N.D. Cent. Code § 41-09-80
(9-509) Persons entitled to file a record
Redline — December 1, 2021 → current.View current text →
Current — January 1, 2022
As of December 1, 2021
(1) A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if: The debtor authorizes the filing in an authenticated record or pursuant to subsection 2 or 3; or
(1) A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if: The debtor authorizes the filing in an authenticated record or pursuant to subsection 2 or 3; or
(2) The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
(2) The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
(3) By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering: The collateral described in the security agreement; and
(3) By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering: The collateral described in the security agreement; and
(4) Property that becomes collateral under subdivision b of subsection 1 of section 41-09-35, regardless of whether the security agreement expressly covers proceeds.
(4) Property that becomes collateral under subdivision b of subsection 1 of section 41-09-35, regardless of whether the security agreement expressly covers proceeds.
(5) By acquiring collateral in which a security interest or agricultural lien continues under subdivision a of subsection 1 of section 41-09-35, a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under subdivision b of subsection 1 of section 41-09-35.
(5) By acquiring collateral in which a security interest or agricultural lien continues under subdivision a of subsection 1 of section 41-09-35, a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under subdivision b of subsection 1 of section 41-09-35.
(6) A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if: The secured party of record authorizes the filing; or
(6) A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if: The secured party of record authorizes the filing; or
(7) The amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required under section 41-09-84, the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed. The filing office shall notify the secured party of a filing under this subsection.
(7) The amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required under section 41-09-84, the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed. The filing office shall notify the secured party of a filing under this subsection.
(8) If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection 4.
(8) If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection 4.
(9) Amendments; Termination Statements Authorized by Debtor. Most amendments may not be filed unless the secured party of record, as determined under Section 9-511, authorizes the filing. See subsection (d)(1). However, under subsection (d)(2), the authorization of the secured party of record is not required for the filing of a termination statement if the secured party of record failed to send or file a termination statement as required by Section 9-513, the debtor authorizes it to be filed, and the termination statement so indicates.
(10) Multiple Secured Parties of Record. Subsection (e) deals with multiple secured parties of record. It permits each secured party of record to authorize the filing of amendments. However, Section 9-510(b) protects the rights and powers of one secured party of record from the effects of filings made by another secured party of record. See Section 9-510, Comment 3.
(11) Successor to Secured Party of Record. A person may succeed to the powers of the secured party of record by operation of other law, e.g., the law of corporate mergers. In that case, the successor has the power to authorize filings within the meaning of this section.
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.