State Codes and Statutes

Statutes > North-carolina > Chapter_25 > GS_25-9-307

§25‑9‑307.  Location of debtor.

(a)        "Place ofbusiness." – In this section, "place of business" means a placewhere a debtor conducts its affairs.

(b)        Debtor's location:general rules. – Except as otherwise provided in this section, the followingrules determine a debtor's location:

(1)        A debtor who is anindividual is located at the individual's principal residence.

(2)        A debtor that is anorganization and has only one place of business is located at its place ofbusiness.

(3)        A debtor that is anorganization and has more than one place of business is located at its chiefexecutive office.

(c)        Limitation ofapplicability of subsection (b). – Subsection (b) of this section applies onlyif a debtor's residence, place of business, or chief executive office, asapplicable, is located in a jurisdiction whose law generally requiresinformation concerning the existence of a nonpossessory security interest to bemade generally available in a filing, recording, or registration system as acondition or result of the security interest's obtaining priority over therights of a lien creditor with respect to the collateral. If subsection (b) ofthis section does not apply, the debtor is located in the District of Columbia.

(d)        Continuation oflocation: cessation of existence, etc. – A person that ceases to exist, have aresidence, or have a place of business continues to be located in thejurisdiction specified by subsections (b) and (c) of this section.

(e)        Location ofregistered organization organized under state law. – A registered organizationthat is organized under the law of a state is located in that state.

(f)         Location ofregistered organization organized under federal law; bank branches andagencies. – Except as otherwise provided in subsection (i) of this section, aregistered organization that is organized under the law of the United Statesand a branch or agency of a bank that is not organized under the law of theUnited States or a state are located:

(1)        In the state thatthe law of the United States designates, if the law designates a state oflocation;

(2)        In the state thatthe registered organization, branch, or agency designates, if the law of theUnited States authorizes the registered organization, branch, or agency todesignate its state of location; or

(3)        In the District ofColumbia, if neither subdivision (1) nor subdivision (2) of this subsectionapplies.

(g)        Continuation oflocation: change in status of registered organization. – A registeredorganization continues to be located in the jurisdiction specified bysubsection (e) or (f) of this section notwithstanding:

(1)        The suspension,revocation, forfeiture, or lapse of the registered organization's status assuch in its jurisdiction of organization; or

(2)        The dissolution,winding up, or cancellation of the existence of the registered organization.

(h)        Location of UnitedStates. – The United States is located in the District of Columbia.

(i)         Location offoreign bank branch or agency if licensed in only one state. – A branch oragency of a bank that is not organized under the law of the United States or astate is located in the state in which the branch or agency is licensed, if allbranches and agencies of the bank are licensed in only one state.

(j)         Location offoreign air carrier. – A foreign air carrier under the Federal Aviation Act of1958, as amended, is located at the designated office of the agent upon whichservice of process may be made on behalf of the carrier.

(k)        Section appliesonly to this Part. – This section applies only for purposes of this Part. (2000‑169,s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_25 > GS_25-9-307

§25‑9‑307.  Location of debtor.

(a)        "Place ofbusiness." – In this section, "place of business" means a placewhere a debtor conducts its affairs.

(b)        Debtor's location:general rules. – Except as otherwise provided in this section, the followingrules determine a debtor's location:

(1)        A debtor who is anindividual is located at the individual's principal residence.

(2)        A debtor that is anorganization and has only one place of business is located at its place ofbusiness.

(3)        A debtor that is anorganization and has more than one place of business is located at its chiefexecutive office.

(c)        Limitation ofapplicability of subsection (b). – Subsection (b) of this section applies onlyif a debtor's residence, place of business, or chief executive office, asapplicable, is located in a jurisdiction whose law generally requiresinformation concerning the existence of a nonpossessory security interest to bemade generally available in a filing, recording, or registration system as acondition or result of the security interest's obtaining priority over therights of a lien creditor with respect to the collateral. If subsection (b) ofthis section does not apply, the debtor is located in the District of Columbia.

(d)        Continuation oflocation: cessation of existence, etc. – A person that ceases to exist, have aresidence, or have a place of business continues to be located in thejurisdiction specified by subsections (b) and (c) of this section.

(e)        Location ofregistered organization organized under state law. – A registered organizationthat is organized under the law of a state is located in that state.

(f)         Location ofregistered organization organized under federal law; bank branches andagencies. – Except as otherwise provided in subsection (i) of this section, aregistered organization that is organized under the law of the United Statesand a branch or agency of a bank that is not organized under the law of theUnited States or a state are located:

(1)        In the state thatthe law of the United States designates, if the law designates a state oflocation;

(2)        In the state thatthe registered organization, branch, or agency designates, if the law of theUnited States authorizes the registered organization, branch, or agency todesignate its state of location; or

(3)        In the District ofColumbia, if neither subdivision (1) nor subdivision (2) of this subsectionapplies.

(g)        Continuation oflocation: change in status of registered organization. – A registeredorganization continues to be located in the jurisdiction specified bysubsection (e) or (f) of this section notwithstanding:

(1)        The suspension,revocation, forfeiture, or lapse of the registered organization's status assuch in its jurisdiction of organization; or

(2)        The dissolution,winding up, or cancellation of the existence of the registered organization.

(h)        Location of UnitedStates. – The United States is located in the District of Columbia.

(i)         Location offoreign bank branch or agency if licensed in only one state. – A branch oragency of a bank that is not organized under the law of the United States or astate is located in the state in which the branch or agency is licensed, if allbranches and agencies of the bank are licensed in only one state.

(j)         Location offoreign air carrier. – A foreign air carrier under the Federal Aviation Act of1958, as amended, is located at the designated office of the agent upon whichservice of process may be made on behalf of the carrier.

(k)        Section appliesonly to this Part. – This section applies only for purposes of this Part. (2000‑169,s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_25 > GS_25-9-307

§25‑9‑307.  Location of debtor.

(a)        "Place ofbusiness." – In this section, "place of business" means a placewhere a debtor conducts its affairs.

(b)        Debtor's location:general rules. – Except as otherwise provided in this section, the followingrules determine a debtor's location:

(1)        A debtor who is anindividual is located at the individual's principal residence.

(2)        A debtor that is anorganization and has only one place of business is located at its place ofbusiness.

(3)        A debtor that is anorganization and has more than one place of business is located at its chiefexecutive office.

(c)        Limitation ofapplicability of subsection (b). – Subsection (b) of this section applies onlyif a debtor's residence, place of business, or chief executive office, asapplicable, is located in a jurisdiction whose law generally requiresinformation concerning the existence of a nonpossessory security interest to bemade generally available in a filing, recording, or registration system as acondition or result of the security interest's obtaining priority over therights of a lien creditor with respect to the collateral. If subsection (b) ofthis section does not apply, the debtor is located in the District of Columbia.

(d)        Continuation oflocation: cessation of existence, etc. – A person that ceases to exist, have aresidence, or have a place of business continues to be located in thejurisdiction specified by subsections (b) and (c) of this section.

(e)        Location ofregistered organization organized under state law. – A registered organizationthat is organized under the law of a state is located in that state.

(f)         Location ofregistered organization organized under federal law; bank branches andagencies. – Except as otherwise provided in subsection (i) of this section, aregistered organization that is organized under the law of the United Statesand a branch or agency of a bank that is not organized under the law of theUnited States or a state are located:

(1)        In the state thatthe law of the United States designates, if the law designates a state oflocation;

(2)        In the state thatthe registered organization, branch, or agency designates, if the law of theUnited States authorizes the registered organization, branch, or agency todesignate its state of location; or

(3)        In the District ofColumbia, if neither subdivision (1) nor subdivision (2) of this subsectionapplies.

(g)        Continuation oflocation: change in status of registered organization. – A registeredorganization continues to be located in the jurisdiction specified bysubsection (e) or (f) of this section notwithstanding:

(1)        The suspension,revocation, forfeiture, or lapse of the registered organization's status assuch in its jurisdiction of organization; or

(2)        The dissolution,winding up, or cancellation of the existence of the registered organization.

(h)        Location of UnitedStates. – The United States is located in the District of Columbia.

(i)         Location offoreign bank branch or agency if licensed in only one state. – A branch oragency of a bank that is not organized under the law of the United States or astate is located in the state in which the branch or agency is licensed, if allbranches and agencies of the bank are licensed in only one state.

(j)         Location offoreign air carrier. – A foreign air carrier under the Federal Aviation Act of1958, as amended, is located at the designated office of the agent upon whichservice of process may be made on behalf of the carrier.

(k)        Section appliesonly to this Part. – This section applies only for purposes of this Part. (2000‑169,s. 1.)