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Statutes > North-dakota > T35 > T35c29

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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<br>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<br>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<br>certificates and notices affecting the liens must be filed in the office of the recorder of<br>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<br>obligations payable to the United States and certificates and notices affecting the<br>liens must be filed as follows:a.If the person against whose interest the lien applies is a corporation, limited<br>liability company, or a partnership whose principal executive office is in this<br>state, as these entities are defined in the internal revenue laws of the United<br>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<br>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,<br>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<br>against whose interest the lien applies resides at the time of filing of the notice<br>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<br>States or the secretary's delegate, or by any official or entity of the United States responsible for<br>filing or certifying of notice of any other lien, entitles them to be filed and no other attestation,<br>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<br>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,<br>and indexed in accordance with the provisions of section 41-09-90 as if the<br>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<br>thereon the officer's identification and the date and time of receipt and<br>immediately file it alphabetically or enter it in an alphabetical index showing the<br>name and address of the person named in the notice, the date and time of<br>receipt, the title and address of the official or entity certifying the lien, and the<br>total amount appearing on the notice of lien.Page No. 12.If a certificate of release, nonattachment, discharge, or subordination of any lien is<br>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<br>indexed as if the certificate were a termination statement within the meaning of<br>title 41, but the notice of lien to which the certificate relates may not be<br>removed from the files.b.Cause a certificate of discharge or subordination to be marked, held, and<br>indexed as if the certificate were a release of collateral within the meaning of<br>title 41.3.If a refiled notice of federal lien referred to in subsection 1 or any certificate or notice<br>referred to in subsection 2 is presented for filing to any other filing officer specified in<br>section 35-29-02, the officer shall permanently attach the refiled notice or the<br>certificate to the original notice of lien and enter the refiled notice or the certificate<br>with the date of filing in any alphabetical lien index on the line where original notice<br>of lien is entered.4.Upon request of any person, the filing officer shall issue the officer's certificate<br>showing whether there is on file, on the date and hour stated therein, any notice of<br>lien or certificate or notice affecting any lien filed under this chapter or chapter 35-28<br>as it existed prior to enactment of this chapter, naming a particular person, and if a<br>notice or certificate is on file, giving the date and hour of filing of each notice or<br>certificate. The fee for a certificate is one dollar and twenty-five cents for each notice<br>or certificate reported therein. Upon request, the filing officer shall furnish a copy of<br>any notice of federal lien, or notice or certificate affecting a federal lien, for a fee of<br>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<br>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<br>dollars plus one dollar per page.e.For all other notices, including a certificate of release or nonattachment, five<br>dollars.2.The officer may not file or record an instrument under this chapter unless the person<br>offering the instrument for filing or recording has first paid the requisite filing or<br>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

State Codes and Statutes

Statutes > North-dakota > T35 > T35c29

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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<br>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<br>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<br>certificates and notices affecting the liens must be filed in the office of the recorder of<br>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<br>obligations payable to the United States and certificates and notices affecting the<br>liens must be filed as follows:a.If the person against whose interest the lien applies is a corporation, limited<br>liability company, or a partnership whose principal executive office is in this<br>state, as these entities are defined in the internal revenue laws of the United<br>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<br>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,<br>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<br>against whose interest the lien applies resides at the time of filing of the notice<br>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<br>States or the secretary's delegate, or by any official or entity of the United States responsible for<br>filing or certifying of notice of any other lien, entitles them to be filed and no other attestation,<br>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<br>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,<br>and indexed in accordance with the provisions of section 41-09-90 as if the<br>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<br>thereon the officer's identification and the date and time of receipt and<br>immediately file it alphabetically or enter it in an alphabetical index showing the<br>name and address of the person named in the notice, the date and time of<br>receipt, the title and address of the official or entity certifying the lien, and the<br>total amount appearing on the notice of lien.Page No. 12.If a certificate of release, nonattachment, discharge, or subordination of any lien is<br>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<br>indexed as if the certificate were a termination statement within the meaning of<br>title 41, but the notice of lien to which the certificate relates may not be<br>removed from the files.b.Cause a certificate of discharge or subordination to be marked, held, and<br>indexed as if the certificate were a release of collateral within the meaning of<br>title 41.3.If a refiled notice of federal lien referred to in subsection 1 or any certificate or notice<br>referred to in subsection 2 is presented for filing to any other filing officer specified in<br>section 35-29-02, the officer shall permanently attach the refiled notice or the<br>certificate to the original notice of lien and enter the refiled notice or the certificate<br>with the date of filing in any alphabetical lien index on the line where original notice<br>of lien is entered.4.Upon request of any person, the filing officer shall issue the officer's certificate<br>showing whether there is on file, on the date and hour stated therein, any notice of<br>lien or certificate or notice affecting any lien filed under this chapter or chapter 35-28<br>as it existed prior to enactment of this chapter, naming a particular person, and if a<br>notice or certificate is on file, giving the date and hour of filing of each notice or<br>certificate. The fee for a certificate is one dollar and twenty-five cents for each notice<br>or certificate reported therein. Upon request, the filing officer shall furnish a copy of<br>any notice of federal lien, or notice or certificate affecting a federal lien, for a fee of<br>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<br>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<br>dollars plus one dollar per page.e.For all other notices, including a certificate of release or nonattachment, five<br>dollars.2.The officer may not file or record an instrument under this chapter unless the person<br>offering the instrument for filing or recording has first paid the requisite filing or<br>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

State Codes and Statutes

State Codes and Statutes

Statutes > North-dakota > T35 > T35c29

Download pdf
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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<br>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<br>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<br>certificates and notices affecting the liens must be filed in the office of the recorder of<br>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<br>obligations payable to the United States and certificates and notices affecting the<br>liens must be filed as follows:a.If the person against whose interest the lien applies is a corporation, limited<br>liability company, or a partnership whose principal executive office is in this<br>state, as these entities are defined in the internal revenue laws of the United<br>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<br>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,<br>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<br>against whose interest the lien applies resides at the time of filing of the notice<br>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<br>States or the secretary's delegate, or by any official or entity of the United States responsible for<br>filing or certifying of notice of any other lien, entitles them to be filed and no other attestation,<br>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<br>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,<br>and indexed in accordance with the provisions of section 41-09-90 as if the<br>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<br>thereon the officer's identification and the date and time of receipt and<br>immediately file it alphabetically or enter it in an alphabetical index showing the<br>name and address of the person named in the notice, the date and time of<br>receipt, the title and address of the official or entity certifying the lien, and the<br>total amount appearing on the notice of lien.Page No. 12.If a certificate of release, nonattachment, discharge, or subordination of any lien is<br>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<br>indexed as if the certificate were a termination statement within the meaning of<br>title 41, but the notice of lien to which the certificate relates may not be<br>removed from the files.b.Cause a certificate of discharge or subordination to be marked, held, and<br>indexed as if the certificate were a release of collateral within the meaning of<br>title 41.3.If a refiled notice of federal lien referred to in subsection 1 or any certificate or notice<br>referred to in subsection 2 is presented for filing to any other filing officer specified in<br>section 35-29-02, the officer shall permanently attach the refiled notice or the<br>certificate to the original notice of lien and enter the refiled notice or the certificate<br>with the date of filing in any alphabetical lien index on the line where original notice<br>of lien is entered.4.Upon request of any person, the filing officer shall issue the officer's certificate<br>showing whether there is on file, on the date and hour stated therein, any notice of<br>lien or certificate or notice affecting any lien filed under this chapter or chapter 35-28<br>as it existed prior to enactment of this chapter, naming a particular person, and if a<br>notice or certificate is on file, giving the date and hour of filing of each notice or<br>certificate. The fee for a certificate is one dollar and twenty-five cents for each notice<br>or certificate reported therein. Upon request, the filing officer shall furnish a copy of<br>any notice of federal lien, or notice or certificate affecting a federal lien, for a fee of<br>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<br>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<br>dollars plus one dollar per page.e.For all other notices, including a certificate of release or nonattachment, five<br>dollars.2.The officer may not file or record an instrument under this chapter unless the person<br>offering the instrument for filing or recording has first paid the requisite filing or<br>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