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South Dakota Codified Laws
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Secured Transactions
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Section
57A-9-101
Short title.
Section
57A-9-102
Definitions and index of definitions.
Section
57A-9-103
Purchase money security interest--Application of payments--Burden of establishing nature of interest.
Section
57A-9-104
Control of deposit account.
Section
57A-9-105
Control of electronic chattel paper.
Section
57A-9-106
Control of security, security settlement, or commodity contract.
Section
57A-9-107
Control of letter-of-credit right.
Section
57A-9-108
Sufficiency of description of property.
Section
57A-9-109
Application of chapter.
Section
57A-9-110
Provisions governing security interests arising under other sections.
Section
57A-9-111
57A-9-111.Repealed by SL 1993, ch 356, §1
Section
57A-9-201
Effectiveness of security interest in general--Applicability of other laws--Conflict of law.
Section
57A-9-202
Immateriality of title to collateral.
Section
57A-9-203
Attachment and enforceability of security interest--Proceeds--Supporting obligations--Formal requisites
Section
57A-9-204
Interest in after-acquired collateral.
Section
57A-9-204.1
Attachment of security interest in transactions entered into between June 30, 1978, and July 1, 1979.
Section
57A-9-205
Effect of debtor's right to use or dispose of collateral--Requirement of possession.
Section
57A-9-206
Interest in favor of securities intermediary--Interest in favor of person who delivers financial asset.
Section
57A-9-207
Rights and duties of secured party having possession or control of collateral.
Section
57A-9-208
Additional duties of secured party having control of collateral.
Section
57A-9-209
Secured party's obligation to release account debtor that has received note of assignment.
Section
57A-9-210
Response to request for accounting, statement of account, or list of collateral.
Section
57A-9-301
Law governing perfection, effect of perfection or nonperfection, and priority.
Section
57A-9-302
Law governing perfection and priority issues relating to farm products.
Section
57A-9-303
Law governing perfection and priority issues relating to goods covered by a certificate of title.
Section
57A-9-304
Law governing perfection and priority issues relating to deposit accounts--Determination of bank's jurisdiction.
Section
57A-9-305
Law governing perfection and priority issues relating to investment property--Determination of commodity intermediary's jurisdiction.
Section
57A-9-306
Law governing issues of perfection and priority relating to letter-of-credit rights.
Section
57A-9-307
Location of debtor.
Section
57A-9-308
What constitutes perfection of security interest or agricultural lien.
Section
57A-9-309
Security interests that are perfected when they attach.
Section
57A-9-310
Requirement that financing statement be filed to perfect security interest or agricultural lien--Exceptions.
Section
57A-9-311
Perfection of security interests in property subject to certain statutes, regulations, and treaties.
Section
57A-9-312
Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money--Perfection by permissive filing--Temporary perfection.
Section
57A-9-313
Perfection by taking possession of collateral or by delivery.
Section
57A-9-314
Perfection by control of collateral.
Section
57A-9-315
Effect of disposition of collateral on security interest or agricultural lien--Interest in proceeds.
Section
57A-9-316
Effect of change in governing law.
Section
57A-9-317
Interests that take priority over or take free of security interest or agricultural lien.
Section
57A-9-318
Effect of sale of collateral on rights of debtor.
Section
57A-9-319
Rights of consignee in relation to creditors and purchasers.
Section
57A-9-320
Rights of buyer in ordinary course of business--Buyer of goods from seller who bought or used them for personal or household use.
Section
57A-9-321
"Licensee in ordinary course of business"--Rights with respect to security interest--Rights of lessee in ordinary course of business.
Section
57A-9-322
Priority among conflicting security interests and agricultural liens in same collateral.
Section
57A-9-323
Dating of perfection from time of advance--Subordination of security interest to interest of lien creditor--Rights of buyer of goods--Lessee of goods.
Section
57A-9-324
Priority of perfected purchase money security interest.
Section
57A-9-325
Subordination of security interest created by debtor to security interest created by another person.
Section
57A-9-326
Subordination of security interest created by new debtor.
Section
57A-9-327
Priority among conflicting security interests in same deposit account.
Section
57A-9-328
Priority among conflicting security interests in same investment property.
Section
57A-9-329
Priority among conflicting security interests in same letter-of-credit right.
Section
57A-9-330
Priority of rights of purchaser of chattel paper--Priority in proceeds.
Section
57A-9-331
Rights of holder in due course of negotiable instrument, holder of negotiable document of title, or protected purchaser of security--Rights of person protected under chapter 57A-8.
Section
57A-9-332
Transferee of money or funds from deposit account.
Section
57A-9-333
"Possessory lien"--Priority over security interest.
Section
57A-9-334
Security interest in fixtures--Priority--Security interest in growing crops.
Section
57A-9-335
Security interest in accession--Collateral that becomes an accession.
Section
57A-9-336
"Commingled goods"--Security interest and priority issues with respect to commingled goods.
Section
57A-9-337
Certificate of title failing to show security interest perfected under another jurisdiction's law.
Section
57A-9-338
Effect of inaccurate financing statement on security interest or agricultural lien.
Section
57A-9-339
Subordination by agreement.
Section
57A-9-340
Bank's right of recoupment or setoff against party holding security interest in deposit account.
Section
57A-9-341
Effect of security interest on bank's rights and duties with respect to deposit account.
Section
57A-9-342
Bank's right with respect to agreement giving secured party control of deposit account.
Section
57A-9-401
Transferability of debtor's rights.
Section
57A-9-401.1
57A-9-401.1.Repealed by SL 1980, ch 346, §7
Section
57A-9-402
Secured party's liability for debtor's acts or omissions.
Section
57A-9-403
"Value"--Agreement not to assert claims or defenses against assignee.
Section
57A-9-403.1
57A-9-403.1 to 57A-9-403.5.Repealed by SL 1982, ch 347, §§39 to 43
Section
57A-9-404
Claims and defenses assertable against assignee.
Section
57A-9-405
Effect of modification or substitution of assigned contract.
Section
57A-9-406
Discharge of account debtor--Notice of assignment--Proof of assignment--Ineffective prohibitions or restrictions on assignments.
Section
57A-9-407
Ineffective prohibitions or restrictions in lease agreement.
Section
57A-9-408
Restrictions on assignment or transfer of promissory note, health care insurance receivable, or general intangible.
Section
57A-9-409
Ineffective restrictions on assignment or creation of security interest in letter-of-credit right.
Section
57A-9-501
Office for filing financing statement for security interest or agricultural lien.
Section
57A-9-501.1
Validation of noncomplying statements.
Section
57A-9-501.2
Secured party access through state's computer to record liens on real property--Rules.
Section
57A-9-502
Contents of financing statement--Record of mortgage as financing statement--Time of filing financing statement.
Section
57A-9-503
Name of debtor and secured party.
Section
57A-9-504
Sufficiency of description of collateral.
Section
57A-9-505
Filing by bailor of goods, licensor, or buyer of payment intangible or promissory note.
Section
57A-9-506
Substantial compliance with requirements.
Section
57A-9-507
Continuing effectiveness of filed financing statement.
Section
57A-9-508
Effect of new debtor's rights in collateral.
Section
57A-9-509
Authority to file financing statement or amendment adding collateral or debtor.
Section
57A-9-510
Effectiveness of filed record.
Section
57A-9-511
Person constituting secured party of record.
Section
57A-9-512
Procedure for amending financing statement--Effectiveness.
Section
57A-9-513
Termination statement.
Section
57A-9-514
Assignment of secured party's power to authorize amendment--Assignment of record of security's interest in fixture.
Section
57A-9-515
Effective period for filed financing statement--Effect of lapse.
Section
57A-9-516
What constitutes filing--Refusal to accept for filing--Effect.
Section
57A-9-517
Effect of incorrect indexing of record.
Section
57A-9-518
Information statement regarding record.
Section
57A-9-519
Duties of filing office in dealing with records.
Section
57A-9-520
Refusal by filing office to accept record.
Section
57A-9-521
Forms for financing statement, amendment to statement, and addendum for either.
Section
57A-9-522
Required retention of information from financing statement--Destruction of written record.
Section
57A-9-523
Acknowledgment of filing--Information to be communicated from records on request--Sale or licensing of records.
Section
57A-9-524
Excuses for filing office failure to meet time limits.
Section
57A-9-525
Fees for filing and indexing records.
Section
57A-9-525.1
Effect of filing with register of deeds prior to July 1, 1986--Continuation or amendment thereof.
Section
57A-9-525.2
Central filing system--Promulgation of regulations.
Section
57A-9-525.3
Central agricultural security interest filing system--Adoption of rules.
Section
57A-9-525.4
Fee for crop or livestock effective finance statement microfiche master list.
Section
57A-9-526
Rules and practices for filing offices.
Section
57A-9-527
Financing statement and annual report filing fee fund.
Section
57A-9-528
Fees deposited in filing fee fund.
Section
57A-9-529
Disposition of balance of funds.
Section
57A-9-530
Combined financing statement for farm products.
Section
57A-9-601
Rights of secured party after default--Rights of debtor and obligor--Relation back of judgment lien.
Section
57A-9-602
Waiver or variance of rules by debtor or obligor.
Section
57A-9-603
Agreement on standards for fulfilling rights and duties.
Section
57A-9-604
Procedure if obligation secured by security interest in personal property or fixtures is also secured by interest in real property.
Section
57A-9-605
Duty of secured party to unknown debtor or obligor or unknown secured party or lienholder.
Section
57A-9-606
Time of default in connection with agricultural lien.
Section
57A-9-607
Collection and enforcement by secured party.
Section
57A-9-608
Application of proceeds--Entitlement to surplus or liability for deficiency.
Section
57A-9-609
Secured party's rights with respect to collateral following default.
Section
57A-9-609.1
Action for recovery of security by creditor against third party purchaser of farm products--Limitation period--Offer to file criminal complaint.
Section
57A-9-609.2
Farm products fraud--Misdemeanor.
Section
57A-9-610
Disposition of collateral after default--Treatment of warranties.
Section
57A-9-611
"Notification date"--Notification of disposition of collateral.
Section
57A-9-612
Reasonable time for sending notification.
Section
57A-9-613
Contents of notification--Form.
Section
57A-9-614
Notice of disposition for consumer goods transaction--Form.
Section
57A-9-615
Order of payment of cash proceeds--Proof of subordinate security interest or lien--Surplus or deficiency.
Section
57A-9-616
"Explanation"--"Request"--Secured party's obligation to send explanation relating to surplus or deficiency.
Section
57A-9-617
Rights of transferee of collateral disposed of after default.
Section
57A-9-618
Rights and duties of secondary obligor.
Section
57A-9-619
"Transfer statement"--Rights of transferee--Effect of transfer of record or legal title.
Section
57A-9-620
Conditions for accepting collateral in full or partial satisfaction of obligation--Requirement that collateral be disposed of.
Section
57A-9-621
Persons who must receive secured party's proposal to accept collateral.
Section
57A-9-622
Effect of acceptance of collateral.
Section
57A-9-623
Persons who may redeem collateral--Procedure.
Section
57A-9-624
Waiver of rights.
Section
57A-9-625
Sanctions for failure to proceed in accordance with chapter--Liability for damages.
Section
57A-9-626
Action in which amount of deficiency or surplus is in issue.
Section
57A-9-627
What constitutes commercially reasonable collection, enforcement, disposition, or acceptance.
Section
57A-9-628
Limitations on liability of secured party.
Section
57A-9-701
Effective date of chapter.
Section
57A-9-702
Effect of chapter on transactions or liens entered into or created before July 1, 2001--Effect on actions, cases, or proceedings.
Section
57A-9-703
Effect of division on security interests enforceable before July 1, 2001.
Section
57A-9-704
Enforceability and perfection of security interest enforceable immediately prior to July 1, 2001, and subordinate to lien creditor.
Section
57A-9-705
Effect of certain actions prior to July 1, 2001.
Section
57A-9-706
Conditions to continuing effectiveness of financing statement filed before July 1, 2001.
Section
57A-9-707
Pre-effective-date financing statement--Amendment, continuation, termination.
Section
57A-9-708
Conditions to filing initial financing statement or continuation statement under part.
Section
57A-9-709
Determination of priority of conflicting claims to collateral--Dating priority of security interest.
Section
57A-9-801
Effective date of SL 2012, ch 238.
Section
57A-9-802
Savings clause.
Section
57A-9-803
Security interest perfected before effective date.
Section
57A-9-804
Security interest unperfected before effective date.
Section
57A-9-805
Effectiveness of action taken before effective date.
Section
57A-9-806
When initial financing statement suffices to continue effectiveness of financing statement.
Section
57A-9-807
Amendment of pre-effective-date financing statement.
Section
57A-9-808
Person entitled to file initial financing statement or continuation statement.
Section
57A-9-809
Priority.