(9-307) Location of debtor

N.D.C.C. § 41-09-27 — under Secured Transactions.

N.D.C.C. § 41-09-27

1. In this section, "place of business" means a place where a debtor conducts its affairs. 2. Except as otherwise provided in this section, the following rules determine a debtor's location: a. A debtor who is an individual is located at the individual's principal residence. b. A debtor that is an organization and has only one place of business is located at its place of business. c. A debtor that is an organization and has more than one place of business is located at its chief executive office. 3. Subsection 2 applies only if a debtor's residence, place of business, or chief executive office, as applicable, is located in a jurisdiction whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording, or registration system as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection 2 does not apply, the debtor is located in the District of Columbia. 4. A person that ceases to exist, have a residence, or have a place of business continues to be located in the jurisdiction specified by subsections 2 and 3. 5. A registered organization that is organized under the law of a state is located in that state. 6. Except as otherwise provided in subsection 9, a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a state are located: a. In the state that the law of the United States designates, if the law designates a state of location; b. In the state that the registered organization, branch, or agency designates, if the law of the United States authorizes the registered organization, branch, or agency to designate its state of location, including by designation its main office, home office, or other comparable office; or c. In the District of Columbia, if neither subdivision a nor b applies. 7. A registered organization continues to be located in the jurisdiction specified by subsection 5 or 6 notwithstanding: a. The suspension, revocation, forfeiture, or lapse of the registered organization's status as such in its jurisdiction of organization; or b. The dissolution, winding up, or cancellation of the existence of the registered organization. 8. The United States is located in the District of Columbia. 9. A branch or agency of a bank that is not organized under the law of the United States or a state is located in the state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state.

10. A foreign air carrier under the Federal Aviation Act of 1958, as amended, [Pub. L. 85-726; 72 Stat. 731] is located at the designated office of the agent upon which service of process may be made on behalf of the carrier. 11. This section applies only for purposes of this part.

41-09-28. (9-308) When security interest or agricultural lien is perfected - Continuity of perfection. 1. Except as otherwise provided in this section and section 41-09-29, a security interest is perfected if it has attached and all of the applicable requirements for perfection in sections 41-09-30 through 41-09-36 have been satisfied. A security interest is perfected when it attaches if the applicable requirements are satisfied before the security interest attaches. 2. An agricultural lien is perfected if it has become effective and all of the applicable requirements for perfection in section 41-09-30 have been satisfied. An agricultural lien is perfected when it becomes effective if the applicable requirements are satisfied before the agricultural lien becomes effective. 3. A security interest or agricultural lien is perfected continuously if it is originally perfected by one method under this chapter and is later perfected by another method under this chapter, without an intermediate period when it was unperfected. 4. Perfection of a security interest in collateral also perfects a security interest in a supporting obligation for the collateral. 5. Perfection of a security interest in a right to payment or performance also perfects a security interest in a security interest, mortgage, or other lien on personal or real property securing the right. 6. Perfection of a security interest in a securities account also perfects a security interest in the security entitlements carried in the securities account. 7. Perfection of a security interest in a commodity account also perfects a security interest in the commodity contracts carried in the commodity account.