reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-209 - Secured party's obligation to release account debtor that has received note of assignment.

57A-9-209. Secured party's obligation to release account debtor that has received note of assignment.
(a) Except as otherwise provided in subsection (c), this section applies if:
(1)There is no outstanding secured obligation; and
(2)The secured party is not committed to make advances, incur obligations, or otherwise give value.
(b) Within 10 days after receiving an authenticated demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to the secured party as assignee under §57A-9-406(a) an authenticated record that releases the account debtor from any further obligation to the secured party.
(c) This section does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-301 - Law governing perfection, effect of perfection or nonperfection, and priority.

57A-9-301. Law governing perfection, effect of perfection or nonperfection, and priority.
Except as otherwise provided in §§57A-9-303 through 57A-9-306, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:
(1)Except as otherwise provided in this section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral.
(2)While collateral is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory security interest in that collateral.
(3)Except as otherwise provided in paragraph (4), while tangible negotiable documents, goods, instruments, money, or tangible chattel paper is located in a jurisdiction, the local law of that jurisdiction governs:
(A)Perfection of a security interest in the goods by filing a fixture filing;
(B)Perfection of a security interest in timber to be cut; and
(C)The effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral.
(4)The local law of the jurisdiction in which the wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral.
Source:
SL 2000, ch 231; SL 2009, ch 254, §829.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-302 - Law governing perfection and priority issues relating to farm products.

57A-9-302. Law governing perfection and priority issues relating to farm products.
While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-303 - Law governing perfection and priority issues relating to goods covered by a certificate of title.

57A-9-303. Law governing perfection and priority issues relating to goods covered by a certificate of title.
(a) This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor.
(b) Goods become covered by a certificate of title when a valid application for the certificate of title and the applicable fee are delivered to the appropriate authority. Goods cease to be covered by a certificate of title at the earlier of the time the certificate of title ceases to be effective under the law of the issuing jurisdiction or the time the goods become covered subsequently by a certificate of title issued by another jurisdiction.
(c) The local law of the jurisdiction under whose certificate of title the goods are covered governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in goods covered by a certificate of title from the time the goods become covered by the certificate of title until the goods cease to be covered by the certificate of title.
(d) A security interest in a snowmobile which attached prior to July 1, 1991, may be perfected by notation on the certificate of title under chapter 32-3 or in accordance with the provisions of chapter 57A-9.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-304 - Law governing perfection and priority issues relating to deposit accounts--Determination of bank's jurisdiction.

57A-9-304. Law governing perfection and priority issues relating to deposit accounts--Determination of bank's jurisdiction.
(a) The local law of a bank's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that bank.
(b) The following rules determine a bank's jurisdiction for purposes of this part:
(1)If an agreement between the bank and the debtor governing the deposit account expressly provides that a particular jurisdiction is the bank's jurisdiction for purposes of this part, this chapter, or the Uniform Commercial Code, that jurisdiction is the bank's jurisdiction.
(2)If paragraph (1) does not apply and an agreement between the bank and its customer governing the deposit account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the bank's jurisdiction.
(3)If neither paragraph (1) nor paragraph (2) applies and an agreement between the bank and its customer governing the deposit account expressly provides that the deposit account is maintained at an office in a particular jurisdiction, that jurisdiction is the bank's jurisdiction.
(4)If none of the preceding paragraphs applies, the bank's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the customer's account is located.
(5)If none of the preceding paragraphs applies, the bank's jurisdiction is the jurisdiction in which the chief executive office of the bank is located.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-306 - Law governing issues of perfection and priority relating to letter-of-credit rights.

57A-9-306. Law governing issues of perfection and priority relating to letter-of-credit rights.
(a) Subject to subsection (c), the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a letter-of-credit right if the issuer's jurisdiction or nominated person's jurisdiction is a state.
(b) For purposes of this part, an issuer's jurisdiction or nominated person's jurisdiction is the jurisdiction whose law governs the liability of the issuer or nominated person with respect to the letter-of-credit right as provided in §57A-5-116.
(c) This section does not apply to a security interest that is perfected only under §57A-9-308(d).
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-308 - What constitutes perfection of security interest or agricultural lien.

57A-9-308. What constitutes perfection of security interest or agricultural lien.
(a) Except as otherwise provided in this section and §57A-9-309, a security interest is perfected if it has attached and all of the applicable requirements for perfection in §§57A-9-310 through 57A-9-316 have been satisfied. A security interest is perfected when it attaches if the applicable requirements are satisfied before the security interest attaches.
(b) An agricultural lien is perfected if it has become effective and all of the applicable requirements for perfection in §57A-9-310 have been satisfied. An agricultural lien is perfected when it becomes effective if the applicable requirements are satisfied before the agricultural lien becomes effective.
(c) A security interest or agricultural lien is perfected continuously if it is originally perfected by one method under this article and is later perfected by another method under this article, without an intermediate period when it was unperfected.
(d) Perfection of a security interest in collateral also perfects a security interest in a supporting obligation for the collateral.
(e) 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. Any statute conflicting with this subsection is expressly subject to this subsection.
(f) Perfection of a security interest in a securities account also perfects a security interest in the security entitlements carried in the securities account.
(g) Perfection of a security interest in a commodity account also perfects a security interest in the commodity contracts carried in the commodity account.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-309 - Security interests that are perfected when they attach.

57A-9-309. Security interests that are perfected when they attach.
The following security interests are perfected when they attach:
(1)A purchase-money security interest in consumer goods, except as otherwise provided in §57A-9-311(b) with respect to consumer goods that are subject to a statute or treaty described in §57A-9-311(a);
(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 §57A-2-401, 57A-2-505, 57A-2-711(3), or 57A-2A-508(5), until the debtor obtains possession of the collateral;
(7)A security interest of a collecting bank arising under §57A-4-210;
(8)A security interest of an issuer or nominated person arising under §57A-5-118;
(9)A security interest arising in the delivery of a financial asset under §57A-9-206(c);
(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; and
(13)A security interest created by an assignment of a beneficial interest in a decedent's estate.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-310 - Requirement that financing statement be filed to perfect security interest or agricultural lien--Exceptions.

57A-9-310. Requirement that financing statement be filed to perfect security interest or agricultural lien--Exceptions.
(a) Except as otherwise provided in subsection (b) and §57A-9-312(b), a financing statement must be filed to perfect all security interests and agricultural liens.
(b) The filing of a financing statement is not necessary to perfect a security interest:
(1)That is perfected under §57A-9-308(d), (e), (f), or (g);
(2)That is perfected under §57A-9-309 when it attaches;
(3)In property subject to a statute, regulation, or treaty described in §57A-9-311(a);
(4)In goods in possession of a bailee which is perfected under §57A-9-312(d)(1) or (2);
(5)In certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under §57A-9-312(e), (f), or (g);
(6)In collateral in the secured party's possession under §57A-9-313;
(7)In a certificated security which is perfected by delivery of the security certificate to the secured party under §57A-9-313;
(8)In deposit accounts, electronic chattel paper, investment property, or letter-of-credit rights which is perfected by control under §57A-9-314;
(9)In proceeds which is perfected under §57A-9-315;
(10)That is perfected under §57A-9-316; or
(11)Subject to §§49-34-11 to 49-34-11.4, inclusive.
(c) 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.
Source:
SL 2000, ch 231; SL 2009, ch 254, §830.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-311 - Perfection of security interests in property subject to certain statutes, regulations, and treaties.

57A-9-311. Perfection of security interests in property subject to certain statutes, regulations, and treaties.
(a) Except as otherwise provided in subsection (d), the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:
(1)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 §57A-9-310(a);
(2)A certificate-of-title statute of this state under the law of which indication of a security interest on the certificate of title is required as a condition of perfection; or
(3)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.
(b) Compliance with the requirements of a statute, regulation, or treaty described in subsection (a) for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this article. Except as otherwise provided in subsection (d) and §§57A-9-313 and 57A-9-316(d) and (e) for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subsection (a) 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.
(c) Except as otherwise provided in subsection (d) and §57A-9-316(d) and (e), 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 (a) are governed by the statute, regulation, or treaty. In other respects, the security interest is subject to this article.
(d) During any period in which collateral subject to a statute specified in subsection (a)(2) 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.
Source:
SL 2000, ch 231; SL 2012, ch 238, §4, eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-314 - Perfection by control of collateral.

57A-9-314. Perfection by control of collateral.
(a) A security interest in investment property, deposit accounts, letter-of-credit rights, electronic chattel paper, or electronic documents may be perfected by control of the collateral under §57A-9-104, 57A-9-105, 57A-9-106, 57A-9-107, or 57A-7-106.
(b) A security interest in deposit accounts, electronic chattel paper, letter-of-credit rights, or electronic documents is perfected by control under §57A-9-104, 57A-9-105, 57A-9-107, or 57A-7-206 when the secured party obtains control and remains perfected by control only while the secured party retains control.
(c) A security interest in investment property is perfected by control under §57A-9-106 from the time the secured party obtains control and remains perfected by control until:
(1)The secured party does not have control; and
(2)One of the following occurs:
(A)If the collateral is a certificated security, the debtor has or acquires possession of the security certificate;
(B)If the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or
(C)If the collateral is a security entitlement, the debtor is or becomes the entitlement holder.
Source:
SL 2000, ch 231; SL 2009, ch 254, §833.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-315 - Effect of disposition of collateral on security interest or agricultural lien--Interest in proceeds.

57A-9-315. Effect of disposition of collateral on security interest or agricultural lien--Interest in proceeds.
(a) Except as otherwise provided in this chapter and in §57A-2-403(2):
(1)A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and
(2)A security interest attaches to any identifiable proceeds of collateral.
(b) Proceeds that are commingled with other property are identifiable proceeds:
(1)If the proceeds are goods, to the extent provided by §57A-9-336; and
(2)If the proceeds are not goods, to the extent that the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this chapter with respect to commingled property of the type involved.
(c) A security interest in proceeds is a perfected security interest if the security interest in the original collateral was perfected.
(d) A perfected security interest in proceeds becomes unperfected on the twenty-first day after the security interest attaches to the proceeds unless:
(1)The following conditions are satisfied:
(A)A filed financing statement covers the original collateral;
(B)The proceeds are collateral in which a security interest may be perfected by filing in the office in which the financing statement has been filed; and
(C)The proceeds are not acquired with cash proceeds;
(2)The proceeds are identifiable cash proceeds; or
(3)The security interest in the proceeds is perfected other than under subsection (c) when the security interest attaches to the proceeds or within twenty days thereafter.
(e) If a filed financing statement covers the original collateral, a security interest in proceeds which remains perfected under subsection (d)(1) becomes unperfected at the later of:
(1)When the effectiveness of the filed financing statement lapses under §57A-9-515 or is terminated under §57A-9-513; or
(2)The twenty-first day after the security interest attaches to the proceeds.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-317 - Interests that take priority over or take free of security interest or agricultural lien.

57A-9-317. Interests that take priority over or take free of security interest or agricultural lien.
(a) A security interest or agricultural lien is subordinate to the rights of:
(1)A person entitled to priority under §57A-9-322; and
(2)Except as otherwise provided in subsection (e), a person that becomes a lien creditor before the earlier of the time:
(A)The security interest or agricultural lien is perfected; or
(B)One of the conditions specified in §57A-9-203(b)(3) is met and a financing statement covering the collateral is filed.
(b) Except as otherwise provided in subsection (e), a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a certified security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
(c) Except as otherwise provided in subsection (e), a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
(d) A licensee of a general intangible or a buyer, other than a secured party, of collateral other than tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.
(e) Except as otherwise provided in §57A-9-320 and 57A-9-321, if a person files a financing statement with respect to a purchase-money security interest before or within 20 days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches and the time of filing.
Source:
SL 2000, ch 231; SL 2009, ch 254, §834; SL 2012, ch 238, §6, eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-318 - Effect of sale of collateral on rights of debtor.

57A-9-318. Effect of sale of collateral on rights of debtor.
(a) A debtor that has sold an account, chattel paper, payment intangible, or promissory note does not retain a legal or equitable interest in the collateral sold.
(b) For purposes of determining the rights of creditors of, and purchasers for value of an account or chattel paper from, a debtor that has sold an account or chattel paper, while the buyer's security interest is unperfected, the debtor is deemed to have rights and title to the account or chattel paper identical to those the debtor sold.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-319 - Rights of consignee in relation to creditors and purchasers.

57A-9-319. Rights of consignee in relation to creditors and purchasers.
(a) Except as otherwise provided in subsection (b), for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title to the goods identical to those the consignor had or had power to transfer.
(b) For purposes of determining the rights of a creditor of a consignee, law other than this chapter determines the rights and title of a consignee while goods are in the consignee's possession if, under this part, a perfected security interest held by the consignor would have priority over the rights of the creditor.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › 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.

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.
(a) Except as otherwise provided in subsection (e), a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer's seller, even if the security interest is perfected and the buyer knows of its existence.
(b) Except as otherwise provided in subsection (e), a buyer of goods from a person who used or bought the goods for use primarily for personal, family, or household purposes takes free of a security interest, even if perfected, if the buyer buys:
(1)Without knowledge of the security interest;
(2)For value;
(3)Primarily for the buyer's personal, family, or household purposes; and
(4)Before the filing of a financing statement covering the goods.
(c) To the extent that it affects the priority of a security interest over a buyer of goods under subsection (b), the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by §57A-9-316(a) and (b).
(d) A buyer in ordinary course of business buying oil, gas, or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance.
(e) Subsections (a) and (b) do not affect a security interest in goods in the possession of the secured party under §57A-9-313.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-321 - "Licensee in ordinary course of business"--Rights with respect to security interest--Rights of lessee in ordinary course of business.

57A-9-321."Licensee in ordinary course of business"--Rights with respect to security interest--Rights of lessee in ordinary course of business.
(a) In this section, "licensee in ordinary course of business" means a person that becomes a licensee of a general intangible in good faith, without knowledge that the license violates the rights of another person in the general intangible, and in the ordinary course from a person in the business of licensing general intangibles of that kind. A person becomes a licensee in the ordinary course if the license to the person comports with the usual or customary practices in the kind of business in which the licensor is engaged or with the licensor's own usual or customary practices.
(b) A licensee in ordinary course of business takes its rights under a nonexclusive license free of a security interest in the general intangible created by the licensor, even if the security interest is perfected and the licensee knows of its existence.
(c) A lessee in ordinary course of business takes its leasehold interest free of a security interest in the goods created by the lessor, even if the security interest is perfected and the lessee knows of its existence.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › 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.

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.
(a) Except as otherwise provided in subsection (c), for purposes of determining the priority of a perfected security interest under §57A-9-322(a)(1), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:
(1)Is made while the security interest is perfected only:
(A)Under §57A-9-309 when it attaches; or
(B)Temporarily under §57A-9-312(e), (f), or (g); and
(2)Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under §57A-9-309 or 57A-9-312(e), (f), or (g).
(b) Except as otherwise provided in subsection (c), a security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than forty-five days after the person becomes a lien creditor unless the advance is made:
(1)Without knowledge of the lien; or
(2)Pursuant to a commitment entered into without knowledge of the lien.
(c) Subsections (a) and (b) do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.
(d) Except as otherwise provided in subsection (e), a buyer of goods other than a buyer in ordinary course of business takes free of a security interest to the extent that it secures advances made after the earlier of:
(1)The time the secured party acquires knowledge of the buyer's purchase; or
(2)Forty-five days after the purchase.
(e) Subsection (d) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer's purchase and before the expiration of the forty-five-day period.
(f) Except as otherwise provided in subsection (g), a lessee of goods, other than a lessee in ordinary course of business, takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of:
(1)The time the secured party acquires knowledge of the lease; or
(2)Forty-five days after the lease contract becomes enforceable.
(g) Subsection (f) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the forty-five-day period.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-325 - Subordination of security interest created by debtor to security interest created by another person.

57A-9-325. Subordination of security interest created by debtor to security interest created by another person.
(a) Except as otherwise provided in subsection (b), a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:
(1)The debtor acquired the collateral subject to the security interest created by the other person;
(2)The security interest created by the other person was perfected when the debtor acquired the collateral; and
(3)There is no period thereafter when the security interest is unperfected.
(b) Subsection (a) subordinates a security interest only if the security interest:
(1)Otherwise would have priority solely under §57A-9-322(a) or 57A-9-324; or
(2)Arose solely under §57A-2-711(3) or 57A-2A-508(5).
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-326 - Subordination of security interest created by new debtor.

57A-9-326. Subordination of security interest created by new debtor.
(a) Subject to subsection (b), a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected by a filed financing statement that would be ineffective to perfect the security interest but for the application of §57A-9-508 or §§57A-9-508 and 57A-9-316(i)(1) is subordinate to a security interest in the same collateral which is perfected other than by a filed financing statement that is effective solely under §57A-9-508.
(b) The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements described in subsection (a). However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor's having become bound.
Source:
SL 2000, ch 231; SL 2012, ch 238, §7, eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-327 - Priority among conflicting security interests in same deposit account.

57A-9-327. Priority among conflicting security interests in same deposit account.
The following rules govern priority among conflicting security interests in the same deposit account:
(1)A security interest held by a secured party having control of the deposit account under §57A-9-104 has priority over a conflicting security interest held by a secured party that does not have control.
(2)Except as otherwise provided in paragraphs (3) and (4), security interests perfected by control under §57A-9-314 rank according to priority in time of obtaining control.
(3)Except as otherwise provided in paragraph (4), a security interest held by the bank with which the deposit account is maintained has priority over a conflicting security interest held by another secured party.
(4)A security interest perfected by control under §57A-9-104(a)(3) has priority over a security interest held by the bank with which the deposit account is maintained.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-328 - Priority among conflicting security interests in same investment property.

57A-9-328. Priority among conflicting security interests in same investment property.
The following rules govern priority among conflicting security interests in the same investment property:
(1)A security interest held by a secured party having control of investment property under §57A-9-106 has priority over a security interest held by a secured party that does not have control of the investment property.
(2)Except as otherwise provided in paragraphs (3) and (4), conflicting security interests held by secured parties each of which has control under §57A-9-106 rank according to priority in time of:
(A)If the collateral is a security, obtaining control;
(B)If the collateral is a security entitlement carried in a securities account and:
(i)If the secured party obtained control under §57A-8-106(d)(1), the secured party's becoming the person for which the securities account is maintained;
(ii)If the secured party obtained control under §57A-8-106(d)(2), the securities intermediary's agreement to comply with the secured party's entitlement orders with respect to security entitlements carried or to be carried in the securities account; or
(iii)If the secured party obtained control through another person under §57A-8-106(d)(3), the time on which priority would be based under this paragraph if the other person were the secured party; or
(C)If the collateral is a commodity contract carried with a commodity intermediary, the satisfaction of the requirement for control specified in §57A-9-106(b)(2) with respect to commodity contracts carried or to be carried with the commodity intermediary.
(3)A security interest held by a securities intermediary in a security entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party.
(4)A security interest held by a commodity intermediary in a commodity contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party.
(5)A security interest in a certificated security in registered form which is perfected by taking delivery under §57A-9-313(a) and not by control under §57A-9-314 has priority over a conflicting security interest perfected by a method other than control.
(6)Conflicting security interests created by a broker, securities intermediary, or commodity intermediary which are perfected without control under §57A-9-106 rank equally.
(7)In all other cases, priority among conflicting security interests in investment property is governed by §§57A-9-322 and 57A-9-323.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-329 - Priority among conflicting security interests in same letter-of-credit right.

57A-9-329. Priority among conflicting security interests in same letter-of-credit right.
The following rules govern priority among conflicting security interests in the same letter-of-credit right:
(1)A security interest held by a secured party having control of the letter-of-credit right under §57A-9-107 has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control.
(2)Security interests perfected by control under §57A-9-314 rank according to priority in time of obtaining control.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-330 - Priority of rights of purchaser of chattel paper--Priority in proceeds.

57A-9-330. Priority of rights of purchaser of chattel paper--Priority in proceeds.
(a) A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if:
(1)In good faith and in the ordinary course of the purchaser's business, the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under §57A-9-105; and
(2)The chattel paper does not indicate that it has been assigned to an identified assignee other than the purchaser.
(b) A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed other than merely as proceeds of inventory subject to a security interest if the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under §57A-9-105 in good faith, in the ordinary course of the purchaser's business, and without knowledge that the purchase violates the rights of the secured party.
(c) Except as otherwise provided in §57A-9-327, a purchaser having priority in chattel paper under subsection (a) or (b) also has priority in proceeds of the chattel paper to the extent that:
(1)Section 57A-9-322 provides for priority in the proceeds; or
(2)The proceeds consist of the specific goods covered by the chattel paper or cash proceeds of the specific goods, even if the purchaser's security interest in the proceeds is unperfected.
(d) Except as otherwise provided in §57A-9-331(a), a purchaser of an instrument has priority over a security interest in the instrument perfected by a method other than possession if the purchaser gives value and takes possession of the instrument in good faith and without knowledge that the purchase violates the rights of the secured party.
(e) For purposes of subsections (a) and (b), the holder of a purchase-money security interest in inventory gives new value for chattel paper constituting proceeds of the inventory.
(f) For purposes of subsections (b) and (d), if chattel paper or an instrument indicates that it has been assigned to an identified secured party other than the purchaser, a purchaser of the chattel paper or instrument has knowledge that the purchase violates the rights of the secured party.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › 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.

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.
(a) This chapter does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document of title has been duly negotiated, or a protected purchaser of a security. These holders or purchasers take priority over an earlier security interest, even if perfected, to the extent provided in chapters 57A-3, 57A-7, and 57A-8.
(b) This chapter does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of a claim under chapter 57A-8.
(c) Filing under this article does not constitute notice of a claim or defense to the holders, or purchasers, or persons described in subsections (a) and (b).
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-332 - Transferee of money or funds from deposit account.

57A-9-332. Transferee of money or funds from deposit account.
(a) A transferee of money takes the money free of a security interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party.
(b) A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-333 - "Possessory lien"--Priority over security interest.

57A-9-333."Possessory lien"--Priority over security interest.
(a) In this section, "possessory lien" means an interest, other than a security interest or an agricultural lien:
(1)Which secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person's business;
(2)Which is created by statute or rule of law in favor of the person; and
(3)Whose effectiveness depends on the person's possession of the goods.
(b) A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-335 - Security interest in accession--Collateral that becomes an accession.

57A-9-335. Security interest in accession--Collateral that becomes an accession.
(a) A security interest may be created in an accession and continues in collateral that becomes an accession.
(b) If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral.
(c) Except as otherwise provided in subsection (d), the other provisions of this part determine the priority of a security interest in an accession.
(d) A security interest in an accession is subordinate to a security interest in the whole which is perfected by compliance with the requirements of a certificate-of-title statute under §57A-9-311(b).
(e) After default, subject to Part 6, a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole.
(f) A secured party that removes an accession from other goods under subsection (e) shall promptly reimburse any holder of a security interest or other lien on, or owner of, the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the holder or owner for any diminution in value of the whole or the other goods caused by the absence of the accession removed or by any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-336 - "Commingled goods"--Security interest and priority issues with respect to commingled goods.

57A-9-336."Commingled goods"--Security interest and priority issues with respect to commingled goods.
(a) In this section, "commingled goods" means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass.
(b) A security interest does not exist in commingled goods as such. However, a security interest may attach to a product or mass that results when goods become commingled goods.
(c) If collateral becomes commingled goods, a security interest attaches to the product or mass.
(d) If a security interest in collateral is perfected before the collateral becomes commingled goods, the security interest that attaches to the product or mass under subsection (c) is perfected.
(e) Except as otherwise provided in subsection (f), the other provisions of this part determine the priority of a security interest that attaches to the product or mass under subsection (c).
(f) If more than one security interest attaches to the product or mass under subsection (c), the following rules determine priority:
(1)A security interest that is perfected under subsection (d) has priority over a security interest that is unperfected at the time the collateral becomes commingled goods.
(2)If more than one security interest is perfected under subsection (d), the security interests rank equally in proportion to the value of the collateral at the time it became commingled goods.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-337 - Certificate of title failing to show security interest perfected under another jurisdiction's law.

57A-9-337. Certificate of title failing to show security interest perfected under another jurisdiction's law.
If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this State issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate:
(1)A buyer of the goods, other than a person in the business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and
(2)The security interest is subordinate to a conflicting security interest in the goods that attaches, and is perfected under §57A-9-311(b), after issuance of the certificate and without the conflicting secured party's knowledge of the security interest.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-338 - Effect of inaccurate financing statement on security interest or agricultural lien.

57A-9-338. Effect of inaccurate financing statement on security interest or agricultural lien.
If a security interest or agricultural lien is perfected by a filed financing statement providing information described in §57A-9-516(b)(5) which is incorrect at the time the financing statement is filed:
(1)The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and
(2)A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of tangible chattel paper, tangible documents, goods, instruments, or a security certificate, receives delivery of the collateral.
Source:
SL 2000, ch 231; SL 2009, ch 254, §835.