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

SDCL § 57A-9-325: Subordination of security interest created by debtor to security interest created by another person.

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

(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.

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

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