2020 South Dakota Codified Laws
Title 57A - Uniform Commercial Code
Chapter 09 - Secured Transactions
Section 57A-9-205 - Effect of debtor's right to use or dispose of collateral--Requirement of possession.
57A-9-205. Effect of debtor's right to use or dispose of collateral--Requirement of possession.
(a) A security interest is not invalid or fraudulent against creditors solely because:
(1)The debtor has the right or ability to:
(A)Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;
(B)Collect, compromise, enforce, or otherwise deal with collateral;
(C)Accept the return of collateral or make repossessions; or
(D)Use, commingle, or dispose of proceeds; or
(2)The secured party fails to require the debtor to account for proceeds or replace collateral.
(b) This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.
Source: SL 2000, ch 231.
