1999 Minnesota Statutes

     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.  

    HIST: 1965 c 811 s 336.9-401; 1976 c 135 s 24; 1976 c 181 s 2; 
 1983 c 374 s 18; 1984 c 618 s 46; 1999 c 105 s 2