Title 57A — UNIFORM COMMERCIAL CODE
16 chapters · 675 sections in this title.
SDCL § 57A-11-102 Preservation of old transition provision
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The provisions of Title 57A in effect on July 1, 1983 shall continue to apply to this 1982 Act and for this purpose Title 57A in effect on July 1, 1983 and this 1982 Act shall be considered one continuous statute. Source: SDCL, § 57A-11-102 , enacted by SL 1982, ch 347 , § 38; SL…
SDCL § 57A-11-103 Transition to 1983 Act--General rule
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Transactions validly entered into after the dates set by § 57A-10-101 and before July 1, 1983, and which were subject to the provisions of Title 57A and which would be subject to this 1983 Act as amended if they had been entered into after July 1, 1983 and the rights, duties and …
SDCL § 57A-11-104 Transition provision on change of requirement of filing
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A security interest for the perfection of which filing or the taking of possession was required under Title 57A and which attached prior to July 1, 1983 but was not perfected shall be deemed perfected on July 1, 1983 if this 1983 Act permits perfection without filing or authorize…
SDCL § 57A-11-105 Transition provision on change of place of filing
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(1) A financing statement or continuation statement filed prior to July 1, 1983 which shall not have lapsed prior to July 1, 1983 shall remain effective for the period provided in Title 57A, but not less than five years after the filing. (2) With respect to any collateral acquire…
SDCL § 57A-11-106 Required refilings
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(1) If a security interest is perfected or has priority when this 1983 Act takes effect as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest…
SDCL § 57A-11-107 Transition provisions as to priorities
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Except as otherwise provided in this chapter, Title 57A shall apply to any questions of priority if the positions of the parties were fixed prior to July 1, 1983. In other cases questions of priority shall be determined by this 1983 Act. Source: SDCL, § 57A-11-107 , enacted by SL…
SDCL § 57A-11-108 Presumption that rule of law continues unchanged
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Unless a change in law has clearly been made, the provisions of this 1983 Act shall be deemed declaratory of the meaning of Title 57A. Source: SDCL, § 57A-11-108 , enacted by SL 1982, ch 347 , § 38; SL 1983, ch 367 , § 7.
(4) "Value" has the meaning provided in § 57A-3-303 (a), as if references in that subsection to an "instrument" were references to a controllable account, controllable electronic record, or controllable payment intangible
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(b) The definitions in chapter 57A-9 of "account debtor," "controllable account," "controllable payment intangible," "chattel paper," "deposit account," "electronic money," and "investment property" apply to this chapter. (c) Chapter 57A-1 contains general definitions and princip…
SDCL § 57A-12-101 Short title
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This article may be cited as Uniform Commercial Code--Controllable Electronic Records. Source: SL 2024, ch 198 , § 93.
SDCL § 57A-12-103 Relation to chapter 57A-9 and consumer laws
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(a) If there is a conflict between this chapter and chapter 57A-9 , chapter 57A-9 governs. (b) A transaction subject to this chapter is subject to any applicable rule of law that establishes a different rule for consumers and to (i) title 51A and title 54 and (ii) chapter 37-23 .…
SDCL § 57A-12-104 Rights in controllable account, controllable electronic record, and controllable payment intangible
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(a) This section applies to the acquisition and purchase of rights in a controllable account or controllable payment intangible, including the rights and benefits under subsections (c), (d), (e), (g), and (h) of a purchaser and qualifying purchaser, in the same manner this sectio…
Control of controllable electronic record
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(a) A person has control of a controllable electronic record if the electronic record, a record attached to or logically associated with the electronic record, or a system in which the electronic record is recorded: (1) Gives the person: (A) Power to avail itself of substantially…
SDCL § 57A-12-106 Discharge of account debtor on controllable account or controllable payment intangible
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(a) An account debtor on a controllable account or controllable payment intangible may discharge its obligation by paying: (1) The person having control of the controllable electronic record that evidences the controllable account or controllable payment intangible; or (2) Except…
Governing law
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(a) Except as provided in subsection (b), the local law of a controllable electronic record's jurisdiction governs a matter covered by this chapter. (b) For a controllable electronic record that evidences a controllable account or controllable payment intangible, the local law of…
SDCL 57A-12-102
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"Controllable payment intangible." §
SDCL § 57A-13-101 Short title
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This chapter may be cited as Transitional Provisions for Uniform Commercial Code Amendments (2022). Source: SL 2024, ch 198 , § 101.
SDCL § 57A-13-102 Definitions
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(a) In this chapter: (1) "Adjustment date" means July 1, 2025, or the date that is one year after July 1, 2024, whichever is later. (2) "Article 12" means Article 12 of the Uniform Commercial Code as adopted under chapter 57A-12 . (3) "Article 12 property" means a controllable ac…
SDCL § 57A-13-201 Saving clause
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Except as provided in Part 3, a transaction validly entered into before July 1, 2024, and the rights, duties, and interests flowing from the transaction remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by law other than t…
SDCL § 57A-13-301 Saving clause application
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(a) Except as provided in this section, chapter 57A-9 as amended by SL 2024, ch 198 and chapter 57A-12 , apply to a transaction, lien, or other interest in property, even if the transaction, lien, or interest was entered into, created, or acquired before July 1, 2024. (b) Except …
SDCL § 57A-13-302 Security interest perfected before effective date
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(a) A security interest that is enforceable and perfected immediately before July 1, 2024, is a perfected security interest under SL 2024, ch 198 if, on July 1, 2024, the requirements for enforceability and perfection under SL 2024, ch 198 are satisfied without further action. (b…
SDCL § 57A-13-303 Security interest unperfected before effective date
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A security interest that is enforceable immediately before July 1, 2024, but is unperfected at that time: (1) Remains an enforceable security interest until the adjustment date; (2) Remains enforceable thereafter if the security interest become enforceable under § 57A-9-203 , as …
SDCL § 57A-13-304 Effectiveness of actions taken before effective date
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(a) If action, other than the filing of a financing statement, is taken before July 1, 2024, and the action would have resulted in perfection of the security interest had the security interest become enforceable before July 1, 2024, the action is effective to perfect a security i…
SDCL § 57A-13-305 Priority
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(a) Subject to subsections (b) and (c), SL 2024, ch 198 determines the priority of conflicting claims to collateral. (b) Subject to subsection (c), if the priorities of claims to collateral were established before July 1, 2024, chapter 57A-9 as in effect before July 1, 2024, dete…
SDCL § 57A-13-306 Priority of claims when priority rules of chapter 57A-9 do not apply
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(a) Subject to subsection (b) and (c), chapter 57A-12 determines the priority of conflicting claims to Article 12 property when the priority rules of chapter 57A-9 as amended by SL 2024, ch 198 do not apply. (b) Subject to subsection (c), when the priority rules of chapter 57A-9 …
SDCL 57A-9-102
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"Controllable electronic record." §