14-9-302. WHEN FILING IS REQUIRED TO PERFECT A SECURITY INTEREST; SECURITY INTERESTS TO WHICH THE FILING PROVISIONS OF THIS CHAPTER DO NOT APPLY.
- A financing statement must be filed to perfect all security interests except the following:
- A security interest in collateral in possession of the secured party under Section 305;
- A security interest temporarily perfected in instruments or documents without delivery under Section 304 or in proceeds for a 10 day period under Section 306;
- A security interest created by an assignment of a beneficial interest in a trust or a decedent’s estate;
- A purchase money security interest in consumer goods; but filing is required for a motor vehicle required to be registered; and fixture filing is required for priority over conflicting interests in fixtures to the extent provided in Section 313;
- An assignment of accounts which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts of the assignor;
- A security interest of a collecting bank or in securities or arising under the Sales Chapter (See Section 113) or covered in subsection (3) of this section; (g) An assignment for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder.
- If a secured party assigns a perfected security interest, no filing under this Chapter is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
- The filing of a financing statement otherwise required by this Chapter is not necessary or effective to perfect a security interest in property subject to
- A statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specifies a place of filing different from that specified in this Chapter for filing of the security interest; or
- Any applicable tribal laws governing certificates of title for automobiles, trailers, mobile homes, boats, farm tractors, or the like; but during any period in which the collateral is inventory held for sale by a person who is in business of selling goods of that kind, the filing provisions of this Chapter (Part 4) apply to a security interest in that collateral created by him as debtor; or
- A certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (subsection (2) of Section 103).
- Compliance with a statute or treaty described in subsection (3) is equivalent to the filing of a financing statement under this Chapter, and a security interest in property subject to that statute or treaty can be perfected only by compliance therewith except as provided in Section 103 on multiple jurisdictional transactions. The duration and renewal of perfection of a security interest perfected by compliance with a statute or treaty are governed by the provisions of the statute or treaty; in other respects the security interests is subject to this Chapter.
Downloadable Forms
Seach for available forms on the Rosebud Sioux Tribal Court document manager. This includes Constitutional Amendments, Motions, ProSe forms, etc.
Office | (605) 747-2278