N.D. Cent. Code § 41-09-72

Current through 2023 Legislative Sessions
Section 41-09-72 - (9-501) Filing office
1. Except as otherwise provided in subsection 2, if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is:
a. The office designated for the filing or recording of a record of a mortgage on the related real property, if:
(1) The collateral is as-extracted collateral or timber to be cut; or
(2) The financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or
b. The office of the recorder in any county in this state or in the office of the secretary of state, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.
2. The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the secretary of state. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures.
3. The secretary of state shall provide an electronic means for filing any record required or permitted to be filed by this title. This may include use of business-to-business methods using a common data format and must include a web-based application. Any record that is not filed electronically must be rejected.

N.D.C.C. § 41-09-72

Amended by S.L. 2015, ch. 372 (HB 1330),§ 1, eff. 8/1/2015.
Amended by S.L. 2013, ch. 257 (HB 1136),§ 22, 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.