2013 North Dakota Century Code Title 35 Liens Chapter 35-29 Uniform Federal Lien Registration Act
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CHAPTER 35-29
UNIFORM FEDERAL LIEN REGISTRATION ACT
35-29-01. Scope.
This chapter applies only to federal tax liens and to other federal liens notices of which
under any act of Congress or any regulation adopted pursuant thereto are required or permitted
to be filed in the same manner as notices of federal tax liens.
35-29-02. (Effective through July 31, 2015, or see note) Place of filing.
1. Notices of liens, certificates, and other notices affecting federal tax liens or other
federal liens must be filed in accordance with this chapter.
2. Notices of liens upon real property for obligations payable to the United States and
certificates and notices affecting the liens must be filed in the office of the recorder of
the county in which the real property subject to the liens is situated.
3. Notices of federal liens upon personal property, whether tangible or intangible, for
obligations payable to the United States and certificates and notices affecting the liens
must be filed as follows:
a. If the person against whose interest the lien applies is a corporation, limited
liability company, or a partnership whose principal executive office is in this state,
as these entities are defined in the internal revenue laws of the United States, in
the office of the secretary of state.
b. If the person against whose interest the lien applies is a trust that is not covered
by subdivision a, in the office of the secretary of state.
c. If the person against whose interest the lien applies is the estate of a decedent, in
the office of the secretary of state.
d. In all other cases, in the office of the recorder of the county where the person
against whose interest the lien applies resides at the time of filing of the notice of
lien.
(Effective after July 31, 2015, or see note) Place of filing.
1. Notices of liens, certificates, and other notices affecting federal tax liens or other
federal liens must be filed in accordance with this chapter.
2. Notices of liens upon real property for obligations payable to the United States and
certificates and notices affecting the liens must be filed in the central indexing system
and associated to the county in which the real property subject to the liens is situated.
3. Notices of federal liens upon personal property, whether tangible or intangible, for
obligations payable to the United States and certificates and notices affecting the liens
must be filed as follows:
a. If the person against whose interest the lien applies is a corporation, limited
liability company, or a partnership whose principal executive office is in this state,
as these entities are defined in the internal revenue laws of the United States, in
the office of the secretary of state.
b. If the person against whose interest the lien applies is a trust that is not covered
by subdivision a, in the office of the secretary of state.
c. If the person against whose interest the lien applies is the estate of a decedent, in
the office of the secretary of state.
d. In all other cases, in the office of the recorder of the county where the person
against whose interest the lien applies resides at the time of filing of the notice of
lien.
4. The secretary of state shall provide a means for the United States to file any
documentation according to this chapter.
35-29-03. Execution of notices and certificates.
Certification of notices of liens, certificates, or other notices affecting federal liens by the
secretary of the treasury of the United States or the secretary's delegate, or by any official or
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entity of the United States responsible for filing or certifying of notice of any other lien, entitles
them to be filed and no other attestation, certification, or acknowledgment is necessary.
35-29-04. (Effective through July 31, 2015, or see note) Duties of filing officer.
1. If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation
of any certificate described in subsection 2 is presented to a filing officer who is:
a. The secretary of state, the secretary shall cause the notice to be marked, held,
and indexed in accordance with the provisions of section 41-09-90 as if the notice
were a financing statement within the meaning of title 41; or
b. Any other officer described in section 35-29-02, the officer shall endorse thereon
the officer's identification and the date and time of receipt and immediately file it
alphabetically or enter it in an alphabetical index showing the name and address
of the person named in the notice, the date and time of receipt, the title and
address of the official or entity certifying the lien, and the total amount appearing
on the notice of lien.
2. If a certificate of release, nonattachment, discharge, or subordination of any lien is
presented to the secretary of state for filing, the secretary shall do all of the following:
a. Cause a certificate of release or nonattachment to be marked, held, and indexed
as if the certificate were a termination statement within the meaning of title 41, but
the notice of lien to which the certificate relates may not be removed from the
files.
b. Cause a certificate of discharge or subordination to be marked, held, and indexed
as if the certificate were a release of collateral within the meaning of title 41.
3. If a refiled notice of federal lien referred to in subsection 1 or any certificate or notice
referred to in subsection 2 is presented for filing to any other filing officer specified in
section 35-29-02, the officer shall permanently attach the refiled notice or the
certificate to the original notice of lien and enter the refiled notice or the certificate with
the date of filing in any alphabetical lien index on the line where original notice of lien
is entered.
4. Upon request of any person, the filing officer shall issue the officer's certificate
showing whether there is on file, on the date and hour stated therein, any notice of lien
or certificate or notice affecting any lien filed under this chapter or chapter 35-28 as it
existed prior to enactment of this chapter, naming a particular person, and if a notice or
certificate is on file, giving the date and hour of filing of each notice or certificate. The
fee for a certificate is one dollar and twenty-five cents for each notice or certificate
reported therein. Upon request, the filing officer shall furnish a copy of any notice of
federal lien, or notice or certificate affecting a federal lien, for a fee of one dollar, plus
seventy-five cents for the second and each succeeding page.
(Effective after July 31, 2015, or see note) Duties of filing officer.
1. If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation
of any certificate described in subsection 2 is presented:
a. The secretary of state shall cause the notice to be marked, held, and indexed in
accordance with the provisions of section 41-09-90 as if the notice were a
financing statement within the meaning of title 41; or
b. The secretary of state shall endorse thereon the officer's identification and the
date and time of receipt and immediately file it alphabetically or enter it in an
alphabetical index showing the name and address of the person named in the
notice, the date and time of receipt, the title and address of the official or entity
certifying the lien, and the total amount appearing on the notice of lien.
2. If a certificate of release, nonattachment, discharge, or subordination of any lien is
presented to the secretary of state for filing, the secretary shall do all of the following:
a. Cause a certificate of release or nonattachment to be marked, held, and indexed
as if the certificate were a termination statement within the meaning of title 41, but
the notice of lien to which the certificate relates may not be removed from the
files.
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b.
3.
4.
5.
Cause a certificate of discharge or subordination to be marked, held, and indexed
as if the certificate were a release of collateral within the meaning of title 41.
If a refiled notice of federal lien referred to in subsection 1 or any certificate or notice
referred to in subsection 2 is presented for filing, the secretary of state shall
permanently attach the refiled notice or the certificate to the original notice of lien and
enter the refiled notice or the certificate with the date of filing in any alphabetical lien
index on the line where original notice of lien is entered.
Any person may search the central indexing system to determine whether there is on
file, on the date and hour stated therein, any notice of lien or certificate or notice
affecting any lien filed under this chapter or chapter 35-28 as it existed prior to
enactment of this chapter, naming a particular person, and if a notice or certificate is
on file, giving the date and hour of filing of each notice or certificate.
The secretary of state shall fulfill any of the functions described in this section by
electronic means with the same legal effect as if the function had been completed on a
physical document.
35-29-05. (Effective through July 31, 2015, or see note) Fees.
1. The fee for filing and indexing each notice of lien is:
a. For a lien on real estate, ten dollars, plus three dollars for the second and each
succeeding page.
b. For a lien on tangible and intangible personal property, ten dollars, plus five
dollars to record if filed with a county recorder.
c. For all other notices, including a certificate of discharge, nonattachment, or
subordination, ten dollars, plus ten dollars if filed toward a lien on real estate with
a county recorder.
d. For a nonstandard statement when presented for filing, an additional fee of five
dollars plus one dollar per page, and if filed on a real estate lien with a county
recorder, an additional ten dollars plus three dollars for the second and each
succeeding page.
e. For a certificate of release, five dollars, which must be paid at the time the lien is
filed.
2. The officer may not file or record an instrument under this chapter unless the person
offering the instrument for filing or recording has first paid the requisite filing or
recording fee.
(Effective after July 31, 2015, or see note) Fees.
1. The fee for filing and indexing each notice of lien in the central indexing system is
established according to section 41-09-96. Fees to record liens with a county recorder
are the same as provided for under section 11-18-05.
2. The officer may not file or record an instrument under this chapter unless the person
offering the instrument for filing or recording has first paid the requisite filing or
recording fee.
35-29-06. Short title.
This chapter may be cited as the Uniform Federal Lien Registration Act.
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