41-09-128. (9-706) When initial financing statement suffices to continue effectiveness
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of financing statement.
1. The filing of an initial financing statement in the office specified in section 41-09-72
continues the effectiveness of a financing statement filed before July 1, 2001, if:
a. The filing of an initial financing statement in that office would be effective to
perfect a security interest under this chapter;
b. The pre-effective-date financing statement was filed in an office in another state
or another office in this state; and
c. The initial financing statement satisfies subsection 3.
2. The filing of an initial financing statement under subsection 1 continues the
effectiveness of the pre-effective-date financing statement:
a. If the initial financing statement is filed before July 1, 2001, for the period
provided in the former section 41-09-42 with respect to a financing statement;
and
b. If the initial financing statement is filed after July 1, 2001, for the period provided
in section 41-09-86 with respect to an initial financing statement.
3. To be effective for purposes of subsection 1, an initial financing statement must:
a. Satisfy the requirements of part 5 for an initial financing statement;
b. Identify the pre-effective-date financing statement by indicating the office in which
the financing statement was filed and providing the dates of filing and file
numbers, if any, of the financing statement and of the most recent continuation
statement filed with respect to the financing statement; and
c. Indicate that the pre-effective-date financing statement remains effective.