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N.D. Cent. Code § 41-09-34

(9-314) Perfection by control

Known as the Uniform Commercial Code

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

1. A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, uncertificated certificates of deposit, electronic documents, electronic money, investment property, or letter-of-credit rights may be perfected by control of the collateral under section 41-07-06, 41-09-04, 41-09-05.1, 41-09-06, 41-09-07, or 41-09-07.1.

2. A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, uncertificated certificates of deposit, electronic money, or letter-of-credit rights is perfected by control under section 41-07-06, 41-09-04, 41-09-05.1, 41-09-07, or 41-09-07.1 not earlier than the time the secured party obtains control and remains perfected by control only while the secured party retains control.

3. A security interest in investment property is perfected by control under section 41-09-06 not earlier than the time the secured party obtains control and remains perfected by control until:

a. The secured party does not have control; and b. One of the following occurs:

(1) If the collateral is a certificated security, the debtor has or acquires possession of the security certificate;

(2) If the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or (3) If the collateral is a security entitlement, the debtor is or becomes the entitlement holder.

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.