41-09-11. (9-201) General effectiveness of security agreement.
212 words·~1 min read·
/nd/title-41/chapter-41-09-secured-transactions/41-09-11·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Except as otherwise provided in this title, a security agreement is effective according to
the security agreement's terms between the parties, against purchasers of the
collateral, and against creditors.
2. A transaction, although subject to this chapter, is also subject to section 47-19-41 and
chapters 13-04.1, 35-05, 49-09, and 51-13. In the case of conflict between this chapter
and any of those statutes, the provisions of those statutes control. Failure to comply
with any applicable statute has only the effect that is specified therein.
3. In case of conflict between this chapter and a rule of law, statute, or regulation
described in subsection 2, the rule of law, statute, or regulation controls. Failure to
comply with a statute or regulation described in subsection 2 has only the effect the
statute or regulation specifies. In no event is the failure of a secured party to comply
with a statute or rule other than this chapter a failure to comply with any provision of
this chapter.
4. This chapter does not:
a. Validate any rate, charge, agreement, or practice that violates a rule of law,
statute, or regulation described in subsection 2; or
b. Extend the application of the rule of law, statute, or regulation to a transaction not
otherwise subject to it.