South Dakota Codified Laws 57A-9-324. Priority of perfected purchase money security interest
(a) Except as otherwise provided in subsection (g), a perfected purchase–money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in § 57A-9-327, a perfected security interest in its identifiable proceeds also has priority, if the purchase–money security interest is perfected when the debtor receives possession of the collateral or within twenty days thereafter.
(b) Subject to subsection (c) and except as otherwise provided in subsection (g), a perfected purchase–money security interest in inventory has priority over a conflicting security interest in the same inventory, has priority over a conflicting security interest in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of the chattel paper, if so provided in § 57A-9-330, and, except as otherwise provided in § 57A-9-327, also has priority in identifiable cash proceeds of the inventory to the extent the identifiable cash proceeds are received on or before the delivery of the inventory to a buyer, if:
Terms Used In South Dakota Codified Laws 57A-9-324
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(1) The purchase–money security interest is perfected when the debtor receives possession of the inventory;
(2) The purchase–money secured party sends an authenticated notification to the holder of the conflicting security interest;
(3) The holder of the conflicting security interest receives the notification within five years before the debtor receives possession of the inventory; and
(4) The notification states that the person sending the notification has or expects to acquire a purchase–money security interest in inventory of the debtor and describes the inventory.
(c) Subsections (b)(2) through (4) apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of inventory:
(1) If the purchase–money security interest is perfected by filing, before the date of the filing; or
(2) If the purchase–money security interest is temporarily perfected without filing or possession under § 57A-9-312(f), before the beginning of the twenty–day period thereunder.
(d) Subject to subsection (e) and except as otherwise provided in subsection (g), a perfected purchase–money security interest in livestock that are farm products has priority over a conflicting security interest in the same livestock, and, except as otherwise provided in § 57A-9-327, a perfected security interest in their identifiable proceeds and identifiable products in their unmanufactured states also has priority, if:
(1) The purchase–money security interest is perfected when the debtor receives possession of the livestock;
(2) The purchase–money secured party sends an authenticated notification to the holder of the conflicting security interest;
(3) The holder of the conflicting security interest receives the notification within six months before the debtor receives possession of the livestock; and
(4) The notification states that the person sending the notification has or expects to acquire a purchase–money security interest in livestock of the debtor and describes the livestock.
(e) Subsections (d)(2) through (4) apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of livestock:
(1) If the purchase–money security interest is perfected by filing, before the date of the filing; or
(2) If the purchase–money security interest is temporarily perfected without filing or possession under § 57A-9-312(f), before the beginning of the twenty–day period thereunder.
