336.9-401 Alienability of debtor's rights.
(a) Other law governs alienability; exceptions. Except as otherwise provided in subsection (b) and sections 336.9-406, 336.9-407, 336.9-408, and 336.9-409, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article.
(b) Agreement does not prevent transfer. An agreement between the debtor and secured party which prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.
HIST: 2000 c 399 art 1 s 63
* NOTE: This section, as added by Laws 2000, chapter 399, *article 1, section 63, is effective July 1, 2001. Laws 2000, *chapter 399, article 1, section 130.
* NOTE: Minnesota Statutes 1999 Supplement, section *336.9-401, which reads as follows, is repealed July 1, 2001. *Laws 2000, chapter 399, article 1, section 130.
* "336.9-401 Place of filing; erroneous filing; removal of *collateral.
* (1) The proper place to file in order to perfect a security *interest is as follows:
* (a) When the collateral is consumer goods, or motor *vehicles which are not covered by a certificate of title, then *in the office of the county recorder in the county of the *debtor's residence if the debtor is an individual who is a *resident of this state but if the debtor is an individual who is *not a resident of this state or is a corporation, partnership or *other organization then in the office of the secretary of state;
* (b) When the collateral is equipment to be used in farming *operations, or farm products, or accounts or general intangibles *arising from or relating to the sale of farm products by a *farmer, or crops growing or to be grown, then in the office of *the county recorder in the county of the debtor's residence if *the debtor is an individual or organization with residence in *this state, but if the debtor is not a resident of this state, *then in the office of the secretary of state; security interests *covering crops growing or to be grown that are to be filed with *the county recorder under this paragraph must be filed in the *Uniform Commercial Code division of the recorder's office;
* (c) When the collateral is timber to be cut or is minerals *or the like (including oil and gas) or accounts subject to *subsection (5) of section 336.9-103, or when the financing *statement is filed as a fixture filing (section 336.9-313) and *the collateral is goods which are or are to become fixtures, *then in the office where a mortgage on the real estate would be *filed or recorded;
* (d) In all other cases, in the office of the secretary of *state.
* (2) A filing which is made in good faith in an improper *place or not in all of the places required by this section is *nevertheless effective with regard to any collateral as to which *the filing complied with the requirements of this article and is *also effective with regard to collateral covered by the *financing statement against any person who has knowledge of the *contents of such financing statement.
* (3) A filing which is made in the proper place in this *state continues effective even though the debtor's residence in *this state or the use of the collateral, whichever controlled *the original filing, is thereafter changed.
* (4) The rules stated in section 336.9-103 determine whether *filing is necessary in this state.
* (5) Notwithstanding the preceding subsections, the proper *place to file in order to perfect a security interest in *collateral, including fixtures, of a transmitting utility is the *office of the secretary of state. Such a filing shall not be *deemed a separate filing from the filings required by other *laws, if applicable, set forth in subsection (3) of section *336.9-302. This filing constitutes a fixture filing (section *336.9-313) as to the collateral described therein which is or is *to become fixtures.
* (6) For the purposes of this section, the residence of an *organization is its place of business if it has one or its chief *executive office if it has more than one place of business.
* (7) "Motor vehicle" means any device propelled or drawn by *any power other than muscular power in, upon, or by which any *person or property is or may be transported or drawn upon a *highway, excepting building and road construction equipment and *vehicles that are inventory of licensed dealers."
Official Publication of the State of Minnesota
Revisor of Statutes