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N.D. Cent. Code § 41-09-45

(9-325) Priority of security interests in transferred collateral

Known as the Uniform Commercial Code

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

1. Except as otherwise provided in subsection 2, a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:

a. The debtor acquired the collateral subject to the security interest created by the other person;

b. The security interest created by the other person was perfected when the debtor acquired the collateral; and c. There is no period thereafter when the security interest is unperfected.

2. Subsection 1 subordinates a security interest only if the security interest:

a. Otherwise would have priority solely under subsection 1 of section 41-09-42 or section 41-09-44; or b. Arose solely under subsection 3 of section 41-02-90 or subsection 5 of section 41-02.1-56.

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.