41-09-127. (9-705) Effectiveness of action taken before effective date.
431 words·~2 min read·
/nd/title-41/chapter-41-09-secured-transactions/41-09-127·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. If action, other than the filing of a financing statement, is taken before July 1, 2001,
and the action would have resulted in priority of a security interest over the rights of a
person that becomes a lien creditor had the security interest become enforceable
before July 1, 2001, the action is effective to perfect a security interest that attaches
under this chapter by July 1, 2002. An attached security interest becomes unperfected
on July 1, 2002, unless the security interest becomes a perfected security interest
under this chapter before the expiration of that period.
2. The filing of a financing statement before July 1, 2001, is effective to perfect a security
interest to the extent the filing would satisfy the applicable requirements for perfection
under this chapter.
3. This chapter does not render ineffective an effective financing statement that, before
July 1, 2001, is filed and satisfies the applicable requirements for perfection under the
law of the jurisdiction governing perfection as provided in the former section 41-09-03.
However, except as otherwise provided in subsections 4 and 5 and section 41-09-128,
the financing statement ceases to be effective at the earlier of:
a. The time the financing statement would have ceased to be effective under the law
of the jurisdiction in which it is filed; or
b. June 30, 2006.
4. The filing of a continuation statement after this chapter takes effect does not continue
the effectiveness of the financing statement filed before July 1, 2001. However, upon
the timely filing of a continuation statement after July 1, 2001, and in accordance with
the law of the jurisdiction governing perfection as provided in part 3, the effectiveness
of a financing statement filed in the same office in that jurisdiction before July 1, 2001,
continues for the period provided by the law of that jurisdiction.
5. Subdivision b of subsection 3 applies to a financing statement that, before July 1,
2001, is filed against a transmitting utility and satisfies the applicable requirements for
perfection under the law of the jurisdiction governing perfection as provided in the
former section 41-09-03 only to the extent that part 3 provides that the law of a
jurisdiction other than the jurisdiction in which the financing statement is filed governs
perfection of a security interest in collateral covered by the financing statement.
6. A financing statement that includes a financing statement filed before July 1, 2001,
takes effect and a continuation statement filed after July 1, 2001, is effective only to
the extent that it satisfies the requirements of part 5 for an initial financing statement.