N.D. Cent. Code § 41-09-87
(9-516) What constitutes filing - Effectiveness of filing
Redline — December 1, 2021 → current.View current text →
Current — January 1, 2022
As of December 1, 2021
(1) Except as otherwise provided in subsection 2, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.
(1) Except as otherwise provided in subsection 2, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.
(2) Filing does not occur with respect to a record that a filing office refuses to accept because: The record is not communicated by a method or medium of communication authorized by the filing office;
(2) Filing does not occur with respect to a record that a filing office refuses to accept because: The record is not communicated by a method or medium of communication authorized by the filing office;
(3) An amount equal to or greater than the applicable filing fee is not tendered;
(3) An amount equal to or greater than the applicable filing fee is not tendered;
(4) The filing office is unable to index the record because: In the case of an initial financing statement, the record does not provide a name for the debtor;
(4) The filing office is unable to index the record because: In the case of an initial financing statement, the record does not provide a name for the debtor;
(5) In the case of an amendment or information statement, the record: Does not identify the initial financing statement as required by section 41-09-83 or 41-09-89, as applicable; or
(5) In the case of an amendment or information statement, the record: Does not identify the initial financing statement as required by section 41-09-83 or 41-09-89, as applicable; or
(6) Identifies an initial financing statement whose effectiveness has lapsed under section 41-09-86;
(6) Identifies an initial financing statement whose effectiveness has lapsed under section 41-09-86;
(7) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor’s surname; or
(7) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor’s surname; or
(8) In the case of a record filed or recorded in the filing office described in subdivision a of subsection 1 of section 41-09-72, the record does not provide a sufficient description of the real property to which it relates;
(8) In the case of a record filed or recorded in the filing office described in subdivision a of subsection 1 of section 41-09-72, the record does not provide a sufficient description of the real property to which it relates;
(9) In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;
(9) In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;
(10) In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not: Provide a mailing address for the debtor; or
(10) In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not: Provide a mailing address for the debtor; or
(11) Indicate whether the name provided as the name of the debtor is an individual or an organization;
(11) Indicate whether the name provided as the name of the debtor is an individual or an organization;
(12) In the case of an assignment reflected in an initial financing statement under subsection 1 of section 41-09-85 or an amendment filed under subsection 2 of section 41-09-85, the record does not provide a name and mailing address for the assignee;
(12) In the case of an assignment reflected in an initial financing statement under subsection 1 of section 41-09-85 or an amendment filed under subsection 2 of section 41-09-85, the record does not provide a name and mailing address for the assignee;
(13) In the case of a continuation statement, the record is not filed within the six-month period prescribed by subsection 4 of section 41-09-86; or
(13) In the case of a continuation statement, the record is not filed within the six-month period prescribed by subsection 4 of section 41-09-86; or
(14) In the case of filings entered in the secretary of state’s online filing system, the record does not contain the social security number or the internal revenue service taxpayer identification number of the debtor.
(14) In the case of filings entered in the secretary of state’s online filing system, the record does not contain the social security number or the internal revenue service taxpayer identification number of the debtor.
(15) For purposes of subsection 2: A record does not provide information if the filing office is unable to read or decipher the information; and
(15) For purposes of subsection 2: A record does not provide information if the filing office is unable to read or decipher the information; and
(16) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by section 41-09-83, 41-09-85, or 41-09-89, is an initial financing statement.
(16) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by section 41-09-83, 41-09-85, or 41-09-89, is an initial financing statement.
(17) A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection 2, is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.
(17) A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection 2, is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.
(18) Address for Secured Party of Record. Under subsection (b)(4) and Section 9-520(a), the lack of a mailing address for the secured party of record requires the filing office to reject an initial financing statement. The failure to include an address for the secured party of record no longer renders a financing statement ineffective. See Section 9-502(a). The function of the address is not to identify the secured party of record but rather to provide an address to which others can send required notifications, e.g., of a purchase-money security interest in inventory or of the disposition of collateral. Inasmuch as the address shown on a filed financing statement is an “address that is reasonable under the circumstances,” a person required to send a notification to the secured party may satisfy the requirement by sending a notification to that address, even if the address is or becomes incorrect. See Section 9-102 (definition of “send”). Similarly, because the address is “held out by [the secured party] as the place for receipt of such communications [i.e., communications relating to security interests],” the secured party is deemed to have received a notification delivered to that address. See Section 1-201(26).
(19) Uncertainty Concerning Individual Debtor’s Last Name. Subsection (b)(3)(C) requires the filing office to reject an initial financing statement or amendment adding an individual debtor if the office cannot index the record because it does not identify the debtor’s last name (e.g., it is unclear whether the debtor’s name is Elton John or John Elton).
(20) Inability of Filing Office to Read or Decipher Information. Under subsection (c)(1), if the filing office cannot read or decipher information, the information is not provided by a record for purposes of subsection (b).
(21) Classification of Records. For purposes of subsection (b), a record that does not indicate it is an amendment or identify an initial financing statement to which it relates is deemed to be an initial financing statement. See subsection (c)(2).
(22) Effectiveness of Rejectable But Unrejected Record. Section 9-520(a) requires the filing office to refuse to accept an initial financing statement for a reason set forth in subsection (b). However, if the filing office accepts such a financing statement nevertheless, the financing statement generally is effective if it complies with the requirements of Section 9-502(a) and (b). See Section 9-520(c). Similarly, an otherwise effective financing statement generally remains so even though the information in the financing statement becomes incorrect. See Section 9-507(b). (Note that if the information required by subsection (b)(5) is incorrect when the financing statement is filed, Section 9-338 applies.)
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.