North Dakota Code 41-09-32 – (9-312) Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, documents, goods covered by documents, instruments, in…
1. A security interest in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, instruments, investment property, or negotiable documents may be perfected by filing.
Terms Used In North Dakota Code 41-09-32
- 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
- paper: means any flexible material upon which it is usual to write. See North Dakota Code 1-01-27
- Property: includes property, real and personal. See North Dakota Code 1-01-49
2. Except as otherwise provided in subsections 3 and 4 of section 41-09-35 for proceeds:
a. A security interest in a deposit account or an uncertificated certificate of deposit may be perfected only by control under section 41-09-34; b. Except as otherwise provided in subsection 4 of section 41-09-28, a security interest in a letter-of-credit right may be perfected only by control under section 41-09-34; c. A security interest in tangible money or a certificated certificate of deposit may be perfected only by the secured party’s taking possession under section 41-09-33; and
d. A security interest in electronic money may be perfected only by control under section 41-09-34.
3. While goods are in the possession of a bailee that has issued a negotiable document covering the goods:
a. A security interest in the goods may be perfected by perfecting a security interest in the document; and
b. A security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time.
4. While goods are in the possession of a bailee that has issued a non-negotiable document covering the goods, a security interest in the goods may be perfected by:
a. Issuance of a document in the name of the secured party; b. The bailee’s receipt of notification of the secured party’s interest; or c. Filing as to the goods.
5. A security interest in certificated certificates of deposit, certificated securities, negotiable documents, or instruments is perfected without filing or the taking of possession or control for a period of twenty days from the time it attaches to the extent that it arises for new value given under a signed security agreement.
6. A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for twenty days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of:
a. Ultimate sale or exchange; or
b. Loading, unloading, storing, shipping, trans-shipping, manufacturing, processing, or otherwise dealing with them in a manner preliminary to their sale or exchange.
7. A perfected security interest in a certificated certificate of deposit, certificated security, or instrument remains perfected for twenty days without filing if the secured party delivers the security certificate, certificated certificate of deposit, or instrument to the debtor for the purpose of:
a. Ultimate sale or exchange; or
b. Presentation, collection, enforcement, renewal, or registration of transfer.
8. After the twenty-day period specified in subsection 5, 6, or 7 expires, perfection depends upon compliance with this chapter.