Current through the 2023 Legislative Sessions
Section 35-29-02 - Place of filing1. Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this chapter.2. Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens must be filed in the central indexing system and associated to the county in which the real property subject to the liens is situated.3. Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens must be filed as follows:a. If the person against whose interest the lien applies is a corporation, limited liability company, or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the secretary of state.b. If the person against whose interest the lien applies is a trust that is not covered by subdivision a, in the office of the secretary of state.c. If the person against whose interest the lien applies is the estate of a decedent, in the office of the secretary of state.d. In all other cases, in the office of the recorder of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.4. The secretary of state shall provide a means for the United States to file any documentation according to this chapter.Amended by S.L. 2015, ch. 372 (HB 1330),§ 1, eff. 8/1/2015.Amended by S.L. 2013, ch. 257 (HB 1136),§ 9, eff. 8/1/2016, or earlier if the secretary of state makes a report to the legislative management and to the information technology committee certifying that the information technology components of the electronic filing system are ready for implementation of those provisions of this 2013 HB 1136, in which case this amendment becomes effective ninety days following the completion of the certificate requirement.