N.D. Cent. Code § 41-09-34

Current through 2023 Legislative Sessions
Section 41-09-34 - (9-314) Perfection by control
1. A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, uncertificated certificates of deposit, electronic documents, electronic money, investment property, or letter-of-credit rights may be perfected by control of the collateral under section 41-07-06, 41-09-04, 41-09-05.1, 41-09-06, 41-09-07, or 41-09-07.1.
2. A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, uncertificated certificates of deposit, electronic money, or letter-of-credit rights is perfected by control under section 41-07-06, 41-09-04, 41-09-05.1, 41-09-07 , or 41-09-07.1 not earlier than the time the secured party obtains control and remains perfected by control only while the secured party retains control.
3. A security interest in investment property is perfected by control under section 41-09-06 not earlier than the time the secured party obtains control and remains perfected by control until:
a. The secured party does not have control; and
b. One of the following occurs:
(1) If the collateral is a certificated security, the debtor has or acquires possession of the security certificate;
(2) If the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or
(3) If the collateral is a security entitlement, the debtor is or becomes the entitlement holder.

N.D.C.C. § 41-09-34

Amended by S.L. 2023 , ch. 371( HB 1082 ), § 62, eff. 8/1/2023.