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N.D. Cent. Code § 41-09-16

(9-206) Security interest arising in purchase or delivery of financial asset

Known as the Uniform Commercial Code

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

1. A security interest in favor of a securities intermediary attaches to a person's security entitlement if:

a. The person buys a financial asset through the securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary at the time of the purchase; and b. The securities intermediary credits the financial asset to the buyer's securities account before the buyer pays the securities intermediary.

2. The security interest described in subsection 1 secures the person's obligation to pay for the financial asset.

3. A security interest in favor of a person that delivers a certificated security or other financial asset represented by a writing attaches to the security or other financial asset if:

a. The security or other financial asset:

(1) In the ordinary course of business is transferred by delivery with any necessary indorsement or assignment; and (2) Is delivered under an agreement between persons in the business of dealing with such securities or financial assets; and b. The agreement calls for delivery against payment.

4. The security interest described in subsection 3 secures the obligation to make payment for the delivery.

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.