North Dakota Code § 41-12-07

(12-107) Governing law
Open in Lexace · Ask the AI about this section
1. Except as provided in subsection 2, the local law of a controllable electronic record's 
jurisdiction governs a matter covered by this chapter.
2. For a controllable electronic record that evidences a controllable account or 
controllable payment intangible, the local law of the controllable electronic record's 
jurisdiction governs a matter covered by section 41 -12-06 unless an effective 
agreement determines that the local law of another jurisdiction governs.
3. The following rules determine a controllable electronic record's jurisdiction under this 
section:
a. If the controllable electronic record, or a record attached to or logically associated 
with the controllable electronic record and readily available for review, expressly 
provides that a particular jurisdiction is the controllable electronic record's 
jurisdiction for purposes of this chapter or title, that jurisdiction is the controllable 
electronic record's jurisdiction.
b. If subdivision a does not apply and the rules of the system in which the 
controllable electronic record is recorded are readily available for review and 
expressly provide that a particular jurisdiction is the controllable electronic 
record's jurisdiction for purposes of this chapter or title, that jurisdiction is the 
controllable electronic record's jurisdiction.
c. If subdivisions a and b do not apply and the controllable electronic record, or a 
record attached to or logically associated with the controllable electronic record 
and readily available for review, expressly provides that the controllable electronic 
record is governed by the law of a particular jurisdiction, that jurisdiction is the 
controllable electronic record's jurisdiction.
d. If subdivisions a, b, and c do not apply and the rules of the system in which the 
controllable electronic record is recorded are readily available for review and 
expressly provide that the controllable electronic record or the system is 
governed by the law of a particular jurisdiction, that jurisdiction is the controllable 
electronic record's jurisdiction.
e. If subdivisions a through d do not apply, the controllable electronic record's 
jurisdiction is the District of Columbia.
4. If subdivision e of subsection 3 applies and this chapter is not in effect in the District of 
Columbia without material modification, the governing law for a matter covered by this 
chapter is the law of the District of Columbia as though Article 12 were in effect in the 
District of Columbia without material modification. In this subsection, "Article 12" 
means Article 12 of Uniform Commercial Code Amendments (2022).
5. To the extent subsections 1 and 2 provide that the local law of the controllable 
electronic record's jurisdiction governs a matter covered by this chapter, that law 
governs even if the matter or a transaction to which the matter relates does not bear 
any relation to the controllable electronic record's jurisdiction.
6. The rights acquired under section 41-12-04 by a purchaser or qualifying purchaser are 
governed by the law applicable under this section at the time of purchase.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.