North Dakota Code 41-09-30 – (9-310) When filing required to perfect security interest or agricultural lien – Security interests and agricultural liens to which filing provisions do not apply
1. Except as otherwise provided in subsection 2 and subsection 2 of section 41-09-32, a financing statement must be filed to perfect all security interests and agricultural liens.
Terms Used In North Dakota Code 41-09-30
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
- Statute: A law passed by a legislature.
2. The filing of a financing statement is not necessary to perfect a security interest:
a. That is perfected under subsection 4, 5, 6, or 7 of section 41-09-28; b. That is perfected under section 41-09-29 when it attaches; c. In property subject to a statute, regulation, or treaty described in subsection 1 of section 41-09-31; d. In goods in possession of a bailee which is perfected under subdivision a or b of subsection 4 of section 41-09-32; e. In certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under subsection 5, 6, or 7 of section 41-09-32; f. In collateral in the secured party’s possession under section 41-09-33; g. In a certificated security which is perfected by delivery of the security certificate to the secured party under section 41-09-33; h. In controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, letter-of-credit rights, or uncertificated certificates of deposit, which is perfected by control under section 41-09-34; i. In chattel paper which is perfected by possession and control under section 41-09-34.1; j. In proceeds which is perfected under section 41-09-35; k. That is perfected under section 41-09-36; or
l. In agricultural liens created by chapter 35-17, 35-30, or 35-31.
3. If a secured party assigns a perfected security interest or agricultural lien, a filing under this chapter is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.