N.D. Cent. Code § 41-09-35
(9-315) Secured party's rights on disposition of collateral and in proceeds
Redline — December 1, 2021 → current.View current text →
Current — January 1, 2022
As of December 1, 2021
(1) Except as otherwise provided in this chapter and in subsection 2 of section 41-02-48: A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and
(1) Except as otherwise provided in this chapter and in subsection 2 of section 41-02-48: A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and
(2) A security interest attaches to any identifiable proceeds of collateral.
(2) A security interest attaches to any identifiable proceeds of collateral.
(3) Proceeds that are commingled with other property are identifiable proceeds: If the proceeds are goods, to the extent provided by section 41-09-56; and
(3) Proceeds that are commingled with other property are identifiable proceeds: If the proceeds are goods, to the extent provided by section 41-09-56; and
(4) If the proceeds are not goods, to the extent that the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this chapter with respect to commingled property of the type involved.
(4) If the proceeds are not goods, to the extent that the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this chapter with respect to commingled property of the type involved.
(5) A security interest in proceeds is a perfected security interest if the security interest in the original collateral was perfected.
(5) A security interest in proceeds is a perfected security interest if the security interest in the original collateral was perfected.
(6) A perfected security interest in proceeds becomes unperfected on the twenty-first day after the security interest attaches to the proceeds unless: The following conditions are satisfied: A filed financing statement covers the original collateral;
(6) A perfected security interest in proceeds becomes unperfected on the twenty-first day after the security interest attaches to the proceeds unless: The following conditions are satisfied: A filed financing statement covers the original collateral;
(7) The proceeds are collateral in which a security interest may be perfected by filing in the office in which the financing statement has been filed; and
(7) The proceeds are collateral in which a security interest may be perfected by filing in the office in which the financing statement has been filed; and
(8) The proceeds are not acquired with cash proceeds;
(8) The proceeds are not acquired with cash proceeds;
(9) The proceeds are identifiable cash proceeds; or
(9) The proceeds are identifiable cash proceeds; or
(10) The security interest in the proceeds is perfected other than under subsection 3 when the security interest attaches to the proceeds or within twenty days thereafter.
(10) The security interest in the proceeds is perfected other than under subsection 3 when the security interest attaches to the proceeds or within twenty days thereafter.
(11) If a filed financing statement covers the original collateral, a security interest in proceeds which remains perfected under subdivision a of subsection 4 becomes unperfected at the later of: When the effectiveness of the filed financing statement lapses under section 41-09-86 or is terminated under section 41-09-84; or
(11) If a filed financing statement covers the original collateral, a security interest in proceeds which remains perfected under subdivision a of subsection 4 becomes unperfected at the later of: When the effectiveness of the filed financing statement lapses under section 41-09-86 or is terminated under section 41-09-84; or
(12) The twenty-first day after the security interest attaches to the proceeds.
(12) The twenty-first day after the security interest attaches to the proceeds.
(13) Automatic Perfection in Proceeds: Lapse or Termination of Financing Statement During 20-Day Period; Perfection Under Other Statute or Treaty. Subsection (e) provides that a security interest in proceeds perfected under subsection (d)(1) ceases to be perfected when the financing statement covering the original collateral lapses or is terminated. If the lapse or termination occurs before the 21st day after the security interest attaches, however, the security interest in the proceeds remains perfected until the 21st day. Section 9-311(b) provides that compliance with the perfection requirements of a statute or treaty described in Section 9-311(a) “is equivalent to the filing of a financing statement.” It follows that collateral subject to a security interest perfected by such compliance under Section 9-311(b) is covered by a “filed financing statement” within the meaning of Section 9-315(d) and (e).
(14) Automatic Perfection in Proceeds: Continuation of Perfection in Cash Proceeds. Former Section 9-306(3)(b) provided that if a filed financing statement covered original collateral, a security interest in identifiable cash proceeds of the collateral remained perfected beyond the ten-day period of automatic perfection. Former Section 9-306(3)(c) contained a similar rule with respect to identifiable cash proceeds of investment property. Subsection (d)(2) extends the benefits of former Sections 9-306(3)(b) and (3)(c) to identifiable cash proceeds of all types of original collateral in which a security interest is perfected by any method. Under subsection (d)(2), if the security interest in the original collateral was perfected, a security interest in identifiable cash proceeds will remain perfected indefinitely, regardless of whether the security interest in the original collateral remains perfected. In many cases, however, a purchaser or other transferee of the cash proceeds will take free of the perfected security interest. See, e.g., Sections 9-330(d) (purchaser of check), 9-331 (holder in due course of check), 9-332 (transferee of money or funds from a deposit account).
(15) Insolvency Proceedings; Returned and Repossessed Goods. This Article deletes former Section 9-306(4), which dealt with proceeds in insolvency proceedings. Except as otherwise provided by the Bankruptcy Code, the debtor’s entering into bankruptcy does not affect a secured party’s right to proceeds.
(16) Proceeds of Collateral Subject to Agricultural Lien. This Article does not determine whether a lien extends to proceeds of farm products encumbered by an agricultural lien. If, however, the proceeds are themselves farm products on which an “agricultural lien” (defined in Section 9-102) arises under other law, then the agricultural-lien provisions of this Article apply to the agricultural lien on the proceeds in the same way in which they would apply had the farm products not been proceeds.
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.