North Dakota Code 41-09-44 – (9-324) Priority of purchase-money security interests
1. Except as otherwise provided in subsection 7, a perfected purchase-money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in section 41-09-47, a perfected security interest in its identifiable proceeds also has priority, if the purchase-money security interest is perfected when the debtor receives possession of the collateral or within twenty days thereafter.
Terms Used In North Dakota Code 41-09-44
- 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
- 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
2. Subject to subsection 3 and except as otherwise provided in subsection 7, a perfected purchase-money security interest in inventory has priority over a conflicting security interest in the same inventory, has priority over a conflicting security interest in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of the chattel paper, if so provided in section 41-09-50, and, except as otherwise provided in section 41-09-47, also has priority in identifiable cash proceeds of the inventory to the extent the identifiable cash proceeds are received on or before the delivery of the inventory to a buyer, if:
a. The purchase-money security interest is perfected when the debtor receives possession of the inventory; b. The purchase-money secured party sends a signed notification to the holder of the conflicting security interest; c. The holder of the conflicting security interest receives the notification within five years before the debtor receives possession of the inventory; and
d. The notification states that the person sending the notification has or expects to acquire a purchase-money security interest in inventory of the debtor and describes the inventory.
3. Subdivisions b through d of subsection 2 apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of inventory:
a. If the purchase-money security interest is perfected by filing, before the date of the filing; or
b. If the purchase-money security interest is temporarily perfected without filing or possession under subsection 6 of section 41-09-32, before the beginning of the twenty-day period thereunder.
4. Subject to subsection 5 and except as otherwise provided in subsection 7, a perfected purchase-money security interest in livestock that are farm products has priority over a conflicting security interest in the same livestock, and, except as otherwise provided in section 41-09-47, a perfected security interest in their identifiable proceeds and identifiable products in their unmanufactured states also has priority, if:
a. The purchase-money security interest is perfected when the debtor receives possession of the livestock; b. The purchase-money secured party sends a signed notification to the holder of the conflicting security interest; c. The holder of the conflicting security interest receives the notification within six months before the debtor receives possession of the livestock; and
d. The notification states that the person sending the notification has or expects to acquire a purchase-money security interest in livestock of the debtor and describes the livestock.
5. Subdivisions b through d of subsection 4 apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of livestock:
a. If the purchase-money security interest is perfected by filing, before the date of the filing; or
b. If the purchase-money security interest is temporarily perfected without filing or possession under subsection 6 of section 41-09-32, before the beginning of the twenty-day period thereunder.
6. Except as otherwise provided in subsection 7, a perfected purchase-money security interest in software has priority over a conflicting security interest in the same collateral, and, except as otherwise provided in section 41-09-47, a perfected security interest in its identifiable proceeds also has priority, to the extent that the purchase-money security interest in the goods in which the software was acquired for use has priority in the goods and proceeds of the goods under this section.
7. If more than one security interest qualifies for priority in the same collateral under subsection 1, 2, 3, or 4:
a. A security interest securing an obligation incurred as all or part of the price of the collateral has priority over a security interest securing an obligation incurred for value given to enable the debtor to acquire rights in or the use of collateral; and
b. In all other cases, subsection 1 of section 41-09-42 applies to the qualifying security interests.