Frequently Asked Questions (FAQs)
Prepared by the North Dakota Secretary of State's Office
Where do I file according to Revised Article 9 (RA9)?
Financing statements are no longer filed where the collateral is located. Financing statements are now filed where the debtor is located.
How do I determine the debtor's correct location?
A debtor who is an individual is located at the individual's principle residence. A debtor that is an organization and has only one place of business is located at its place of business. A debtor that is an organization and has more than one place of business is located at its chief executive office. A registered organization that is organized under the law of a state is located in that state.
Where do I file in North Dakota?
File in the office of the County Recorder in any county in this state or in the office of the Secretary of State except for the following:
File in the office designated for filing or recording of a record of a mortgage on real property. If
The filing states it is filed as a fixture filing and the collateral is goods that are or are to become fixtures, or
The collateral is as-extracted collateral or timber to be cut.
What is an "In Lieu" of filing?
An "in lieu" of filing is an initial financing statement filed "in lieu" of a continuation statement when place of filing changed due to Revised Article 9. File in new jurisdiction.
What information should an "In Lieu" of filing contain?
Indicate UCC-1 is an "in lieu" continuation and that all financing statements listed are still active.
List each financing statement being moved by date, file number, jurisdiction and file number of continuations.
Do filings need to be signed?
UCC filings do not require signatures of either the debtor or the secured party as of July 1, 2001.
CNS filings require signatures of both debtor and secured parties.
Agricultural (Processor's, Supplier's, Agister's) liens are verified statements filed in the central indexing system. They do not require the signature of the debtor, however, the signature of the secured party (lender) must be notarized.
Where can I find the forms used in North Dakota?
National and North Dakota forms can be found on our web site.
What is a correction statement?
A correction statement is filed by the debtor to correct a financing statement the debtor believes is inaccurate or has been wrongfully filed. The filing of a correction statement does not affect the effectiveness of an initial financing statement or other filed record.
What is a check digit number?
The check digit number is mathematically derived from or related to the other digits of the file number. The function of the check digit number is to trap common presentation errors in numbers such as transposition or substitution errors. The check digit eliminates the need to rely on debtor and/or secured party information matching thereby improving the efficiency of both manual and electronic filing.
Why will filings be rejected?
Social security and/or tax identification numbers not listed for all debtors.
Central Notice (CNS) filing not signed by both debtor and secured party.
Initial filing does not provide name and mailing address of the debtor or secured party.
If the debtor is an organization, the filing must indicate: type of organization, jurisdiction (state of origin) of organization and organizational number (system ID number) if any.
Continuation not filed within the six-month period before expiration.
Amendment does not contain complete number of initial filing.
When an amendment, continuation, termination, etc. is not submitted to the same filing office as the initial filing. In North Dakota amendments must be filed in the same filing office as the initial filing.
Where do I find the organizational information?
The information for organizations registered in North Dakota can be found on the Secretary of State's live Business Records Search.