§ 41-09-73 — (9-502) Contents of financing statement - Record of mortgage as financing statement - Time of filing financing statement - Amending financing statement

North Dakota § 41-09-73

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-09: Secured Transactions

Text

statement - Time of filing financing statement - Amending financing statement.
1. Subject to subsection 2, a financing statement is sufficient only if the statement:
a. Provides the name of the debtor;
b. Provides the name of the secured party or a representative of the secured party;
c. Indicates the collateral covered by the financing statement; and
d. If it is a financing statement that is to be filed to gain protection under the central
notice system, includes a reasonable description of the property, including the
county in which the property is located, and any other additional information
required by the Food Security Act of 1985 [Pub. L. 99-198; Stat. 1535; 7 U.S.C.
1631], as prescribed by the secretary of state, and, to be sufficient a financing
statement must include the name and address of the secured party; and unless
electronically filed, the signatures of the debtor and secured parties.
2. Except as otherwise provided in subsection 2 of section 41-09-72, to be sufficient, a
financing statement that covers as-extracted collateral or timber to be cut, or which is
filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy
subsection 1 and also:
a. Indicate that it covers this type of collateral;
b. Indicate that it is to be filed for record in the real property records;
c. Provide a description of the real property to which the collateral is related
sufficient to give constructive notice of a mortgage under the law of this state if
the description were contained in a record of the mortgage of the real property;
and
d. If the debtor does not have an interest of record in the real property, provide the
name of a record owner.
3. A record of a mortgage is effective, from the date of recording, as a financing
statement filed as a fixture filing or as a financing statement covering as-extracted
collateral or timber to be cut only if:
a. The record indicates the goods or accounts that it covers;
b. The goods are or are to become fixtures related to the real property described in
the record or the collateral is related to the real property described in the record
and is as-extracted collateral or timber to be cut;
c. The record satisfies the requirements for a financing statement in this section,
but:
(1) The record need not indicate that it is to be filed in the real property records;
(2) The record sufficiently provides the name of a debtor who is an individual if
the record provides the individual name of the debtor or the surname and
first personal name of the debtor, even if the debtor is an individual to whom
subdivision d of subsection 1 of section 41-09-74 applies; and
(3) The mortgage may not include a social security number or internal revenue
service taxpayer identification number; and
d. The record is duly recorded.
4. A financing statement may be filed before a security agreement is made or a security
interest otherwise attaches.
5. A financing statement filed to gain protection under the central notice system must be
amended within three months of a material change to reflect that change. The
amended financing statement must be signed by both the debtor and secured party
and filed in the same manner as the original financing statement. An electronically filed
amendment does not need to be signed.
6. a. Any social security number or internal revenue service taxpayer identification
number submitted on a financing statement filed pursuant to this chapter as a
central indexing filing is an exempt record as defined by subsection 5 of section
44-04-17.1 and may not be disclosed as part of any search under

section 41-09-94 or 41-09-96 or as part of a copy of the record. A filing office or
an officer or employee of the filing office may not be held civilly or criminally liable
for the inadvertent disclosure of a social security or internal revenue service
taxpayer identification number if the filer has placed the number in an improper
field on the form prescribed by the secretary of state or the filer submitted a filing
other than on the form prescribed by the secretary of state.
b. A debtor's social security number or internal revenue service taxpayer
identification number may not be recorded in the real property records as
provided for under section 11-18-23.2.