The following security interests are perfected when they attach: 1. A purchase-money security interest in consumer goods, except as otherwise provided in subsection 2 of section 41-09-31 with respect to consumer goods that are subject to a statute or treaty described in subsection 1 of section 41-09-31; 2. An assignment of accounts or payment intangibles which does not by itself or in conjunction with other assignments to the same assignee transfer a significant part of the assignor's outstanding accounts or payment intangibles; 3. A sale of a payment intangible; 4. A sale of a promissory note; 5. A security interest created by the assignment of a health care insurance receivable to the provider of the health care goods or services; 6. A security interest arising under section 41-02-46, section 41-02-53, subsection 3 of section 41-02-90, or subsection 5 of section 41-02.1-56, until the debtor obtains possession of the collateral; 7. A security interest of a collecting bank arising under section 41-04-22; 8. A security interest of an issuer or nominated person arising under section 41-05-18; 9. A security interest arising in the delivery of a financial asset under subsection 3 of section 41-09-16; 10. A security interest in investment property created by a broker or securities intermediary; 11. A security interest in a commodity contract or a commodity account created by a commodity intermediary; 12. An assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder; 13. A security interest created by an assignment of a beneficial interest in a decedent's estate; and
14. A sale by an individual of an account that is a right to payment of winnings in a lottery or other game of chance.
41-09-30. (9-310) When filing required to perfect security interest or agricultural lien - Security interests and agricultural liens to which filing provisions do not apply. 1. Except as otherwise provided in subsection 2 and subsection 2 of section 41-09-32, a financing statement must be filed to perfect all security interests and agricultural liens. 2. The filing of a financing statement is not necessary to perfect a security interest: a. That is perfected under subsection 4, 5, 6, or 7 of section 41-09-28; b. That is perfected under section 41-09-29 when it attaches; c. In property subject to a statute, regulation, or treaty described in subsection 1 of section 41-09-31; d. In goods in possession of a bailee which is perfected under subdivision a or b of subsection 4 of section 41-09-32; e. In certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under subsection 5, 6, or 7 of section 41-09-32; f. In collateral in the secured party's possession under section 41-09-33; g. In a certificated security which is perfected by delivery of the security certificate to the secured party under section 41-09-33; h. In controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, letter-of-credit rights, or uncertificated certificates of deposit, which is perfected by control under section 41-09-34; i. In chattel paper which is perfected by possession and control under section 41-09-34.1; j. In proceeds which is perfected under section 41-09-35; k. That is perfected under section 41-09-36; or l. In agricultural liens created by chapter 35-17, 35-30, or 35-31. 3. If a secured party assigns a perfected security interest or agricultural lien, a filing under this chapter is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
41-09-31. (9-311) Perfection of security interests in property subject to certain statutes, regulations, and treaties. 1. Except as otherwise provided in subsection 4, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to: a. A statute, regulation, or treaty of the United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt subsection 1 of section 41-09-30; b. Section 35-01-05.1; or c. A statute of another jurisdiction which provides for a security interest to be indicated on a certificate of title as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the property. 2. Compliance with the requirements of a statute, regulation, or treaty described in subsection 1 for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this chapter. Except as otherwise provided in subsection 4 and section 41-09-33 and subsections 4 and 5 of section 41-09-36 for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subsection 1 may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral. 3. Except as otherwise provided in subsection 4 and subsections 4 and 5 of section 41-09-36, duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation, or treaty
described in subsection 1 are governed by the statute, regulation, or treaty. In other respects, the security interest is subject to this chapter. 4. During any period in which collateral subject to a statute specified in subdivision b of subsection 1 is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this section does not apply to a security interest in that collateral created by that person.
41-09-32. (9-312) Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, money, and uncertificated certificates of deposit - Perfection by permissive filing - Temporary perfection without filing or transfer of possession. 1. A security interest in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, instruments, investment property, or negotiable documents may be perfected by filing. 2. Except as otherwise provided in subsections 3 and 4 of section 41-09-35 for proceeds: a. A security interest in a deposit account or an uncertificated certificate of deposit may be perfected only by control under section 41-09-34; b. Except as otherwise provided in subsection 4 of section 41-09-28, a security interest in a letter-of-credit right may be perfected only by control under section 41-09-34; c. A security interest in tangible money or a certificated certificate of deposit may be perfected only by the secured party's taking possession under section 41-09-33; and d. A security interest in electronic money may be perfected only by control under section 41-09-34. 3. While goods are in the possession of a bailee that has issued a negotiable document covering the goods: a. A security interest in the goods may be perfected by perfecting a security interest in the document; and b. A security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time. 4. While goods are in the possession of a bailee that has issued a non-negotiable document covering the goods, a security interest in the goods may be perfected by: a. Issuance of a document in the name of the secured party; b. The bailee's receipt of notification of the secured party's interest; or c. Filing as to the goods. 5. A security interest in certificated certificates of deposit, certificated securities, negotiable documents, or instruments is perfected without filing or the taking of possession or control for a period of twenty days from the time it attaches to the extent that it arises for new value given under a signed security agreement. 6. A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for twenty days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of: a. Ultimate sale or exchange; or b. Loading, unloading, storing, shipping, trans-shipping, manufacturing, processing, or otherwise dealing with them in a manner preliminary to their sale or exchange. 7. A perfected security interest in a certificated certificate of deposit, certificated security, or instrument remains perfected for twenty days without filing if the secured party delivers the security certificate, certificated certificate of deposit, or instrument to the debtor for the purpose of: a. Ultimate sale or exchange; or b. Presentation, collection, enforcement, renewal, or registration of transfer. 8. After the twenty-day period specified in subsection 5, 6, or 7 expires, perfection depends upon compliance with this chapter.
41-09-33. (9-313) When possession by or delivery to secured party perfects security interest without filing. 1. Except as otherwise provided in subsection 2, a secured party may perfect a security interest in certificated certificates of deposit, goods, instruments, negotiable tangible documents, or tangible money by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under section 41-08-27. 2. With respect to goods covered by a certificate of title issued by this state, a secured party may perfect a security interest in the goods by taking possession of the goods only in the circumstances described in subsection 4 of section 41-09-36. 3. With respect to collateral other than certificated securities and goods covered by a document, a secured party takes possession of collateral in the possession of a person other than the debtor, the secured party, or a lessee of the collateral from the debtor in the ordinary course of the debtor's business, when: a. The person in possession signs a record acknowledging that it holds possession of the collateral for the secured party's benefit; or b. The person takes possession of the collateral after having signed a record acknowledging that it will hold possession of the collateral for the secured party's benefit. 4. If perfection of a security interest depends upon possession of the collateral by a secured party, perfection occurs not earlier than the time the secured party takes possession and continues only while the secured party retains possession. 5. A security interest in a certificated security in registered form is perfected by delivery when delivery of the certificated security occurs under section 41-08-27 and remains perfected by delivery until the debtor obtains possession of the security certificate. 6. A person in possession of collateral is not required to acknowledge that it holds possession for a secured party's benefit. 7. If a person acknowledges that it holds possession for the secured party's benefit: a. The acknowledgment is effective under subsection 3 or subsection 1 of section 41-09-21, even if the acknowledgment violates the rights of a debtor; and b. Unless the person otherwise agrees or law other than this chapter otherwise provides, the person does not owe any duty to the secured party and is not required to confirm the acknowledgment to another person. 8. A secured party having possession of collateral does not relinquish possession by delivering the collateral to a person other than the debtor or a lessee of the collateral from the debtor in the ordinary course of the debtor's business if the person was instructed before the delivery or is instructed contemporaneously with the delivery: a. To hold possession of the collateral for the secured party's benefit; or b. To redeliver the collateral to the secured party. 9. A secured party does not relinquish possession, even if a delivery under subsection 8 violates the rights of a debtor. A person to which collateral is delivered under subsection 8 does not owe any duty to the secured party and is not required to confirm the delivery to another person unless the person otherwise agrees or law other than this chapter otherwise provides.