Current through 2024 Legislative Session
Section 41-09-129 - (9-707) Amendment of pre-effective-date financing statement1. In this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2001.2. After July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in part 3. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.3. Except as otherwise provided in subsection 4, if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after July 1, 2001, if: a. The pre-effective-date financing statement and an amendment are filed in the office specified in section 41-09-72;b. An amendment is filed in the office specified in section 41-09-72 concurrently with, or after the filing in that office of, an initial financing statement that satisfies subsection 3 of section 41-09-128; orc. An initial financing statement that provides the information as amended and satisfies subsection 3 of section 41-09-128 is filed in the office specified in section 41-09-72.4. If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under subsections 4 and 6 of section 41-09-127 and section 41-09-128.5. Regardless of whether the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated July 1, 2001, by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies subsection 3 of section 41-09-128 has been filed in the office specified by the law of the jurisdiction governing perfection as provided in part 3 as the office in which to file a financing statement.