57A-9-523. Acknowledgment of filing--Information to be communicated from records on request--Sale or licensing of records.
(a) If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to §57A-9-519(a)(1) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:
(1)Note upon the copy the number assigned to the record pursuant to §57A-9-519(a)(1) and the date and time of the filing of the record; and
(2)Send the copy to the person.
(b) If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:
(1)The information in the record;
(2)The number assigned to the record pursuant to §57A-9-519(a)(1); and
(3)The date and time of the filing of the record.
(c) The filing office shall communicate or otherwise make available in a record the following information to any person that requests it:
(1)Whether there is on file on a date and time specified by the filing office, but not a date earlier than three business days before the filing office receives the request, any financing statement that:
(A)Designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request;
(B)Has not lapsed under §57A-9-515 with respect to all secured parties of record; and
(C)If the request so states, has lapsed under §57A-9-515 and a record of which is maintained by the filing office under §57A-9-522(a);
(2)The date and time of filing of each financing statement; and
(3)The information provided in each financing statement. However, if the financing statement contains a social security or employer identification number which has not been supplied by the person requesting the information, such number shall be redacted prior to providing the information. In the case of financing statements recorded in the office of the register of deeds, the requirement for redaction of social security or employer identification numbers only applies to financing statements recorded after July 1, 2009.
(d) In complying with its duty under subsection (c), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of its authenticity.
A computer printout from the centralized computer system established by the secretary of state constitutes the certificate of the secretary of state as to whether there is on file, on the date and hour stated thereon, a financing statement covering the following collateral: farm products or accounts, or livestock, or general intangibles arising from or relating to the sale of farm products by a farmer, or crops growing or to be grown, or equipment used in farming operations.
The secretary of state shall, upon a telephone request, furnish to any person, company, or corporation, information as to whether a financing statement describing farm collateral has been filed in the Office of the Secretary of State and, if such financing statement has been filed, the secretary of state shall also furnish the name and business address of the secured creditor. However, the secretary of state need not answer telephone inquiries in writing nor send written confirmation from a telephone request. The secretary of state is not responsible for accuracy and completeness of the information furnished verbally in response to a telephone request.
(e) The filing office shall perform the acts required by subsections (a) through (d) at the time and in the manner prescribed by filing-office rule, but not later than two business days after the filing office receives the request.
Source: SL 2000, ch 231; SL 2009, ch 3, §2; SL 2009, ch 255, §1.
Structure 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-9-104 - 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-9-202 - Immateriality of title to collateral.
Section 57A-9-204 - Interest in after-acquired collateral.
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-9-210 - 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-9-307 - 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-9-313 - Perfection by taking possession of collateral or by delivery.
Section 57A-9-314 - Perfection by control of collateral.
Section 57A-9-316 - Effect of change in governing law.
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-9-324 - Priority of perfected purchase money security interest.
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-9-332 - 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-9-339 - Subordination by agreement.
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-9-407 - Ineffective prohibitions or restrictions in lease agreement.
Section 57A-9-501.1 - Validation of noncomplying statements.
Section 57A-9-503 - Name of debtor and secured party.
Section 57A-9-504 - Sufficiency of description of collateral.
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-9-515 - 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-9-524 - Excuses for filing office failure to meet time limits.
Section 57A-9-525 - Fees for filing and indexing records.
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-9-602 - Waiver or variance of rules by debtor or obligor.
Section 57A-9-603 - Agreement on standards for fulfilling rights and duties.
Section 57A-9-606 - 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-9-609.2 - 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-9-617 - Rights of transferee of collateral disposed of after default.
Section 57A-9-618 - Rights and duties of secondary obligor.
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-9-626 - Action in which amount of deficiency or surplus is in issue.
Section 57A-9-628 - Limitations on liability of secured party.
Section 57A-9-701 - Effective date of chapter.
Section 57A-9-703 - Effect of division on security interests enforceable before July 1, 2001.
Section 57A-9-705 - Effect of certain actions prior to July 1, 2001.
Section 57A-9-707 - Pre-effective-date financing statement--Amendment, continuation, termination.
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-9-807 - Amendment of pre-effective-date financing statement.
Section 57A-9-808 - Person entitled to file initial financing statement or continuation statement.