State Codes and Statutes

Statutes > South-dakota > Title-57a > Chapter-09 > Statute-57a-9-325

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