41-09-137. (9-807) Amendment of pre-effective-date financing statement.
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/nd/title-41/chapter-41-09-secured-transactions/41-09-137·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. In this section, "pre-effective-date financing statement" means a financing statement
filed before this Act takes effect.
2. After this Act takes effect, a person may add or delete collateral covered by, continue
or terminate the effectiveness of, or otherwise amend the information provided in a
pre-effective-date financing statement only in accordance with the law of the
jurisdiction governing perfection as provided in this chapter as amended by this Act.
However, the effectiveness of a pre-effective-date financing statement also may be
terminated in accordance with the law of the jurisdiction in which the financing
statement is filed.
3. Except as otherwise provided in subsection 4, if the law of this state governs
perfection of a security interest, the information in a pre-effective-date financing
statement may be amended after this Act takes effect only if:
a. The pre-effective-date financing statement and an amendment are filed in the
office specified in section 41-09-72;
b. An amendment is filed in the office specified in section 41-09-72 concurrently
with, or after the filing in that office of, an initial financing statement that satisfies
subsection 3 of section 41-09-136; or
c. An initial financing statement that provides the information as amended and
satisfies subsection 3 of section 41-09-136 is filed in the office specified in section
41-09-72.
4. If the law of this state governs perfection of a security interest, the effectiveness of a
pre-effective-date financing statement may be continued only under subsections 3 and
5 of section 41-09-135 or section 41-09-136.
5. Whether or not the law of this state governs perfection of a security interest, the
effectiveness of a pre-effective-date financing statement filed in this state may be
terminated after this Act takes effect by filing a termination statement in the office in
which the pre-effective-date financing statement is filed, unless an initial financing
statement that satisfies subsection 3 of section 41-09-136 has been filed in the office
specified by the law of the jurisdiction governing perfection as provided in this chapter
as amended by this Act as the office in which to file a financing statement.