South Dakota 09 — Secured Transactions
- 57A-9-101 — Short title.
- 57A-9-102 — Definition of terms.
- 57A-9-103 — Purchase money security interest--Application of payments--Burdenof establishing nature of interest.
- 57A-9-104 — Control of deposit account.
- 57A-9-105 — Control of electronic chattel paper.
- 57A-9-106 — Control of security, security settlement, or commodity contract.
- 57A-9-107 — Control of letter-of-credit right.
- 57A-9-108 — Sufficiency of description of property.
- 57A-9-109 — Application of chapter.
- 57A-9-110 — Provisions governing security interests arising under other sections.
- 57A-9-111 — Repealed.PART 2. EFFECTIVENESS OF SECURITY AGREEMENT--ATTACHMENT OF SECURITYINTEREST--RIGHTS OF PARTIES TO SECURITY AGREEMENT.
- 57A-9-201 — Effectiveness of security interest in general--Applicability of otherlaws--Conflict of law.
- 57A-9-202 — Immateriality of title to collateral.
- 57A-9-203 — Attachment of security interest--Enforceability--Person bound bysecurity interest entered into by another.
- 57A-9-204 — Interest in after-acquired collateral.
- 57A-9-204.1 — Attachment of security interest in transactions entered into betweenJune 30, 1978, and July 1, 1979.
- 57A-9-205 — Effect of debtor's right to use or dispose of collateral--Requirementof possession.
- 57A-9-206 — Interest in favor of securities intermediary--Interest in favor ofperson who delivers financial asset.
- 57A-9-207 — Rights and duties of secured party who has possession or control ofcollateral.
- 57A-9-208 — Obligations of secured party having control of deposit account,investment property, or letter-of-credit right.
- 57A-9-209 — Secured party's obligation to release account debtor that has receivednote of assignment.
- 57A-9-210 — Response to request for accounting, statement of account, or list ofcollateral.PART 3. PERFECTION AND PRIORITY.
- 57A-9-301 — Law governing perfection, effect of perfection or nonperfection, andpriority.
- 57A-9-302 — Law governing perfection and priority issues relating to farmproducts.
- 57A-9-303 — Law governing perfection and priority issues relating to goodscovered by a certificate of title.
- 57A-9-304 — Law governing perfection and priority issues relating to depositaccounts--Determination of bank's jurisdiction.
- 57A-9-305 — Law governing perfection and priority issues relating to investmentproperty--Determination of commodity intermediary's jurisdiction.
- 57A-9-306 — Law governing issues of perfection and priority relating toletter-of-credit rights.
- 57A-9-307 — Determination of debtor's location.
- 57A-9-308 — What constitutes perfection of security interest or agricultural lien.
- 57A-9-309 — Security interests that are perfected when they attach.
- 57A-9-310 — Requirement that financing statement be filed to perfect securityinterest or agricultural lien.
- 57A-9-311 — Perfection of security interest in property subject to certain statutes,regulations, or treaties.
- 57A-9-312 — Perfection of security interest in chattel paper, negotiableinstruments, or investment property--Interests perfected by controlor by notice of interest or claim--Goods in possession of bailee--Temporary perfection.
- 57A-9-313 — Perfection by taking possession of collateral or by delivery.
- 57A-9-314 — Perfection by control of collateral.
- 57A-9-315 — Effect of disposition of collateral on security interest or agriculturallien--Interest in proceeds.
- 57A-9-316 — Effect of change in governing law on perfection of security interest.
- 57A-9-317 — Subordination of security interest or agricultural lien--Persons whotake free of interest or lien.
- 57A-9-318 — Effect of sale of collateral on rights of debtor.
- 57A-9-319 — Rights of consignee in relation to creditors and purchasers.
- 57A-9-320 — Rights of buyer in ordinary course of business--Buyer of goods fromseller who bought or used them for personal or household use.
- 57A-9-321 — "Licensee in ordinary course of business"--Rights with respect tosecurity interest--Rights of lessee in ordinary course of business.
- 57A-9-322 — Priority among conflicting security interests and agricultural liens insame collateral.
- 57A-9-323 — Dating of perfection from time of advance--Subordination ofsecurity interest to interest of lien creditor--Rights of buyer of goods--Lessee of goods.
- 57A-9-324 — Priority of perfected purchase money security interest.
- 57A-9-325 — Subordination of security interest created by debtor to securityinterest created by another person.
- 57A-9-326 — Subordination of security interest created by new debtor.
- 57A-9-327 — Priority among conflicting security interests in same deposit account.
- 57A-9-328 — Priority among conflicting security interests in same investmentproperty.
- 57A-9-329 — Priority among conflicting security interests in same letter-of-creditright.
- 57A-9-330 — Priority of rights of purchaser of chattel paper--Priority in proceeds.
- 57A-9-331 — Rights of holder in due course of negotiable instrument, holder ofnegotiable document of title, or protected purchaser of security--Rights of person protected under chapter 57A-8.
- 57A-9-332 — Transferee of money or funds from deposit account.
- 57A-9-333 — "Possessory lien"--Priority over security interest.
- 57A-9-334 — Security interest in fixtures--Priority--Security interest in growingcrops.
- 57A-9-335 — Security interest in accession--Collateral that becomes an accession.
- 57A-9-336 — "Commingled goods"--Security interest and priority issues withrespect to commingled goods.
- 57A-9-337 — Certificate of title failing to show security interest perfected underanother jurisdiction's law.
- 57A-9-338 — Effect of inaccurate financing statement on security interest oragricultural lien.
- 57A-9-339 — Subordination by agreement.
- 57A-9-340 — Bank's right of recoupment or setoff against party holding securityinterest in deposit account.
- 57A-9-341 — Effect of security interest on bank's rights and duties with respect todeposit account.
- 57A-9-342 — Bank's right with respect to agreement giving secured party controlof deposit account.PART 4. RIGHTS OF THIRD PARTIES.
- 57A-9-401 — Transferability of debtor's rights.
- 57A-9-401.1 — Repealed.
- 57A-9-402 — Secured party's liability for debtor's acts or omissions.
- 57A-9-403 — "Value"--Agreement not to assert claims or defenses againstassignee.
- 57A-9-403.1 — Repealed.
- 57A-9-404 — Claims and defenses assertable against assignee.
- 57A-9-405 — Effect of modification or substitution of assigned contract.
- 57A-9-406 — Discharge of account debtor--Notice of assignment--Proof ofassignment--Ineffective prohibitions or restrictions on assignments.
- 57A-9-407 — Ineffective prohibitions or restrictions in lease agreement.
- 57A-9-408 — Restrictions on assignment or transfer of promissory note, healthcare insurance receivable, or general intangible.
- 57A-9-409 — Ineffective restrictions on assignment or creation of security interestin letter-of-credit right.PART 5. FILING.
- 57A-9-501 — Office for filing financing statement for security interest oragricultural lien.
- 57A-9-501.1 — Validation of noncomplying statements.
- 57A-9-501.2 — Secured party access through state's computer to record liens on realproperty--Rules.
- 57A-9-502 — Requirements for financing statement--Record of mortgage asfinancing statement.
- 57A-9-503 — Sufficiency of provision of debtor's name.
- 57A-9-504 — Sufficiency of description of collateral.
- 57A-9-505 — Filing by bailor of goods, licensor, or buyer of payment intangible orpromissory note.
- 57A-9-506 — Substantial compliance with requirements.
- 57A-9-507 — Continuing effectiveness of filed financing statement.
- 57A-9-508 — Effect of new debtor's rights in collateral.
- 57A-9-509 — Authority to file financing statement or amendment adding collateralor debtor.
- 57A-9-510 — Effectiveness of filed record.
- 57A-9-511 — Person constituting secured party of record.
- 57A-9-512 — Procedure for amending financing statement--Effectiveness.
- 57A-9-513 — Termination statement.
- 57A-9-514 — Assignment of secured party's power to authorize amendment--Assignment of record of security's interest in fixture.
- 57A-9-515 — Effective period for filed financing statement--Effect of lapse.
- 57A-9-516 — What constitutes filing--Effect of filing office's failure to acceptrecord for filing.
- 57A-9-517 — Effect of incorrect indexing of record.
- 57A-9-518 — Correction statement for filed record.
- 57A-9-519 — Duties of filing office in dealing with records.
- 57A-9-520 — Refusal by filing office to accept record.
- 57A-9-521 — Forms for financing statement, amendment to statement, andaddendum for either.
- 57A-9-522 — Required retention of information from financing statement--Destruction of written record.
- 57A-9-523 — Acknowledgment of filing--Information to be communicated fromrecords on request--Sale or licensing of records.
- 57A-9-524 — Excuses for filing office failure to meet time limits.
- 57A-9-525 — Fees for filing and indexing records.
- 57A-9-525.1 — Effect of filing with register of deeds prior to July 1, 1986--Continuation or amendment thereof.
- 57A-9-525.2 — Central filing system--Promulgation of regulations.
- 57A-9-525.3 — Central agricultural security interest filing system--Adoption ofrules.
- 57A-9-525.4 — Fee for crop or livestock effective finance statement microfichemaster list.
- 57A-9-526 — Rules and practices for filing offices.
- 57A-9-527 — Financing statement filing fee fund.
- 57A-9-528 — Fees deposited in filing fee fund.
- 57A-9-529 — Disposition of balance of funds.
- 57A-9-530 — Combined financing statement for farm products.PART 6. DEFAULT.
- 57A-9-601 — Rights of secured party after default--Rights of debtor and obligor--Relation back of judgment lien.
- 57A-9-602 — Waiver or variance of rules by debtor or obligor.
- 57A-9-603 — Agreement on standards for fulfilling rights and duties.
- 57A-9-604 — Procedure if obligation secured by security interest in personalproperty or fixtures is also secured by interest in real property.
- 57A-9-605 — Duty of secured party to unknown debtor or obligor or unknownsecured party or lienholder.
- 57A-9-606 — Time of default in connection with agricultural lien.
- 57A-9-607 — Secured party's rights with respect to collection and enforcement.
- 57A-9-608 — Application of proceeds--Entitlement to surplus or liability fordeficiency.
- 57A-9-609 — Secured party's rights with respect to collateral following default.
- 57A-9-609.1 — Action for recovery of security by creditor against third partypurchaser of farm products--Limitation period--Offer to file criminalcomplaint.
- 57A-9-609.2 — Farm products fraud--Misdemeanor.
- 57A-9-610 — Disposition of collateral after default--Treatment of warranties.
- 57A-9-611 — "Notification date"--Notification of disposition of collateral.
- 57A-9-612 — Reasonable time for sending notification.
- 57A-9-613 — Contents of notification--Form.
- 57A-9-614 — Notice of disposition for consumer goods transaction--Form.
- 57A-9-615 — Order of payment of cash proceeds--Proof of subordinate securityinterest or lien--Surplus or deficiency.
- 57A-9-616 — "Explanation"--"Request"--Secured party's obligation to sendexplanation relating to surplus or deficiency.
- 57A-9-617 — Rights of transferee of collateral disposed of after default.
- 57A-9-618 — Rights and duties of secondary obligor.
- 57A-9-619 — "Transfer statement"--Rights of transferee--Effect of transfer ofrecord or legal title.
- 57A-9-620 — Conditions for accepting collateral in full or partial satisfaction ofobligation--Requirement that collateral be disposed of.
- 57A-9-621 — Persons who must receive secured party's proposal to acceptcollateral.
- 57A-9-622 — Effect of acceptance of collateral.
- 57A-9-623 — Persons who may redeem collateral--Procedure.
- 57A-9-624 — Waiver of rights.
- 57A-9-625 — Sanctions for failure to proceed in accordance with chapter--Liabilityfor damages.
- 57A-9-626 — Action in which amount of deficiency or surplus is in issue.
- 57A-9-627 — What constitutes commercially reasonable collection, enforcement,disposition, or acceptance.
- 57A-9-628 — Limitations on liability of secured party.PART 7. TRANSITION.
- 57A-9-701 — Effective date of chapter.
- 57A-9-702 — Effect of chapter on transactions or liens entered into or createdbefore July 1, 2001--Effect on actions, cases, or proceedings.
- 57A-9-703 — Effect of division on security interests enforceable before July 1,2001.
- 57A-9-704 — Enforceability and perfection of security interest enforceableimmediately prior to July 1, 2001, and subordinate to lien creditor.
- 57A-9-705 — Effect of certain actions prior to July 1, 2001.
- 57A-9-706 — Conditions to continuing effectiveness of financing statement filedbefore July 1, 2001.
- 57A-9-707 — Pre-effective-date financing statement--Amendment, continuation,termination.
- 57A-9-708 — Conditions to filing initial financing statement or continuationstatement under part.
- 57A-9-709 — Determination of priority of conflicting claims to collateral--Datingpriority of security interest.