§ 41-12-07 — (12-107) Governing law

North Dakota § 41-12-07

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-12: Uniform Commercial Code - Controllable Electronic Records

Text

1. Except as provided in subsection 2, the local law of a controllable electronic record's
jurisdiction governs a matter covered by this chapter.
2. For a controllable electronic record that evidences a controllable account or
controllable payment intangible, the local law of the controllable electronic record's
jurisdiction governs a matter covered by section 41-12-06 unless an effective
agreement determines that the local law of another jurisdiction governs.
3. The following rules determine a controllable electronic record's jurisdiction under this
section:
a. If the controllable electronic record, or a record attached to or logically associated
with the controllable electronic record and readily available for review, expressly
provides that a particular jurisdiction is the controllable electronic record's
jurisdiction for purposes of this chapter or title, that jurisdiction is the controllable
electronic record's jurisdiction.
b. If subdivision a does not apply and the rules of the system in which the
controllable electronic record is recorded are readily available for review and
expressly provide that a particular jurisdiction is the controllable electronic
record's jurisdiction for purposes of this chapter or title, that jurisdiction is the
controllable electronic record's jurisdiction.
c. If subdivisions a and b do not apply and the controllable electronic record, or a
record attached to or logically associated with the controllable electronic record
and readily available for review, expressly provides that the controllable electronic
record is governed by the law of a particular jurisdiction, that jurisdiction is the
controllable electronic record's jurisdiction.
d. If subdivisions a, b, and c do not apply and the rules of the system in which the
controllable electronic record is recorded are readily available for review and
expressly provide that the controllable electronic record or the system is
governed by the law of a particular jurisdiction, that jurisdiction is the controllable
electronic record's jurisdiction.
e. If subdivisions a through d do not apply, the controllable electronic record's
jurisdiction is the District of Columbia.
4. If subdivision e of subsection 3 applies and this chapter is not in effect in the District of
Columbia without material modification, the governing law for a matter covered by this
chapter is the law of the District of Columbia as though Article 12 were in effect in the
District of Columbia without material modification. In this subsection, "Article 12"
means Article 12 of Uniform Commercial Code Amendments (2022).
5. To the extent subsections 1 and 2 provide that the local law of the controllable
electronic record's jurisdiction governs a matter covered by this chapter, that law
governs even if the matter or a transaction to which the matter relates does not bear
any relation to the controllable electronic record's jurisdiction.
6. The rights acquired under section 41-12-04 by a purchaser or qualifying purchaser are
governed by the law applicable under this section at the time of purchase.