41-09-27. (9-307) Location of debtor.
508 words·~2 min read·
/nd/title-41/chapter-41-09-secured-transactions/41-09-27·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. In this section, "place of business" means a place where a debtor conducts its affairs.
2. Except as otherwise provided in this section, the following rules determine a debtor's
location:
a. A debtor who is an individual is located at the individual's principal residence.
b. A debtor that is an organization and has only one place of business is located at
its place of business.
c. A debtor that is an organization and has more than one place of business is
located at its chief executive office.
3. Subsection 2 applies only if a debtor's residence, place of business, or chief executive
office, as applicable, is located in a jurisdiction whose law generally requires
information concerning the existence of a nonpossessory security interest to be made
generally available in a filing, recording, or registration system as a condition or result
of the security interest's obtaining priority over the rights of a lien creditor with respect
to the collateral. If subsection 2 does not apply, the debtor is located in the District of
Columbia.
4. A person that ceases to exist, have a residence, or have a place of business continues
to be located in the jurisdiction specified by subsections 2 and 3.
5. A registered organization that is organized under the law of a state is located in that
state.
6. Except as otherwise provided in subsection 9, a registered organization that is
organized under the law of the United States and a branch or agency of a bank that is
not organized under the law of the United States or a state are located:
a. In the state that the law of the United States designates, if the law designates a
state of location;
b. In the state that the registered organization, branch, or agency designates, if the
law of the United States authorizes the registered organization, branch, or agency
to designate its state of location, including by designation its main office, home
office, or other comparable office; or
c. In the District of Columbia, if neither subdivision a nor b applies.
7. A registered organization continues to be located in the jurisdiction specified by
subsection 5 or 6 notwithstanding:
a. The suspension, revocation, forfeiture, or lapse of the registered organization's
status as such in its jurisdiction of organization; or
b. The dissolution, winding up, or cancellation of the existence of the registered
organization.
8. The United States is located in the District of Columbia.
9. A branch or agency of a bank that is not organized under the law of the United States
or a state is located in the state in which the branch or agency is licensed, if all
branches and agencies of the bank are licensed in only one state.
10. A foreign air carrier under the Federal Aviation Act of 1958, as amended, [Pub. L.
85-726; 72 Stat. 731] is located at the designated office of the agent upon which
service of process may be made on behalf of the carrier.
11. This section applies only for purposes of this part.