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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 57A-9-314: Perfection by control.

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Where this section sits in the code
  1. TITLE 57A. UNIFORM COMMERCIAL CODE
  2. CHAPTER 57A-9. SECURED TRANSACTIONS

(a) A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, investment property, or letter-of-credit rights may be perfected by control of the collateral under § 57A-7-106, 57A-9-104, 57A-9-105.1, 57A-9-106, 57A-9-107, or 57A-9-107.1.

(b) A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, or letter-of-credit rights is perfected by control under § 57A-7-106, 57A-9-104, 57A-9-105.1, 57A-9-107, or 57A-9-107.1 not earlier than the time 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 not earlier than 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; SL 2024, ch 198, § 63.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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