1.    Except as otherwise provided in subsection 2, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.

Terms Used In North Dakota Code 41-09-87

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Authorized: when used with reference to a financing statement record, means that the financing statement record was filed by a person authorized to do so as provided in sections 41-09-80 and 41-09-130. See North Dakota Code 41-10-01
  • 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
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

2.    Filing does not occur with respect to a record that a filing office refuses to accept because:

a.    The record is not communicated by a method or medium of communication authorized by the filing office; b.    An amount equal to or greater than the applicable filing fee is not tendered; c.    The filing office is unable to index the record because:

(1) In the case of an initial financing statement, the record does not provide a name for the debtor; (2) In the case of an amendment or information statement, the record:

(a)    Does not identify the initial financing statement as required by section 41-09-83 or 41-09-89, as applicable; or

(b)    Identifies an initial financing statement whose effectiveness has lapsed under section 41-09-86; (3) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of    a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor’s surname; or

(4) In the case of a record filed or recorded in the filing office described in subdivision a of subsection 1 of section 41-09-72, the record does not provide a sufficient description of the real property to which it relates; d.    In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record; e.    In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:

(1) Provide a mailing address for the debtor; or

(2) Indicate whether the name provided as the name of the debtor is an individual or an organization; f.    In the case of an assignment reflected in an initial financing statement under subsection 1 of section 41-09-85 or an amendment filed under subsection 2 of section 41-09-85, the record does not provide a name and mailing address for the assignee; g.    In the case of a continuation statement, the record is not filed within the six-month period prescribed by subsection 4 of section 41-09-86; or

h.    In the case of filings entered in the secretary of state‘s online filing system, the record does not contain the social security number or the internal revenue service taxpayer identification number of the debtor.

3.    For purposes of subsection 2:

a.    A record does not provide information if the filing office is unable to read or decipher the information; and

b.    A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by section 41-09-83, 41-09-85, or 41-09-89, is an initial financing statement.

4.    A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection 2, is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.

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