North Dakota Code 41-09-24 – (9-304) Law governing perfection and priority of security interests in deposit accounts or certificates of deposit
1. The local law of a bank’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account or certificate of deposit maintained with that bank even if the transaction does not bear any relation to the bank’s jurisdiction.
Terms Used In North Dakota Code 41-09-24
- 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
- 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.
2. The following rules determine a bank’s jurisdiction for purposes of this part:
a. If an agreement between the bank and its customer governing the deposit account or certificate of deposit expressly provides that a particular jurisdiction is the bank’s jurisdiction for purposes of this part, this chapter, or this title, that jurisdiction is the bank’s jurisdiction.
b. If subdivision a does not apply and an agreement between the bank and its customer governing the deposit account or certificate of deposit expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the bank’s jurisdiction.
c. If neither subdivision a nor b applies and an agreement between the bank and the bank’s customer governing the deposit account or certificate of deposit expressly provides that the deposit account or certificate of deposit is maintained at an office in a particular jurisdiction, that jurisdiction is the bank’s jurisdiction.
d. If none of the preceding subdivisions applies, the bank’s jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the customer’s account is located.
e. If none of the preceding subdivisions applies, the bank’s jurisdiction is the jurisdiction in which the chief executive office of the bank is located.