§ 41-09-90 — (9-519) Numbering, maintaining, and indexing records - Communicating information provided in records

North Dakota § 41-09-90

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

Text

information provided in records.
1. For each record filed in a filing office, the filing office shall:
a. Assign a unique number to the filed record;
b. Create a record that bears the number assigned to the filed record and the date
and time of filing;
c. Maintain the filed record for public inspection; and
d. Index the filed record in accordance with subsections 3 through 5.
2. A file number assigned after January 1, 2002, must include a digit that:
a. Is mathematically derived from or related to the other digits of the file number;
and
b. Aids the filing office in determining whether a number communicated as the file
number includes a single-digit or transpositional error.
3. Except as otherwise provided in subsections 4 and 5, the filing office shall:
a. Index an initial financing statement according to the name of the debtor and index
all filed records relating to the initial financing statement in a manner that
associates with one another an initial financing statement and all filed records
relating to the initial financing statement; and
b. Index a record that provides a name of a debtor which was not previously
provided in the financing statement to which the record relates also according to
the name that was not previously provided.
4. If a financing statement is filed as a fixture filing or covers as-extracted collateral or
timber to be cut, it must be filed for record and the filing office shall index it:
a. Under the names of the debtor and of each owner of record shown on the
financing statement as if they were the mortgagors under a mortgage of the real
property described; and
b. To the extent that the law of this state provides for indexing of records of
mortgages under the name of the mortgagee, under the name of the secured
party as if the secured party were the mortgagee thereunder, or, if indexing is by
description, as if the financing statement were a record of a mortgage of the real
property described.
5. If a financing statement is filed as a fixture filing or covers as-extracted collateral or
timber to be cut, the filing office shall index an assignment filed under subsection 1 of
section 41-09-85 or an amendment filed under subsection 2 of section 41-09-85:
a. Under the name of the assignor as grantor; and
b. To the extent that the law of this state provides for indexing a record of the
assignment of a mortgage under the name of the assignee, under the name of
the assignee.
6. The filing office shall maintain a capability:
a. To retrieve a record by the name of the debtor and by the file number assigned to
the initial financing statement to which the record relates; and
b. To associate and retrieve with one another an initial financing statement and each
filed record relating to the initial financing statement.
7. The filing office may not remove a debtor's name from the index until one year after
the effectiveness of a financing statement naming the debtor lapses under section
41-09-86 with respect to all secured parties of record.

8. The filing office shall perform the acts required by subsections 1 through 5 at the time
and in the manner prescribed by filing-office rule, but not later than two business days
after the filing office receives the record in question.