South Dakota Codified Laws 57A-11-106. Required refilings
(1) If a security interest is perfected or has priority when this 1983 Act takes effect as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under this 1983 Act, the perfection and priority rights of the security interest continue until three years after July 1, 1983. The perfection will then lapse unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
(2) If a security interest is perfected when this 1983 Act takes effect under a law other than the Uniform Commercial Code which requires no further filing, refiling or recording to continue its perfection, perfection continues until and will lapse three years after this 1983 Act takes effect, unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing, or unless under subsection (3) of § 57A-9-302 the other law continues to govern filing.
Terms Used In South Dakota Codified Laws 57A-11-106
- Statute: A law passed by a legislature.
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
(3) If a security interest is perfected by a filing, refiling or recording under a law repealed by this 1983 Act which required further filing, refiling or recording to continue its perfection, perfection continues and will lapse on the date provided by the law so repealed for such further filing, refiling or recording unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
(4) A financing statement may be filed within six months before the perfection of a security interest would otherwise lapse. Any such financing statement may be signed by either the debtor or the secured party. It must identify the security agreement, statement or notice (however denominated in any statute or other law repealed or modified by this 1983 Act), state the office where and the date when the last filing, refiling or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement or notice, however denominated, in another filing office under the Uniform Commercial Code or under any statute or other law repealed or modified by this 1983 Act is still effective. Sections 57A-9-401 and 57A-9-103 determine the proper place to file such a financing statement. Except as specified in this section, the provisions of § 57A-9-403(3) for continuation statements apply to such a financing statement.
Source: SDCL, § 57A-11-106, enacted by SL 1982, ch 347, § 38; SL 1983, ch 367, § 7.