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2018 South Dakota Codified Laws
Title 57A - UNIFORM COMMERCIAL CODE
Chapter 09 - Secured Transactions
PART 1. GENERAL PROVISIONS.
- § 57A-9-101 Short title.
- § 57A-9-102 Definitions and index of definitions.
- § 57A-9-103 Purchase money security interest--Application of payments--Burden of 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- § 57A-9-111 Repealed
- § 57A-9-201 Effectiveness of security interest in general--Applicability of other laws--Conflict of law.
- § 57A-9-202 Immateriality of title to collateral.
- § 57A-9-203 Attachment and enforceability of security interest--Proceeds--Supporting obligations--Formal requisites.
- § 57A-9-204 Interest in after-acquired collateral.
- § 57A-9-204.1 Attachment of security interest in transactions entered into between June 30, 1978, and July 1, 1979.
- § 57A-9-205 Effect of debtor's right to use or dispose of collateral--Requirement of possession.
- § 57A-9-206 Interest in favor of securities intermediary--Interest in favor of person who delivers financial asset.
- § 57A-9-207 Rights and duties of secured party having possession or control of collateral.
- § 57A-9-208 Additional duties of secured party having control of collateral.
- § 57A-9-209 Secured party's obligation to release account debtor that has received note of assignment.
- § 57A-9-210 Response to request for accounting, statement of account, or list of collateral
- § 57A-9-301 Law governing perfection, effect of perfection or nonperfection, and priority.
- § 57A-9-302 Law governing perfection and priority issues relating to farm products.
- § 57A-9-303 Law governing perfection and priority issues relating to goods covered by a certificate of title.
- § 57A-9-304 Law governing perfection and priority issues relating to deposit accounts--Determination of bank's jurisdiction.
- § 57A-9-305 Law governing perfection and priority issues relating to investment property--Determination of commodity intermediary's jurisdiction.
- § 57A-9-306 Law governing issues of perfection and priority relating to letter-of-credit rights.
- § 57A-9-307 Location of debtor.
- § 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 security interest or agricultural lien--Exceptions.
- § 57A-9-311 Perfection of security interests in property subject to certain statutes, regulations, and treaties.
- § 57A-9-312 Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money--Perfection by permissive filing--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 agricultural lien--Interest in proceeds.
- § 57A-9-316 Effect of change in governing law.
- § 57A-9-317 Interests that take priority over or take free of security interest or agricultural 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 from seller who bought or used them for personal or household use.
- § 57A-9-321 "Licensee in ordinary course of business"--Rights with respect to security interest--Rights of lessee in ordinary course of business.
- § 57A-9-322 Priority among conflicting security interests and agricultural liens in same collateral.
- § 57A-9-323 Dating of perfection from time of advance--Subordination of security 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 security interest 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 investment property.
- § 57A-9-329 Priority among conflicting security interests in same letter-of-credit right.
- § 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 of negotiable 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 growing crops.
- § 57A-9-335 Security interest in accession--Collateral that becomes an accession.
- § 57A-9-336 "Commingled goods"--Security interest and priority issues with respect to commingled goods.
- § 57A-9-337 Certificate of title failing to show security interest perfected under another jurisdiction's law.
- § 57A-9-338 Effect of inaccurate financing statement on security interest or agricultural lien.
- § 57A-9-339 Subordination by agreement.
- § 57A-9-340 Bank's right of recoupment or setoff against party holding security interest in deposit account.
- § 57A-9-341 Effect of security interest on bank's rights and duties with respect to deposit account.
- § 57A-9-342 Bank's right with respect to agreement giving secured party control of deposit account
- § 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 against assignee.
- § 57A-9-403.1 to 57A-9-403.5. 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 of assignment--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, health care insurance receivable, or general intangible.
- § 57A-9-409 Ineffective restrictions on assignment or creation of security interest in letter-of-credit right
- § 57A-9-501 Office for filing financing statement for security interest or agricultural lien.
- § 57A-9-501.1 Validation of noncomplying statements.
- § 57A-9-501.2 Secured party access through state's computer to record liens on real property--Rules.
- § 57A-9-502 Contents of financing statement--Record of mortgage as financing statement--Time of filing financing statement.
- § 57A-9-503 Name of debtor and secured party.
- § 57A-9-504 Sufficiency of description of collateral.
- § 57A-9-505 Filing by bailor of goods, licensor, or buyer of payment intangible or promissory 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 collateral or 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--Refusal to accept for filing--Effect.
- § 57A-9-517 Effect of incorrect indexing of record.
- § 57A-9-518 Information statement regarding 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, and addendum 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 from records 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 of rules.
- § 57A-9-525.4 Fee for crop or livestock effective finance statement microfiche master list.
- § 57A-9-526 Rules and practices for filing offices.
- § 57A-9-527 Financing statement and annual report 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
- § 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 personal property or fixtures is also secured by interest in real property.
- § 57A-9-605 Duty of secured party to unknown debtor or obligor or unknown secured party or lienholder.
- § 57A-9-606 Time of default in connection with agricultural lien.
- § 57A-9-607 Collection and enforcement by secured party.
- § 57A-9-608 Application of proceeds--Entitlement to surplus or liability for deficiency.
- § 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 party purchaser of farm products--Limitation period--Offer to file criminal complaint.
- § 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 security interest or lien--Surplus or deficiency.
- § 57A-9-616 "Explanation"--"Request"--Secured party's obligation to send explanation 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 of record or legal title.
- § 57A-9-620 Conditions for accepting collateral in full or partial satisfaction of obligation--Requirement that collateral be disposed of.
- § 57A-9-621 Persons who must receive secured party's proposal to accept collateral.
- § 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--Liability for 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
- § 57A-9-701 Effective date of chapter.
- § 57A-9-702 Effect of chapter on transactions or liens entered into or created before 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 enforceable immediately 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 filed before July 1, 2001.
- § 57A-9-707 Pre-effective-date financing statement--Amendment, continuation, termination.
- § 57A-9-708 Conditions to filing initial financing statement or continuation statement under part.
- § 57A-9-709 Determination of priority of conflicting claims to collateral--Dating priority of security interest
- § 57A-9-801 Effective date of SL 2012, ch 238.
- § 57A-9-802 Savings clause.
- § 57A-9-803 Security interest perfected before effective date.
- § 57A-9-804 Security interest unperfected before effective date.
- § 57A-9-805 Effectiveness of action taken before effective date.
- § 57A-9-806 When initial financing statement suffices to continue effectiveness of financing statement.
- § 57A-9-807 Amendment of pre-effective-date financing statement.
- § 57A-9-808 Person entitled to file initial financing statement or continuation statement.
- § 57A-9-809 Priority.
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