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§ 57a-9-611 — South Dakota Law | CourtGPT
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South Dakota Legal Code

§ 57a-9-611

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57A-9-611. 'Notification date'--Notification of disposition of collateral.(a) In this section, 'notification date' means the earlier of the date on which:(1)A secured party sends to the debtor and any secondary obligor a signed notification of disposition; or(2)The debtor and any secondary obligor waive the right to notification.(b) Except as otherwise provided in subsection (d), a secured party that disposes of collateral under §57A-9-610 shall send to the persons specified in subsection (c) a reasonable signed notification of disposition.(c) To comply with subsection (b), the secured party shall send a signed notification of disposition to:(1)The debtor;(2)Any secondary obligor; and(3)If the collateral is other than consumer goods:(A)Any other person from which the secured party has received, before the notification date, a signed notification of a claim of an interest in the collateral;(B)Any other secured party or lienholder that, ten days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:(i)Identified the collateral;(ii)Was indexed under the debtor's name as of that date; and(iii)Was

ity interest in or other lien on the collateral perfected by the filing of a financing statement that:(i)Identified the collateral;(ii)Was indexed under the debtor's name as of that date; and(iii)Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and(C)Any other secured party that, ten days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in §57A-9-311(a).(d) Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.(e) A secured party complies with the requirement for notification prescribed by subsection (c)(3)(B) if:(1)Not later than twenty days or earlier than thirty days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor's name in the office indicated in subsection (c)(3)(B); and(2)Before the notification date, the secured party:(A)Did not receive a response to the request for information;

ts indexed under the debtor's name in the office indicated in subsection (c)(3)(B); and(2)Before the notification date, the secured party:(A)Did not receive a response to the request for information; or(B)Received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral. Source: SL 2000, ch 231; SL 2024, ch 198, §83.