1. If action, other than the filing of a financing statement, is taken before July 1, 2001, and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before July 1, 2001, the action is effective to perfect a security interest that attaches under this chapter by July 1, 2002. An attached security interest becomes unperfected on July 1, 2002, unless the security interest becomes a perfected security interest under this chapter before the expiration of that period. 2. The filing of a financing statement before July 1, 2001, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this chapter. 3. This chapter does not render ineffective an effective financing statement that, before July 1, 2001, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in the former section 41-09-03. However, except as otherwise provided in subsections 4 and 5 and section 41-09-128, the financing statement ceases to be effective at the earlier of: a. The time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or b. June 30, 2006. 4. The filing of a continuation statement after this chapter takes effect does not continue the effectiveness of the financing statement filed before July 1, 2001. However, upon the timely filing of a continuation statement after July 1, 2001, and in accordance with the law of the jurisdiction governing perfection as provided in part 3, the effectiveness of a financing statement filed in the same office in that jurisdiction before July 1, 2001, continues for the period provided by the law of that jurisdiction. 5. Subdivision b of subsection 3 applies to a financing statement that, before July 1, 2001, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in the former section 41-09-03 only to the extent that part 3 provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement. 6. A financing statement that includes a financing statement filed before July 1, 2001, takes effect and a continuation statement filed after July 1, 2001, is effective only to the extent that it satisfies the requirements of part 5 for an initial financing statement.
41-09-128. (9-706) When initial financing statement suffices to continue effectiveness of financing statement. 1. The filing of an initial financing statement in the office specified in section 41-09-72 continues the effectiveness of a financing statement filed before July 1, 2001, if: a. The filing of an initial financing statement in that office would be effective to perfect a security interest under this chapter; b. The pre-effective-date financing statement was filed in an office in another state or another office in this state; and c. The initial financing statement satisfies subsection 3.
2. The filing of an initial financing statement under subsection 1 continues the effectiveness of the pre-effective-date financing statement: a. If the initial financing statement is filed before July 1, 2001, for the period provided in the former section 41-09-42 with respect to a financing statement; and b. If the initial financing statement is filed after July 1, 2001, for the period provided in section 41-09-86 with respect to an initial financing statement. 3. To be effective for purposes of subsection 1, an initial financing statement must: a. Satisfy the requirements of part 5 for an initial financing statement; b. Identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and c. Indicate that the pre-effective-date financing statement remains effective.