N.D. Cent. Code § 41-09-137

Current through the 2023 Legislative Sessions

Section 41-09-137 - (9-807) Amendment of pre-effective-date financing statement

1. In this section, "pre-effective-date financing statement" means a financing statement filed before this Act takes effect.

2. After this Act takes effect, 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 this chapter as amended by this Act. 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 this Act takes effect only 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 41-09-136; or

c. An initial financing statement that provides the information as amended and satisfies subsection 3 of section 41-09-136 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 3 and 5 of section 41-09-135 or section 41-09-136.

5. Whether or not 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 after this Act takes effect 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 41-09-136 has been filed in the office specified by the law of the jurisdiction governing perfection as provided in this chapter as amended by this Act as the office in which to file a financing statement.

N.D.C.C. § 41-09-137

Added by S.L. 2011, ch. 304 (HB 1137),§ 22, eff. 7/1/2013.