41-09-90. (9-519) Numbering, maintaining, and indexing records - Communicating
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/nd/title-41/chapter-41-09-secured-transactions/41-09-90·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
information provided in records.
1. For each record filed in a filing office, the filing office shall:
a. Assign a unique number to the filed record;
b. Create a record that bears the number assigned to the filed record and the date
and time of filing;
c. Maintain the filed record for public inspection; and
d. Index the filed record in accordance with subsections 3 through 5.
2. A file number assigned after January 1, 2002, must include a digit that:
a. Is mathematically derived from or related to the other digits of the file number;
and
b. Aids the filing office in determining whether a number communicated as the file
number includes a single-digit or transpositional error.
3. Except as otherwise provided in subsections 4 and 5, the filing office shall:
a. Index an initial financing statement according to the name of the debtor and index
all filed records relating to the initial financing statement in a manner that
associates with one another an initial financing statement and all filed records
relating to the initial financing statement; and
b. Index a record that provides a name of a debtor which was not previously
provided in the financing statement to which the record relates also according to
the name that was not previously provided.
4. If a financing statement is filed as a fixture filing or covers as-extracted collateral or
timber to be cut, it must be filed for record and the filing office shall index it:
a. Under the names of the debtor and of each owner of record shown on the
financing statement as if they were the mortgagors under a mortgage of the real
property described; and
b. To the extent that the law of this state provides for indexing of records of
mortgages under the name of the mortgagee, under the name of the secured
party as if the secured party were the mortgagee thereunder, or, if indexing is by
description, as if the financing statement were a record of a mortgage of the real
property described.
5. If a financing statement is filed as a fixture filing or covers as-extracted collateral or
timber to be cut, the filing office shall index an assignment filed under subsection 1 of
section 41-09-85 or an amendment filed under subsection 2 of section 41-09-85:
a. Under the name of the assignor as grantor; and
b. To the extent that the law of this state provides for indexing a record of the
assignment of a mortgage under the name of the assignee, under the name of
the assignee.
6. The filing office shall maintain a capability:
a. To retrieve a record by the name of the debtor and by the file number assigned to
the initial financing statement to which the record relates; and
b. To associate and retrieve with one another an initial financing statement and each
filed record relating to the initial financing statement.
7. The filing office may not remove a debtor's name from the index until one year after
the effectiveness of a financing statement naming the debtor lapses under section
41-09-86 with respect to all secured parties of record.
8. The filing office shall perform the acts required by subsections 1 through 5 at the time
and in the manner prescribed by filing-office rule, but not later than two business days
after the filing office receives the record in question.
41-09-91. (9-520) Acceptance and refusal to accept record. 1. A filing office shall refuse to accept a record for filing for a reason set forth in
subsection 2 of section 41-09-87 and may refuse to accept a record for filing only for a
reason set forth in subsection 2 of section 41-09-87. 2. If a filing office refuses to accept a record for filing, it shall communicate to the person
that presented the record the fact of and reason for the refusal and the date and time
the record would have been filed had the filing office accepted it. The communication
must be made at the time and in the manner prescribed by filing-office rule but in no
event more than two business days after the filing office receives the record. 3. A filed financing statement satisfying subsections 1 and 2 of section 41-09-73 is
effective, even if the filing office is required to refuse to accept it for filing under
subsection 1. However, section 41-09-58 applies to a filed financing statement
providing information described in subdivision e of subsection 2 of section 41-09-87
which is incorrect at the time the financing statement is filed. 4. If a record communicated to a filing office provides information that relates to more
than one debtor, this part applies as to each debtor separately.
41-09-92. (9-521) Uniform form of written financing statement and amendment. 1. A filing office that accepts written records may not refuse to accept a written initial
financing statement in the form and format established by the secretary of state,
except for a reason set forth in subsection 2 of section 41-09-87. 2. A filing office that accepts written records may not refuse to accept a written record in
the form and format established by the secretary of state, except for a reason set forth
in subsection 2 of section 41-09-87.
41-09-93. (9-522) Maintenance and destruction of records. 1. The filing office shall maintain a record of the information provided in a filed financing
statement for at least one year after the effectiveness of the financing statement has
lapsed under section 41-09-86 with respect to all secured parties of record. The record
must be retrievable by using the name of the debtor and by using the file number
assigned to the initial financing statement to which the record relates. 2. Except to the extent that a statute governing disposition of public records provides
otherwise, the filing office immediately may destroy any written record evidencing a
financing statement. However, if the filing office destroys a written record, it shall
maintain another record of the financing statement which complies with subsection 1.
41-09-94. (9-523) Information from filing office - Sale or license of records. 1. Any person may request electronically an acknowledgment of a filing. The central
indexing system shall provide to the person detailed information and an image of the
record, if not filed electronically, showing the number assigned to the record pursuant
to subdivision a of subsection 1 of section 41-09-90 and the date and time of the filing
of the record. 2. The central indexing system shall communicate electronically the following information
to any person that requests it:
a. Whether there is on file on a date and time specified by the central indexing
system, any statement of an agricultural lien created under chapter 35-17, 35-30,
or 35-31 or any financing statement that:
(1)Designates a particular debtor or, if the request so states, designates a
particular debtor at the address specified in the request;
(2)Has not lapsed under section 41-09-86 with respect to all secured parties of
record; and
(3)Effective January 1, 2002, if the request so states, has lapsed under section
41-09-86 and a record of which is maintained by the central indexing system
under subsection 1 of section 41-09-93;
b. The date and time of filing of each statement and each financing statement; and
c. The information provided in each statement and each financing statement.
3. If a request to the central indexing system cannot be automatically accepted, the
secretary of state shall perform the acts required by subsections 1 and 2 not later than
two business days after the central indexing system receives the request.
4. At least weekly, the secretary of state shall offer to sell or license to the public on a
nonexclusive basis, in bulk, detailed information of all records filed.