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N.D. Cent. Code § 41-09-102

(9-605) Unknown debtor or secondary obligor

Known as the Uniform Commercial Code

The act spans §§ 41–41 (597 sections).

1. Except as provided in subsection 2, a secured party does not owe a duty based on its status as secured party:

a. To a person that is a debtor or obligor, unless the secured party knows:

(1) That the person is a debtor or obligor;

(2) The identity of the person; and (3) How to communicate with the person; or b. To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:

(1) That the person is a debtor; and (2) The identity of the person.

2. A secured party owes a duty based on its status as a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later:

a. The person is a debtor or obligor; and b. The secured party knows that the information in subdivision a of subsection 1 relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.

Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.