing statement in that office would be effective to perfect a security interest under this chapter; b. The pre-effective-date financing statement was filed in an office in another state or another office in this state; and
c. The initial financing statement satisfies subsection 3.
2. The filing of an initial financing statement under subsection 1 continues the effectiveness of the pre-effective-date financing statement:
a. If the initial financing statement is filed before July 1, 2001, for the period provided in the former section 41-09-42 with respect to a financing statement; and b. If the initial financing statement is filed after July 1, 2001, for the period provided in section 41-09-86 with respect to an initial financing statement.
3. To be effective for purposes of subsection 1, an initial financing statement must:
a. Satisfy the requirements of part 5 for an initial financing statement; b. Identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
c. Indicate that the pre-effective-date financing statement remains effective.