Current through 2023 Legislative Sessions
Section 54-09-09 - Computerized central indexing system - Rules1. The secretary of state shall maintain a computerized central indexing system that contains the information filed pursuant to sections 35-13-02, 35-17-04, 35-20-16, 35-30-02, 35-31-02, 35-34-04, 35-34-06, 41-09-72, 57-38-49, 57-39.2-13, 57-40.2-16, 57-40.3-07.1, 57-43.1-17.4, 57-43.2-16.3, and 57-51-11. The system must allow access to financing statement information by equipment that conforms to requirements determined by the information technology department. The system must have safeguards to allow access to information that is in the system relating to security interests or liens and to prevent unauthorized alteration or deletion of that information and to allow access to other information in the system as prescribed by the secretary of state.2. Within two working days of receipt of a financing statement, continuation statement, amendment, or termination statement filed electronically pursuant to chapter 41-09 or a statement filed electronically pursuant to section 35-13-02, 35-17-04, 35-20-16, 35-30-02, or 35-31-02, the information contained in the statement must be filed in the computerized central indexing system. A computer printout of information from the system is prima facie evidence of the existence or nonexistence of the filing of a financing statement or lien. The secretary of state shall provide an electronic means that can be used to perfect a security interest in farm products or gain protection under the central notice system, or both.3. The secretary of state may adopt rules necessary to implement this section and sections 54-09-10 and 54-09-11.Amended by S.L. 2015, ch. 372 (HB 1330),§ 1, eff. 8/1/2015.Amended by S.L. 2013, ch. 257 (HB 1136),§ 33, 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.