S.D. Codified Laws § 57A-9-314

Current through the 2024 Legislative Session
Section 57A-9-314 - Perfection by control
(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.

SDCL 57A-9-314

SL 2000, ch 231; SL 2009, ch 254, §833; SL 2024, ch 198, §63.
Amended by S.L. 2024, ch. 198,s. 63, eff. 7/1/2024.