North Dakota § 41-09-80 (9-509) Persons entitled to file a record

North Dakota Statutes

§ 41-09-80 — (9-509) Persons entitled to file a record

North Dakota·Title 41 Uniform Commercial Code·Ch. 41-09 Secured Transactions

1.A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:

a.The debtor authorizes the filing in a signed record or pursuant to subsection 2 or 3; or

b.The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.

2.By signing or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:

a.The collateral described in the security agreement; and

b.Property that becomes collateral under subdivision b of subsection 1 of section 41-09-35, regardle

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1. A person may file an initial financing statement, amendment that adds collateral
covered by a financing statement, or amendment that adds a debtor to a financing
statement only if:
a. The debtor authorizes the filing in a signed record or pursuant to subsection 2
or 3; or
b. The person holds an agricultural lien that has become effective at the time of
filing and the financing statement covers only collateral in which the person holds
an agricultural lien.

2. By signing or becoming bound as debtor by a security agreement, a debtor or new
debtor authorizes the filing of an initial financing statement, and an amendment,
covering:
a. The collateral described in the security agreement; and
b. Property that becomes collateral under subdivision b of subsection 1 of section
41-09-35, regardless of whether the security agreement expressly covers
proceeds.
3. By acquiring collateral in which a security interest or agricultural lien continues under
subdivision a of subsection 1 of section 41-09-35, a debtor authorizes the filing of an
initial financing statement, and an amendment, covering the collateral and property
that becomes collateral under subdivision b of subsection 1 of section 41-09-35.
4. A person may file an amendment other than an amendment that adds collateral
covered by a financing statement or an amendment that adds a debtor to a financing
statement only if:
a. The secured party of record authorizes the filing; or
b. The amendment is a termination statement for a financing statement as to which
the secured party of record has failed to file or send a termination statement as
required under section 41-09-84, the debtor authorizes the filing, and the
termination statement indicates that the debtor authorized it to be filed. The filing
office shall notify the secured party of a filing under this subsection.
5. If there is more than one secured party of record for a financing statement, each
secured party of record may authorize the filing of an amendment under subsection 4.

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