14-9-103. PERFECTION OF SECURITY INTERESTS IN TRANSACTIONS INVOLVING MORE THAN ONE JURISDICTION.
- Documents, instruments and ordinary goods.
- This subsection applies to documents and instruments and to goods other than those covered by a certificate of title described in subsection (2), mobile goods described in subsection (3), and minerals described in subsection (5).
- Except as otherwise provided in this subsection, perfection and the effect of perfection or non-perfection of a security interest in collateral are governed by the law of the jurisdiction where the collateral is located when the last event occurs on which is based the assertion that the security interest is perfected or unperfected.
- If the parties to a transaction creating a purchase money security interest in goods understand at the time that the security interest attaches that the goods will be kept in another jurisdiction, then the law of the other jurisdiction governs the perfection and the effect of perfection or non-perfection of the security interest. This security interest runs from the time it attaches until 30 days after the debtor receives possession of the goods, and it becomes permanent if the goods are, in fact, taken to the other jurisdiction before the end of the 30-day period.
- When collateral is brought into and kept within the Rosebud Indian Reservation, while subject to a security interest perfected under the law of the jurisdiction from which the collateral was removed, the security interest remains perfected. However, if action is required, by Part 3 of this Chapter to perfect the security interest,
- and the action is not taken before the expiration of the period of perfection in the other jurisdiction or the end of four months after the collateral is brought into the Rosebud Indian Reservation, whichever period first expires, the security interest becomes unperfected at the end of that period and its thereafter deemed to have been unperfected as against a person who became a purchaser after removal;
- and the action is taken before the expiration of the period specified in subparagraph (i), the security interest continues perfected thereafter;
- for the purpose of priority over a buyer of consumer goods (subsection (2) of section 307), the period of the effectiveness of a filing in the jurisdiction from which the collateral is removed is governed by the rules with respect to perfection in subparagraphs (i) and (ii).
- Certificate of title.
- This subsection applies to goods covered by a certificate of title issued pursuant to Rosebud tribal law or a statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection.
- Except as otherwise provided in this subsection, perfection and the effect of perfection or non-perfection of the security interest are governed by the law (including the conflict of law rules) of the jurisdiction issuing the certificate until four months after the goods are removed from that jurisdiction and thereafter until the goods are registered in another jurisdiction. After the expiration of that period, the goods are not covered by the certificate of title within the meaning of this section.
- Except with respect to the rights of a buyer described in the next paragraph, a security interest, perfected in another jurisdiction otherwise than by notation on a certificate of title, in goods brought into the Rosebud Indian Reservation and thereafter covered by a certificate of title issued pursuant to Rosebud tribal law, is subject to the rules states in paragraph (d) of subsection (1).
- If goods are brought into the Rosebud Indian Reservation while a security interest therein is perfected in any manner under the law of the jurisdiction from which the goods are removed, and a certificate of title is issued pursuant to Rosebud tribal law, and the certificate des not show that goods are subject to the security interest or that they may be subject to security interests not shown on the certificate, the security interest is subordinate to the rights of a buyer of the goods who is not in the business of selling goods of that kind to the extent that he gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest.
- Accounts, general intangible and mobile goods.
- This subsection applies to accounts (other than an account described in subsection (5) on minerals) and general intangibles (other than uncertified securities) and to goods which are mobile and which are of a type normally used in more than one jurisdiction, such as motor vehicles, trailers, rolling stock, airplanes, shipping containers, road building and construction machinery and commercial harvesting machinery and the like, if the goods are equipment or are inventory leased or held for lease by the debtor to others, and are not covered by a certificate of title described in subsection (2).
- The law (including the conflict of law rules) of the jurisdiction in which the debtor is located governs the perfection and the effect of perfection or non-perfection of the security interest.
- If, however, the debtor is located in a jurisdiction which is not a part of the United States, and which does not provide for perfection of a security interest by filing or recording in that jurisdiction, the law of the jurisdiction in the United States in which the debtor has its major executive office in the United States governs the perfection and the effect of perfection or non-perfection of the security interest through filing. In the alternative, if the debtor is located in a jurisdiction which is not a part of the United States or Canada and the collateral is accounts or general intangible or money due or to become due, the security interest may be perfected by notification to the account debot. As used in this paragraph, “United States” includes its territories and possession including the Rosebud Indian Reservation, other federally-recognized Indian reservations and the Commonwealth of Purto Rico.
- A debtor shall be deemed located at his place of business, if he has one, at his chief executive office if he has more than one place of business, otherwise at his residence. If, however, the debtor is a foreign air carrier under the Federal Aviation Act of 1958, as amended, he shall be deemed located at the designated office of the agent upon whom service or process may be made on behalf of the foreign air carrier.
- A security interest perfected under the law of the jurisdiction of the location of the debtor is perfected until the expiration of four months after the debtor relocates to another jurisdiction , or until perfection would have ceased by the law of the first jurisdiction, whichever period first expires, it becomes unperfected in the new jurisdiction before the end of that period, it becomes unperfected thereafter and is deemed to have been unperfected as against a person who becomes a purchaser after the change.
- Chattel Paper. The rules states for goods in subsection (1) apply to a possessory security interest in chattel paper. The rules states for accounts in subsection (3) apply to non-possessory security interest in chattel paper, but the security interest may not be perfected by notification to the account debtor.
- Minerals. Perfection and the effect of perfection or non-perfection of a security interest which is created by a debtor who has an interest in minerals or the like (including oil and gas) before extraction and which attaches thereto as extracted, or which attaches to an account resulting from the sale thereof at the wellhead or minehead are governed by the law (including the conflict of law rules) of the jurisdiction wherein the well head or minehead is located.
- Uncertificated securities. The law (including the conflict of law rules) of the jurisdiction of organization of the issuer governs the perfection and the effect of perfection or non-perfection of a security interest in uncertificated securities.
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