Current through the 2023 Legislative Sessions
Section 41-09-11 - (9-201) General effectiveness of security agreement1. Except as otherwise provided in this title, a security agreement is effective according to the security agreement's terms between the parties, against purchasers of the collateral, and against creditors.2. A transaction, although subject to this chapter, is also subject to section 47-19-41 and chapters 13-04.1, 35-05, 49-09, and 51-13. In the case of conflict between this chapter and any of those statutes, the provisions of those statutes control. Failure to comply with any applicable statute has only the effect that is specified therein.3. In case of conflict between this chapter and a rule of law, statute, or regulation described in subsection 2, the rule of law, statute, or regulation controls. Failure to comply with a statute or regulation described in subsection 2 has only the effect the statute or regulation specifies. In no event is the failure of a secured party to comply with a statute or rule other than this chapter a failure to comply with any provision of this chapter.4. This chapter does not:a. Validate any rate, charge, agreement, or practice that violates a rule of law, statute, or regulation described in subsection 2; orb. Extend the application of the rule of law, statute, or regulation to a transaction not otherwise subject to it.