North Dakota Code 41-09-25 – (9-305) Law governing perfection and priority of security interests in investment property
1. Except as otherwise provided in subsection 3, the following rules apply:
Terms Used In North Dakota Code 41-09-25
- 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
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
a. While a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby.
b. The local law of the issuer’s jurisdiction as specified in subsection 4 of section 41-08-10 governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security.
c. The local law of the securities intermediary’s jurisdiction as specified in subsection 5 of section 41-08-10 governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account.
d. The local law of the commodity intermediary’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity contract or commodity account.
e. Subdivisions b, c, and d apply even if the transaction does not bear any relation to the jurisdiction.
2. The following rules determine a commodity intermediary’s jurisdiction for purposes of sections 41-09-21 through 41-09-62:
a. If an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediary’s jurisdiction for purposes of sections 41-09-21 through 41-09-62, this chapter, or this title, that jurisdiction is the commodity intermediary’s jurisdiction.
b. If subdivision a does not apply and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.
c. If neither subdivision a nor b applies and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the commodity account is maintained at an office in a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.
d. If none of the preceding subdivisions applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the commodity customer’s account is located.
e. If none of the preceding subdivisions applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the chief executive office of the commodity intermediary is located.
3. The local law of the jurisdiction in which the debtor is located governs:
a. Perfection of a security interest in investment property by filing; b. Automatic perfection of a security interest in investment property created by a broker or securities intermediary; and
c. Automatic perfection of a security interest in a commodity contract or commodity account created by a commodity intermediary.