2020 South Dakota Codified Laws
Title 57A - Uniform Commercial Code
Chapter 09 - Secured Transactions
Section 57A-9-338 - Effect of inaccurate financing statement on security interest or agricultural lien.
57A-9-338. Effect of inaccurate financing statement on security interest or agricultural lien.
If a security interest or agricultural lien is perfected by a filed financing statement providing information described in §57A-9-516(b)(5) which is incorrect at the time the financing statement is filed:
(1)The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and
(2)A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of tangible chattel paper, tangible documents, goods, instruments, or a security certificate, receives delivery of the collateral.
Source: SL 2000, ch 231; SL 2009, ch 254, §835.
