35-29 Uniform Federal Lien Registration Act - North Dakota Statutes

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CHAPTER 35-29UNIFORM FEDERAL LIEN REGISTRATION ACT35-29-01. Scope. This chapter applies only to federal tax liens and to other federal liensnotices of which under any act of Congress or any regulation adopted pursuant thereto are
required or permitted to be filed in the same manner as notices of federal tax liens.35-29-02. Place of filing.1.Notices of liens, certificates, and other notices affecting federal tax liens or other
federal liens must be filed in accordance with this chapter.2.Notices of liens upon real property for obligations payable to the United States and
certificates and notices affecting the liens must be filed in the office of the recorder of
the county in which the real property subject to the liens is situated.3.Notices of federal liens upon personal property, whether tangible or intangible, for
obligations payable to the United States and certificates and notices affecting the
liens must be filed as follows:a.If the person against whose interest the lien applies is a corporation, limited
liability company, or a partnership whose principal executive office is in this
state, as these entities are defined in the internal revenue laws of the United
States, in the office of the secretary of state.b.If the person against whose interest the lien applies is a trust that is not covered
by subdivision a, in the office of the secretary of state.c.If the person against whose interest the lien applies is the estate of a decedent,
in the office of the secretary of state.d.In all other cases, in the office of the recorder of the county where the person
against whose interest the lien applies resides at the time of filing of the notice
of lien.35-29-03.Execution of notices and certificates.Certification of notices of liens,certificates, or other notices affecting federal liens by the secretary of the treasury of the United
States or the secretary's delegate, or by any official or entity of the United States responsible for
filing or certifying of notice of any other lien, entitles them to be filed and no other attestation,
certification, or acknowledgment is necessary.35-29-04. Duties of filing officer.1.If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation
of any certificate described in subsection 2 is presented to a filing officer who is:a.The secretary of state, the secretary shall cause the notice to be marked, held,
and indexed in accordance with the provisions of section 41-09-90 as if the
notice were a financing statement within the meaning of title 41; orb.Any other officer described in section 35-29-02, the officer shall endorse
thereon the officer's identification and the date and time of receipt and
immediately file it alphabetically or enter it in an alphabetical index showing the
name and address of the person named in the notice, the date and time of
receipt, the title and address of the official or entity certifying the lien, and the
total amount appearing on the notice of lien.Page No. 12.If a certificate of release, nonattachment, discharge, or subordination of any lien is
presented to the secretary of state for filing, the secretary shall do all of the following:a.Cause a certificate of release or nonattachment to be marked, held, and
indexed as if the certificate were a termination statement within the meaning of
title 41, but the notice of lien to which the certificate relates may not be
removed from the files.b.Cause a certificate of discharge or subordination to be marked, held, and
indexed as if the certificate were a release of collateral within the meaning of
title 41.3.If a refiled notice of federal lien referred to in subsection 1 or any certificate or notice
referred to in subsection 2 is presented for filing to any other filing officer specified in
section 35-29-02, the officer shall permanently attach the refiled notice or the
certificate to the original notice of lien and enter the refiled notice or the certificate
with the date of filing in any alphabetical lien index on the line where original notice
of lien is entered.4.Upon request of any person, the filing officer shall issue the officer's certificate
showing whether there is on file, on the date and hour stated therein, any notice of
lien or certificate or notice affecting any lien filed under this chapter or chapter 35-28
as it existed prior to enactment of this chapter, naming a particular person, and if a
notice or certificate is on file, giving the date and hour of filing of each notice or
certificate. The fee for a certificate is one dollar and twenty-five cents for each notice
or certificate reported therein. Upon request, the filing officer shall furnish a copy of
any notice of federal lien, or notice or certificate affecting a federal lien, for a fee of
one dollar, plus seventy-five cents for the second and each succeeding page.35-29-05. Fees.1.The fee for filing and indexing each notice of lien is:a.For a lien on real estate, five dollars, plus two dollars for the second and each
succeeding page.b.For a lien on tangible and intangible personal property, ten dollars.c.For a certificate of discharge or subordination, ten dollars.d.For a nonstandard statement when presented for filing, an additional fee of five
dollars plus one dollar per page.e.For all other notices, including a certificate of release or nonattachment, five
dollars.2.The officer may not file or record an instrument under this chapter unless the person
offering the instrument for filing or recording has first paid the requisite filing or
recording fee.35-29-06.Short title.This chapter may be cited as the Uniform Federal LienRegistration Act.Page No. 2Document Outlinechapter 35-29 uniform federal lien registration act