Chapter 41-09 - SECURED TRANSACTIONS

Section 41-09-01 - (9-101) Short title
Section 41-09-02 - (9-102) Definitions and index of definitions
Section 41-09-03 - (9-103) Purchase-money security interest - Application of payments - Burden of establishing
Section 41-09-04 - (9-104) Control of deposit account or uncertificated certificate of deposit
Section 41-09-05 - (9-105) Control of electronic copy of record evidencing chattel paper
Section 41-09-05.1 - (9-105A) Control of electronic money
Section 41-09-06 - (9-106) Control of investment property
Section 41-09-07 - (9-107) Control of letter-of-credit right
Section 41-09-07.1 - (9-107A) Control of controllable electronic record, controllable account, or controllable payment intangible
Section 41-09-07.2 - (9-107B) No requirement to acknowledge or confirm - No duties
Section 41-09-08 - (9-108) Sufficiency of description
Section 41-09-09 - (9-109) Scope
Section 41-09-10 - (9-110) Security interests arising under chapter 41-02 or 41-02.1
Section 41-09-11 - (9-201) General effectiveness of security agreement
Section 41-09-12 - (9-202) Title to collateral immaterial
Section 41-09-13 - (9-203) Attachment and enforceability of security interest - Proceeds - Supporting obligations - Formal requisites
Section 41-09-14 - (9-204) After-acquired property - Future advances
Section 41-09-15 - (9-205) Use or disposition of collateral permissible
Section 41-09-16 - (9-206) Security interest arising in purchase or delivery of financial asset
Section 41-09-17 - (9-207) Rights and duties of secured party having possession or control of collateral
Section 41-09-18 - (9-208) Additional duties of secured party having control of collateral
Section 41-09-19 - (9-209) Duties of secured party if account debtor has been notified of assignment
Section 41-09-20 - (9-210) Request for accounting - Request regarding list of collateral or statement of account
Section 41-09-21 - (9-301) Law governing perfection and priority of security interests
Section 41-09-22 - (9-302) Law governing perfection and priority of agricultural liens
Section 41-09-23 - (9-303) Law governing perfection and priority of security interests in goods covered by a certificate of title
Section 41-09-24 - (9-304) Law governing perfection and priority of security interests in deposit accounts or certificates of deposit
Section 41-09-25 - (9-305) Law governing perfection and priority of security interests in investment property
Section 41-09-26 - (9-306) Law governing perfection and priority of security interests in letter-of-credit rights
Section 41-09-26.1 - (9-306A) Law governing perfection and priority of security interests in chattel paper
Section 41-09-26.2 - (9-306B) Law governing perfection and priority of security interests in controllable accounts, controllable electronic records, and controllable payment intangibles
Section 41-09-27 - (9-307) Location of debtor
Section 41-09-28 - (9-308) When security interest or agricultural lien is perfected - Continuity of perfection
Section 41-09-29 - (9-309) Security interest perfected upon attachment
Section 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
Section 41-09-31 - (9-311) Perfection of security interests in property subject to certain statutes, regulations, and treaties
Section 41-09-32 - (9-312) Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, money, and uncertificated certificates of deposit - Perfection by permissive filing - Temporary perfection without filing or transfer of possession
Section 41-09-33 - (9-313) When possession by or delivery to secured party perfects security interest without filing
Section 41-09-34 - (9-314) Perfection by control
Section 41-09-34.1 - (9-314A) Perfection by possession and control of chattel paper
Section 41-09-35 - (9-315) Secured party's rights on disposition of collateral and in proceeds
Section 41-09-36 - (9-316) Effect of change in governing law
Section 41-09-37 - (9-317) Interests that take priority over or take free of security interest or agricultural lien
Section 41-09-38 - (9-318) No interest retained in right to payment that is sold - Rights and title of seller of account or chattel paper with respect to creditors and purchasers
Section 41-09-39 - (9-319) Rights and title of consignee with respect to creditors and purchasers
Section 41-09-40 - (9-320) Buyer of goods
Section 41-09-41 - (9-321) Licensee of general intangible and lessee of goods in ordinary course of business
Section 41-09-42 - (9-322) Priorities among conflicting security interests in and agricultural liens on same collateral
Section 41-09-43 - (9-323) Future advances
Section 41-09-44 - (9-324) Priority of purchase-money security interests
Section 41-09-45 - (9-325) Priority of security interests in transferred collateral
Section 41-09-46 - (9-326) Priority of security interests created by new debtor
Section 41-09-46.1 - (9-326A) Priority of security interest in controllable account, controllable electronic record, and controllable payment intangible
Section 41-09-47 - (9-327) Priority of security interests in deposit account and uncertificated certificate of deposit
Section 41-09-48 - (9-328) Priority of security interests in investment property
Section 41-09-49 - (9-329) Priority of security interests in letter-of-credit right
Section 41-09-50 - (9-330) Priority of purchaser of chattel paper or instrument
Section 41-09-51 - (9-331) Priority of rights of purchasers of controllable accounts, controllable electronic records, controllable payment intangibles, documents, instruments, and securities under other articles - Priority of interests in financial assets and security entitlements and protection against assertion of claim under chapters 41-08 and 41-12
Section 41-09-52 - (9-332) Transfer of money - Transfer of funds from deposit account
Section 41-09-53 - (9-333) Priority of certain liens arising by operation of law
Section 41-09-54 - (9-334) Priority of security interests in fixtures and crops
Section 41-09-55 - (9-335) Accessions
Section 41-09-56 - (9-336) Commingled goods
Section 41-09-57 - (9-337) Priority of security interests in goods covered by certificate of title
Section 41-09-58 - (9-338) Priority of security interest perfected by filed financing statement providing certain incorrect information
Section 41-09-59 - (9-339) Priority subject to subordination
Section 41-09-60 - (9-340) Effectiveness of right of recoupment or setoff against deposit account or certificate of deposit
Section 41-09-61 - (9-341) Bank's rights and duties with respect to deposit account or certificate of deposit
Section 41-09-62 - (9-342) Bank's right to refuse to enter into or disclose existence of control agreement
Section 41-09-63 - (9-401) Alienability of debtor's rights
Section 41-09-64 - (9-402) Secured party not obligated on contract of debtor or in tort
Section 41-09-65 - (9-403) Agreement not to assert defenses against assignee
Section 41-09-66 - (9-404) Rights acquired by assignee - Claims and defenses against assignee
Section 41-09-67 - (9-405) Modification of assigned contract
Section 41-09-68 - (9-406) Discharge of account debtor - Notification of assignment - Identification and proof of assignment - Restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective
Section 41-09-69 - (9-407) Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest
Section 41-09-70 - (9-408) Restrictions on assignment of promissory notes, health care insurance receivables, and certain general intangibles ineffective
Section 41-09-71 - (9-409) Restrictions on assignment of letter-of-credit rights ineffective
Section 41-09-72 - (9-501) Filing office
Section 41-09-73 - (9-502) Contents of financing statement - Record of mortgage as financing statement - Time of filing financing statement - Amending financing statement
Section 41-09-74 - (9-503) Name of debtor and secured party
Section 41-09-75 - (9-504) Indication of collateral
Section 41-09-76 - (9-505) Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions
Section 41-09-77 - (9-506) Effect of errors or omissions
Section 41-09-78 - (9-507) Effect of certain events on effectiveness of financing statement
Section 41-09-79 - (9-508) Effectiveness of financing statement if new debtor becomes bound by security agreement
Section 41-09-80 - (9-509) Persons entitled to file a record
Section 41-09-81 - (9-510) Effectiveness of filed record
Section 41-09-82 - (9-511) Secured party of record
Section 41-09-83 - (9-512) Amendment of financing statement
Section 41-09-84 - (9-513) Termination statement - Remedies - Fees
Section 41-09-85 - (9-514) Assignment of powers of secured party of record
Section 41-09-86 - (9-515) Duration and effectiveness of financing statement - Effect of lapsed financing statement
Section 41-09-87 - (9-516) What constitutes filing - Effectiveness of filing
Section 41-09-88 - (9-517) Effect of indexing errors
Section 41-09-89 - (9-518) Claim concerning inaccurate or wrongfully filed record
Section 41-09-90 - (9-519) Numbering, maintaining, and indexing records - Communicating information provided in records
Section 41-09-91 - (9-520) Acceptance and refusal to accept record
Section 41-09-92 - (9-521) Uniform form of written financing statement and amendment
Section 41-09-93 - (9-522) Maintenance and destruction of records
Section 41-09-94 - (9-523) Information from filing office - Sale or license of records
Section 41-09-95 - (9-524) Delay by filing office
Section 41-09-96 - (9-525) Fees
Section 41-09-97 - (9-526) Rules
Section 41-09-98 - (9-601) Rights after default - Judicial enforcement - Consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes
Section 41-09-99 - (9-602) Waiver and variance of rights and duties
Section 41-09-100 - (9-603) Agreement on standards concerning rights and duties
Section 41-09-101 - (9-604) Procedure if security agreement covers real property or fixtures
Section 41-09-102 - (9-605) Unknown debtor or secondary obligor
Section 41-09-103 - (9-606) Time of default for agricultural lien
Section 41-09-104 - (9-607) Collection and enforcement by secured party
Section 41-09-105 - (9-608) Application of proceeds of collection or enforcement - Liability for deficiency and right to surplus
Section 41-09-106 - (9-609) Secured party's right to take possession after default
Section 41-09-107 - (9-610) Disposition of collateral after default
Section 41-09-108 - (9-611) Notification before disposition of collateral
Section 41-09-109 - (9-612) Timeliness of notification before disposition of collateral
Section 41-09-110 - (9-613) Contents and form of notification before disposition of collateral - General
Section 41-09-111 - (9-615) Application of proceeds of disposition - Liability for deficiency and right to surplus
Section 41-09-112 - (9-617) Rights of transferee of collateral
Section 41-09-113 - (9-618) Rights and duties of certain secondary obligors
Section 41-09-114 - (9-619) Transfer of record or legal title
Section 41-09-115 - (9-620) Acceptance of collateral in full or partial satisfaction of obligation - Compulsory disposition of collateral
Section 41-09-116 - (9-621) Notification of proposal to accept collateral
Section 41-09-117 - (9-622) Effect of acceptance of collateral
Section 41-09-118 - (9-623) Right to redeem collateral
Section 41-09-119 - (9-624) Waiver
Section 41-09-120 - (9-625) Remedies for secured party's failure to comply with chapter
Section 41-09-121 - (9-626) Action in which deficiency or surplus is in issue
Section 41-09-122 - (9-627) Determination of whether conduct was commercially reasonable
Section 41-09-123 - (9-628) Nonliability and limitation on liability of secured party - Liability of secondary obligor
Section 41-09-124 - (9-702) Savings clause
Section 41-09-125 - (9-703) Security interest perfected before effective date
Section 41-09-126 - (9-704) Security interest unperfected before effective date
Section 41-09-127 - (9-705) Effectiveness of action taken before effective date
Section 41-09-128 - (9-706) When initial financing statement suffices to continue effectiveness of financing statement
Section 41-09-129 - (9-707) Amendment of pre-effective-date financing statement
Section 41-09-130 - (9-708) Persons entitled to file initial financing statement or continuation statement
Section 41-09-131 - (9-709) Priority
Section 41-09-132 - (9-802) Savings clause
Section 41-09-133 - (9-803) Security interest perfected before effective date
Section 41-09-134 - (9-804) Security interest unperfected before effective date
Section 41-09-135 - (9-805) Effectiveness of action taken before effective date
Section 41-09-136 - (9-806) When initial financing statement suffices to continue effectiveness of financing statement
Section 41-09-137 - (9-807) Amendment of pre-effective-date financing statement
Section 41-09-138 - (9-808) Person entitled to file initial financing statement or continuation statement
Section 41-09-139 - (9-809) Priority