N.D. Cent. Code § 41-09-94
(9-523) Information from filing office - Sale or license of records
Redline — December 1, 2021 → current.View current text →
Current — January 1, 2022
As of December 1, 2021
(1) Any person may request electronically an acknowledgment of a filing. The central indexing system shall provide to the person detailed information and an image of the record, if not filed electronically, showing the number assigned to the record pursuant to subdivision a of subsection 1 of section 41-09-90 and the date and time of the filing of the record.
(1) Any person may request electronically an acknowledgment of a filing. The central indexing system shall provide to the person detailed information and an image of the record, if not filed electronically, showing the number assigned to the record pursuant to subdivision a of subsection 1 of section 41-09-90 and the date and time of the filing of the record.
(2) The central indexing system shall communicate electronically the following information to any person that requests it: Whether there is on file on a date and time specified by the central indexing system, any statement of an agricultural lien created under chapter 35-17, 35-30, or 35-31 or any financing statement that: Designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request;
(2) The central indexing system shall communicate electronically the following information to any person that requests it: Whether there is on file on a date and time specified by the central indexing system, any statement of an agricultural lien created under chapter 35-17, 35-30, or 35-31 or any financing statement that: Designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request;
(3) Has not lapsed under section 41-09-86 with respect to all secured parties of record; and
(3) Has not lapsed under section 41-09-86 with respect to all secured parties of record; and
(4) Effective January 1, 2002, if the request so states, has lapsed under section 41-09-86 and a record of which is maintained by the central indexing system under subsection 1 of section 41-09-93;
(4) Effective January 1, 2002, if the request so states, has lapsed under section 41-09-86 and a record of which is maintained by the central indexing system under subsection 1 of section 41-09-93;
(5) The date and time of filing of each statement and each financing statement; and
(5) The date and time of filing of each statement and each financing statement; and
(6) The information provided in each statement and each financing statement.
(6) The information provided in each statement and each financing statement.
(7) If a request to the central indexing system cannot be automatically accepted, the secretary of state shall perform the acts required by subsections 1 and 2 not later than two business days after the central indexing system receives the request.
(7) If a request to the central indexing system cannot be automatically accepted, the secretary of state shall perform the acts required by subsections 1 and 2 not later than two business days after the central indexing system receives the request.
(8) At least weekly, the secretary of state shall offer to sell or license to the public on a nonexclusive basis, in bulk, detailed information of all records filed.
(8) At least weekly, the secretary of state shall offer to sell or license to the public on a nonexclusive basis, in bulk, detailed information of all records filed.
(9) Lapsed and Terminated Financing Statements. This section reflects the policy that terminated financing statements will remain part of the filing office’s data base. The filing office may remove from the data base only lapsed financing statements, and then only when at least a year has passed after lapse. See Section 9-519(g). Subsection (c)(1)(C) requires a filing office to conduct a search and report as to lapsed financing statements that have not been removed from the data base, when requested.
(10) Search by Debtor’s Address. Subsection (c)(1)(A) contemplates that, by making a single request, a searcher will receive the results of a search of the entire public record maintained by any given filing office. Addition of the bracketed language in subsection (c)(1)(A) would permit a search report limited to financing statements showing a particular address for the debtor, but only if the search request is so limited. With or without the bracketed language, this subsection does not permit the filing office to compel a searcher to limit a request by address.
(11) Medium of Communication; Certificates. Former Article 9 provided that the filing office respond to a request for information by providing a certificate. The principle of medium-neutrality would suggest that the statute not require a written certificate. Subsection (d) follows this principle by permitting the filing office to respond by communicating “in any medium.” By permitting communication “in any medium,” subsection (d) is not inconsistent with a system in which persons other than filing office staff conduct searches of the filing office’s (computer) records.
(12) Performance Standard. The utility of the filing system depends on the ability of searchers to get current information quickly. Accordingly, subsection (e) requires that the filing office respond to a request for information no later than two business days after it receives the request. The information contained in the response must be current as of a date no earlier than three business days before the filing office receives the request. See subsection (c)(1). The failure of the filing office to comply with performance standards, such as subsection (e), has no effect on the private rights of persons affected by the filing of records.
(13) Sales of Records in Bulk. Subsection (f), which is new, mandates that the appropriate official or the filing office sell or license the filing records to the public in bulk, on a nonexclusive basis, in every medium available to the filing office. The details of implementation are left to filing-office rules.
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.