South Dakota § 57A-9-205 Effect of debtor's right to use or dispose of collateral--Requirement of possession.

South Dakota Statutes

§ 57A-9-205 — Effect of debtor's right to use or dispose of collateral--Requirement of possession.

South Dakota § 57A-9-205

Title 57AUNIFORM COMMERCIAL CODE

Ch. 57A-6SECURED TRANSACTIONS

This text of South Dakota § 57A-9-205 (Effect of debtor's right to use or dispose of collateral--Requirement of possession.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 57A-9-205 (2026).

Text

(a)A security interest is not invalid or fraudulent against creditors solely because:

(1)The debtor has the right or ability to:

(A)Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;

(B)Collect, compromise, enforce, or otherwise deal with collateral;

(C)Accept the return of collateral or make repossessions; or (D) Use, commingle, or dispose of proceeds; or (2) The secured party fails to require the debtor to account for proceeds or replace collateral.

(b)This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.

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(a) A security interest is not invalid or fraudulent against creditors solely because: (1) The debtor has the right or ability to: (A) Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods; (B) Collect, compromise, enforce, or otherwise deal with collateral; (C) Accept the return of collateral or make repossessions; or (D) Use, commingle, or dispose of proceeds; or (2) The secured party fails to require the debtor to account for proceeds or replace collateral. (b) This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.