South Dakota Codified Laws
Chapter 09 - Secured Transactions
Section 57A-9-204.1 - Attachment of security interest in transactions entered into between June 30, 1978, and July 1, 1979.

57A-9-204.1. Attachment of security interest in transactions entered into between June 30, 1978, and July 1, 1979.
In transactions entered into after June 30, 1978, and prior to July 1, 1979, whereby the intent of the transaction was to create a security interest pursuant to this title, that security interest shall be deemed to have attached at the time there was agreement that it attach, when value was given, and when the debtor had rights in the collateral, unless an explicit agreement postponed the time of attaching.

Source: SL 2000, ch 231.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 57A - Uniform Commercial Code

Chapter 09 - Secured Transactions

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-9-201 - 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 perfectio...

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-9-402 - 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-9-404 - 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.