1. The filing of a financing statement before this Act takes effect is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this chapter as amended by this Act. 2. This Act does not render ineffective an effective financing statement that, before this Act takes effect, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this chapter as it existed before amendment of this Act. However, except as otherwise provided in subsections 3 and 4 and section 41-09-136, the financing statement ceases to be effective: a. If the financing statement is filed in this state, at the time the financing statement would have ceased to be effective had this Act not taken effect; or b. If the financing statement is filed in another jurisdiction, at the earlier of: (1) The time the financing statement would have ceased to be effective under the law of that jurisdiction; or (2) June 30, 2018.
3. The filing of a continuation statement after this Act takes effect does not continue the effectiveness of the financing statement filed before this Act takes effect. However, upon the timely filing of a continuation statement after this Act takes effect, no later than is required by section 41-09-86, and in accordance with the law of the jurisdiction governing perfection as provided in this chapter as amended by this Act, the effectiveness of a financing statement filed in the same office in that jurisdiction before this Act takes effect continues for the period provided by the law of that jurisdiction. 4. Paragraph 2 of subdivision b of subsection 2 applies to a financing statement that, before this Act takes effect, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this chapter as it existed before amendment, only to the extent that this chapter as amended by this Act 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. 5. A financing statement that includes a financing statement filed before this Act takes effect and a continuation statement filed after this Act takes effect is effective only to the extent that it satisfies the requirements of sections 41-09-72 through 41-09-97 as amended by this Act for an initial financing statement. A financing statement that indicates that the debtor is a decedent's estate indicates that the collateral is being administered by a personal representative within the meaning of subdivision b of subsection 1 of section 41-09-74 as amended by this Act. A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of subdivision c of subsection 1 of section 41-09-74 as amended by this Act.
41-09-136. (9-806) 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 this Act takes effect if: a. The filing of an initial financing statement in that office would be effective to perfect a security interest under this chapter as amended by this Act; b. The pre-effective-date financing statement was filed in an office in another 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 this Act takes effect, for the period provided in unamended section 41-09-86 with respect to an initial financing statement; and b. If the initial financing statement is filed after this Act takes effect, for the period provided in section 41-09-86 as amended by this Act 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 sections 41-09-72 through 41-09-97 as amended by this Act 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.