North Dakota Code 41-09-69 – (9-407) Restrictions on creation or enforcement of security interest in leasehold interest or in lessor’s residual interest
1. Except as otherwise provided in subsection 2, a term in a lease agreement is ineffective to the extent that the term:
Terms Used In North Dakota Code 41-09-69
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
a. Prohibits, restricts, or requires the consent of a party to the lease to the assignment, transfer, creation, attachment, perfection, or enforcement of a security interest in an interest of a party under the lease contract or in the lessor’s residual interest in the goods; or
b. Provides that the assignment, transfer, creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the lease.
2. Except as otherwise provided in subsection 6 of section 41-02.1-33, a term described in subdivision b of subsection 1 is effective to the extent that there is:
a. A transfer by the lessee of the lessee’s right of possession or use of the goods in violation of the term; or
b. A delegation of a material performance of either party to the lease contract in violation of the term.
3. The creation, attachment, perfection, or enforcement of a security interest in the lessor’s interest under the lease contract or the lessor’s residual interest in the goods is not a transfer that materially impairs the lessee’s prospect of obtaining return performance or materially changes the duty of or materially increases the burden or risk imposed on the lessee within the purview of subsection 4 of section 41-02.1-33 unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the lessor.