The following security interests are perfected when they attach:

(1) A purchasemoney security interest in consumer goods, except as otherwise provided in § 57A-9-311(b) with respect to consumer goods that are subject to a statute or treaty described in § 57A-9-311(a);

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Terms Used In South Dakota Codified Laws 57A-9-309

  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.

(2) An assignment of accounts or payment intangibles which does not by itself or in conjunction with other assignments to the same assignee transfer a significant part of the assignor’s outstanding accounts or payment intangibles;

(3) A sale of a payment intangible;

(4) A sale of a promissory note;

(5) A security interest created by the assignment of a healthcareinsurance receivable to the provider of the healthcare goods or services;

(6) A security interest arising under § 57A-2-401, 57A-2-505, 57A-2-711(3), or 57A-2A-508(5), until the debtor obtains possession of the collateral;

(7) A security interest of a collecting bank arising under § 57A-4-210;

(8) A security interest of an issuer or nominated person arising under § 57A-5-118;

(9) A security interest arising in the delivery of a financial asset under § 57A-9-206(c);

(10) A security interest in investment property created by a broker or securities intermediary;

(11) A security interest in a commodity contract or a commodity account created by a commodity intermediary;

(12) An assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder; and

(13) A security interest created by an assignment of a beneficial interest in a decedent‘s estate.

Source: SL 2000, ch 231.