PART 5
FILING
SUBPART 1
FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT
(1) Except as otherwise provided in subsection (2), if the local law of this State governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is:
(a) The registry of deeds for the county in which the related real property is located, if:
(i) The collateral is as-extracted collateral or timber to be cut; or
(ii) The financing statement is recorded as a fixture filing and the collateral is goods that are or are to become fixtures; or
(b) The office of the Secretary of State, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.
(2) The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the Secretary of State. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement that is or is to become fixtures.
§9-1502. Contents of financing statement; record of mortgage as financing statement; time of filing financing statement
(1) Subject to subsection (2), a financing statement is sufficient only if it:
(a) Provides the name of the debtor;
(b) Provides the name of the secured party or a representative of the secured party; and
(c) Indicates the collateral covered by the financing statement.
(2) Except as otherwise provided in section 9-1501, subsection (2), to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or which is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy subsection (1) and also:
(a) Indicate that it covers this type of collateral;
(b) Indicate that it is to be recorded in the real property records;
(c) Provide a description of the real property to which the collateral is related; and
(d) If the debtor does not have an interest of record in the real property, provide the name of a record owner.
(3) A record of a mortgage is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if:
(a) The record indicates the goods or accounts that it covers;
(b) The goods are or are to become fixtures related to the real property described in the record or the collateral is related to the real property described in the record and is as-extracted collateral or timber to be cut;
(c) The record satisfies the requirements for a financing statement in this section other than an indication that it is to be recorded in the real property records; and
(d) The record is recorded.
(4) A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.
§9-1503. Name of debtor and secured party
(1) A financing statement sufficiently provides the name of the debtor:
(a) If the debtor is a registered organization, only if the financing statement provides the name of the debtor indicated on the public record of the debtor's jurisdiction of organization that shows the debtor to have been organized;
(b) If the debtor is a decedent's estate, only if the financing statement provides the name of the decedent and indicates that the debtor is an estate;
(c) If the debtor is a trust or a trustee acting with respect to property held in trust, only if the financing statement:
(i) Provides the name specified for the trust in its organic documents or, if no name is specified, provides the name of the settlor and additional information sufficient to distinguish the debtor from other trusts having one or more of the same settlors; and
(ii) Indicates, in the debtor's name or otherwise, that the debtor is a trust or is a trustee acting with respect to property held in trust; and
(d) In other cases:
(i) If the debtor has a name, only if it provides the individual or organizational name of the debtor; and
(ii) If the debtor does not have a name, only if it provides the names of the partners, members, associates or other persons comprising the debtor.
(2) A financing statement that provides the name of the debtor in accordance with subsection (1) is not rendered ineffective by the absence of:
(a) A trade name or other name of the debtor; or
(b) Unless required under subsection (1), paragraph (d), subparagraph (ii), names of partners, members, associates or other persons comprising the debtor.
(3) A financing statement that provides only the debtor's trade name does not sufficiently provide the name of the debtor.
(4) Failure to indicate the representative capacity of a secured party or representative of a secured party does not affect the sufficiency of a financing statement.
(5) A financing statement may provide the name of more than one debtor and the name of more than one secured party.
§9-1504. Indication of collateral
A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:
(1) A description of the collateral pursuant to section 9-1108;
(2) An indication that the financing statement covers all assets or all personal property; or
(3) An indication by the type of collateral defined in this Title, irrespective of whether such an indication would make possible the identification of the collateral in the manner necessary for a sufficient description pursuant to section 9-1108.
§9-1505. Filing and compliance with other statutes and treaties for consignments, leases, other bailments and other transactions
(1) A consignor, lessor, or other bailor of goods, a licensor or a buyer of a payment intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in section 9-1311, subsection (1), using the terms "consignor," "consignee," "lessor," "lessee," "bailor," "bailee," "licensor," "licensee," "owner," "registered owner," "buyer" or "seller," or words of similar import, instead of the terms "secured party" and "debtor."
(2) This part applies to the filing of a financing statement under subsection (1) and, as appropriate, to compliance that is equivalent to filing a financing statement under section 9-1311, subsection (2), but the filing or compliance is not of itself a factor in determining whether the collateral secures an obligation. If it is determined for another reason that the collateral secures an obligation, a security interest held by the consignor, lessor, bailor, licensor, owner or buyer that attaches to the collateral is perfected by the filing or compliance.
§9-1506. Effect of errors or omissions
(1) A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading.
(2) Except as otherwise provided in subsection (3), a financing statement that fails sufficiently to provide the name of the debtor in accordance with section 9-1503, subsection (1) is seriously misleading.
(3) If a search of the records of the filing office under the debtor's correct name, using the filing office's standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with section 9-1503, subsection (1), the name provided does not make the financing statement seriously misleading.
(4) For purposes of section 9-1508, subsection (2), the "debtor's correct name" in subsection (3) means the correct name of the new debtor.
§9-1507. Effect of certain events on effectiveness of financing statement
(1) A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition.
(2) Except as otherwise provided in subsection (3) and section 9-1508, a financing statement is not rendered ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under section 9-1506.
(3) If a debtor changes its name, then a financing statement filed under the debtor's former name prior to the effective date of the name change remains effective to perfect a security interest to the same extent as if that financing statement was amended to provide the debtor's new name even if the previously filed financing statement would otherwise become seriously misleading under section 9-1506. In such circumstances, the previously filed financing statement may be continued under the debtor's prior name, but such continuation is not effective to perfect a security interest in property acquired more than 4 months after such continuation is filed, unless an amendment that renders the financing statement not seriously misleading is filed within the 4-month period.
§9-1508. Effectiveness of financing statement if new debtor becomes bound by security agreement
(1) Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral.
(2) If the new debtor is a registered organization and becomes subject to a security interest pursuant to section 9-1203, subsection (4) by reason of a merger, consolidation or a change in the form of entity of the original debtor that is reflected in the public records relating to the new debtor's organization maintained by the governmental unit referenced in section 9-1102, subsection (73), then a financing statement filed under the original debtor's former name before the effective date of the merger, consolidation or change in the form of entity remains effective to perfect a security interest in collateral acquired by the new debtor to the same extent as if that financing statement was amended to provide the new debtor's name even if the difference between the new debtor's name and that of the original debtor causes a filed financing statement that is effective under subsection (1) to become seriously misleading only if the place to file a financing statement against the new debt or for such collateral is, pursuant to Part 3 of this Article, the same jurisdiction in which the financing statement against the original debtor is filed. In all other instances, if the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under subsection (1) to be seriously misleading under section 9-1506:
(a) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within 4 months after, the new debtor becomes bound under section 9-1203, subsection (4); and
(b) The financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than 4 months after the new debtor becomes bound under section 9-1203, subsection (4) unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time.
(3) This section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under section 9-1507, subsection (1).
§9-1509. Persons entitled to file a record
(1) A person may file an initial financing statement, amendment that adds collateral covered by a financing statement or amendment that adds a debtor to a financing statement only if:
(a) The debtor authorizes the filing in an authenticated record or pursuant to subsection (2) or (3); or
(b) The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
(2) By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
(a) The collateral described in the security agreement; and
(b) Property that becomes collateral under section 9-1315, subsection (1), paragraph (b), whether or not the security agreement expressly covers proceeds.
(3) By acquiring collateral in which a security interest or agricultural lien continues under section 9-1315, subsection 1, paragraph (a), a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under section 9-1315, subsection (1), paragraph (b).
(4) A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:
(a) The secured party of record authorizes the filing; or
(b) The amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by section 9-1513, subsection (1) or (3), the debtor authorizes the filing and the termination statement indicates that the debtor authorized it to be filed.
(5) If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection (4).
§9-1510. Effectiveness of filed record
(1) A filed record is effective only to the extent that it was filed by a person that may file it under section 9-1509.
(2) A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record.
(3) A continuation statement that is not filed within the 6-month period prescribed by section 9-1515, subsection (4) is ineffective.
§9-1511. Secured party of record
(1) A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under section 9-1514, subsection (1), the assignee named in the initial financing statement is the secured party of record with respect to the financing statement.
(2) If an amendment of a financing statement that provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under section 9-1514, subsection (2), the assignee named in the amendment is a secured party of record.
(3) A person remains a secured party of record until the filing of an amendment of the financing statement that deletes the person.
§9-1512. Amendment of financing statement
(1) Subject to Section 9-1509, a person may add or delete collateral covered by, continue or terminate the effectiveness of or, subject to subsection (5), otherwise amend the information provided in a financing statement by filing an amendment that:
(a) Identifies, by its file number, the initial financing statement to which the amendment relates; or
(b) If the amendment relates to an initial financing statement recorded in the county registry of deeds, provides the book and page at which the initial financing statement was recorded.
(2) Except as otherwise provided in section 9-1515, the filing of an amendment does not extend the period of effectiveness of the financing statement.
(3) A financing statement that is amended by an amendment that adds collateral is effective as to the added collateral only from the date of the filing of the amendment.
(4) A financing statement that is amended by an amendment that adds a debtor is effective as to the added debtor only from the date of the filing of the amendment.
(5) An amendment is ineffective to the extent it:
(a) Purports to delete all debtors and fails to provide the name of a debtor to be covered by the financing statement; or
(b) Purports to delete all secured parties of record and fails to provide the name of a new secured party of record.
§9-1513. Termination statement
(1) A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and:
(a) There is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation or otherwise give value; or
(b) The debtor did not authorize the filing of the initial financing statement.
(2) To comply with subsection (1), a secured party shall cause the secured party of record to file the termination statement:
(a) Within 60 days after there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation or otherwise give value; or
(b) If earlier, within 20 days after the secured party receives an authenticated demand from a debtor.
(3) In cases not governed by subsection (1), within 20 days after a secured party receives an authenticated demand from a debtor, the secured party shall cause the secured party of record for a financing statement to send to the debtor a termination statement for the financing statement or file the termination statement in the filing office if:
(a) Except in the case of a financing statement covering accounts or chattel paper that has been sold or goods that are the subject of a consignment, there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation or otherwise give value;
(b) The financing statement covers accounts or chattel paper that has been sold but as to which the account debtor or other person obligated has discharged its obligation;
(c) The financing statement covers goods that were the subject of a consignment to the debtor but are not in the debtor's possession; or
(d) The debtor did not authorize the filing of the initial financing statement.
(4) Except as otherwise provided in section 9-1510, upon the filing of a termination statement with the filing office, the financing statement to which the termination statement relates ceases to be effective. Except as otherwise provided in section 9-1510, for purposes of section 9-1519, subsection (7), section 9-1522, subsection (1) and section 9-1523, subsection (3), the filing with the filing office of a termination statement relating to a financing statement that indicates that the debtor is a transmitting utility also causes the effectiveness of the financing statement to lapse.
§9-1514. Assignment of powers of secured party of record
(1) Except as otherwise provided in subsection (3), an initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party.
(2) Except as otherwise provided in subsection (3), a secured party of record may assign of record all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement that:
(a) Identifies, by its file number, the initial financing statement to which it relates;
(b) Provides the name of the assignor; and
(c) Provides the name and mailing address of the assignee.
(3) An assignment of record of a security interest in a fixture covered by a record of a mortgage that is effective as a financing statement recorded as a fixture filing under section 9-1502, subsection (3) may be made only by an assignment of record of the mortgage in the manner provided by the laws of this State other than this Title.
§9-1515. Duration and effectiveness of financing statement; effect of lapsed financing statement
(1) Except as otherwise provided in subsections (2), (5), (6) and (7), a filed financing statement is effective for a period of 5 years after the date of filing.
(2) Except as otherwise provided in subsections (5), (6) and (7), an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of 30 years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction.
(3) The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (4). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value.
(4) A continuation statement may be filed only within 6 months before the expiration of the 5-year period specified in subsection (1) or the 30-year period specified in subsection (2), whichever is applicable.
(5) Except as otherwise provided in section 9-1510, upon timely filing of a continuation statement the effectiveness of the initial financing statement continues for a period of 5 years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the 5-year period, the financing statement lapses in the same manner as provided in subsection (3), unless, before the lapse, another continuation statement is filed pursuant to subsection (4). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.
(6) If a debtor is a transmitting utility and a filed financing statement so indicates, the financing statement is effective until a termination statement is filed.
(7) A record of a mortgage that is effective as a financing statement recorded as a fixture filing under section 9-1502, subsection (3) remains effective as a financing statement recorded as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property.
§9-1516. What constitutes filing; effectiveness of filing
(1) Except as otherwise provided in subsection (2), communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.
(2) Filing does not occur with respect to a record that a filing office refuses to accept because:
(a) The record is not communicated by a method or medium of communication authorized by the filing office;
(b) An amount equal to or greater than the applicable filing fee is not tendered;
(c) The filing office is unable to index the record because:
(i) In the case of an initial financing statement, the record does not provide a name for the debtor;
(ii) In the case of an amendment or correction statement, the record:
(A) Does not identify the initial financing statement as required by sec-tion 9-1512 or 9-1518, as applicable; or
(B) Identifies an initial financing statement whose effectiveness has lapsed under section 9-1515;
(iii) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual that was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's last name; or
(iv) In the case of a record recorded in the county registry of deeds, the record does not provide a sufficient description of the real property to which it relates;
(d) In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;
(e) In the case of an initial financing statement or an amendment that provides a name of a debtor that was not previously provided in the financing statement to which the amendment relates, the record does not:
(i) Provide a mailing address for the debtor;
(ii) Indicate whether the debtor is an individual or an organization; or
(iii) If the financing statement indicates that the debtor is an organization, provide:
(A) A type of organization for the debtor;
(B) A jurisdiction of organization for the debtor; or
(C) An organizational identification number for the debtor or indicate that the debtor has none;
(f) In the case of an assignment reflected in an initial financing statement under section 9-1514, subsection (1) or an amendment filed under section 9-1514, subsection (2), the record does not provide a name and mailing address for the assignee; or
(g) In the case of a continuation statement, the record is not filed within the 6-month period prescribed by section 9-1515, subsection (4).
(3) For purposes of subsection (2):
(a) A record does not provide information if the filing office is unable to read or decipher the information; and
(b) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by section 9-1512, 9-1514 or 9-1518, is an initial financing statement.
(4) A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection (2), is effective as a filed record except as against a purchaser of the collateral that gives value in reasonable reliance upon the absence of the record from the files.
§9-1517. Effect of indexing errors
The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.
§9-1518. Claim concerning inaccurate or wrongfully filed record
(1) A person may file in the filing office a correction statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed.
(2) A correction statement must:
(a) Identify the record to which it relates by:
(i) The file number assigned to the initial financing statement to which the record relates; and
(ii) If the correction statement relates to a record recorded in the county registry of deeds, the date and time that the initial financing statement was recorded and the information specified in section 9-1502, subsection (2);
(b) Indicate that it is a correction statement; and
(c) Provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.
(3) The filing of a correction statement does not affect the effectiveness of an initial financing statement or other filed record.
SUBPART 2
DUTIES AND OPERATION OF FILING OFFICE
§9-1519. Numbering, maintaining and indexing records; communicating information provided in records
(1) For each record filed in a filing office, the filing office shall:
(a) Assign a unique number to the filed record;
(b) Create a record that bears the number assigned to the filed record and the date and time of filing;
(c) Maintain the filed record for public inspection; and
(d) Index the filed record in accordance with subsections (3), (4) and (5).
(2) A file number assigned after January 1, 2002 must include a digit that:
(a) Is mathematically derived from or related to the other digits of the file number; and
(b) Aids the filing office in determining whether a number communicated as the file number includes a single-digit or transpositional error.
(3) Except as otherwise provided in subsections (4) and (5), the filing office shall:
(a) Index an initial financing statement according to the name of the debtor and index all filed records relating to the initial financing statement in a manner that associates with one another an initial financing statement and all filed records relating to the initial financing statement; and
(b) Index a record that provides a name of a debtor that was not previously provided in the financing statement to which the record relates also according to the name that was not previously provided.
(4) If a financing statement is recorded as a fixture filing or covers as-extracted collateral or timber to be cut, it must be recorded and the filing office shall index it:
(a) Under the names of the debtor and of each owner of record shown on the financing statement as if they were the mortgagors under a mortgage of the real property described; and
(b) To the extent that the law of this State provides for indexing of records of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee thereunder, or, if indexing is by description, as if the financing statement were a record of a mortgage of the real property described.
(5) If a financing statement is recorded as a fixture filing or covers as-extracted collateral or timber to be cut, the filing office shall index an assignment recorded under section 9-1514, subsection (1) or an amendment recorded under section 9-1514, subsection (2):
(a) Under the name of the assignor as grantor; and
(b) To the extent that the law of this State provides for indexing a record of the assignment of a mortgage under the name of the assignee, under the name of the assignee.
(6) The filing office shall maintain a capability:
(a) To retrieve a record by the name of the debtor and:
(i) If the filing office is the county registry of deeds, by the file number assigned to the initial financing statement to which the record relates and the date and time that the record was recorded; or
(ii) If the filing office is the office of the Secretary of State, by the file number assigned to the initial financing statement to which the record relates; and
(b) To associate and retrieve with one another an initial financing statement and each filed record relating to the initial financing statement.
(7) The filing office may not remove a debtor's name from the index until one year after the effectiveness of a financing statement naming the debtor lapses under section 9-1515 with respect to all secured parties of record.
(8) The filing office shall perform the acts required by subsections (1) to (5) at the time and in the manner prescribed by filing-office rule, but not later than 2 business days after the filing office receives the record in question.
(9) Subsections (2) and (8) do not apply to a county registry of deeds.
§9-1520. Acceptance and refusal to accept record
(1) A filing office shall refuse to accept a record for filing for a reason set forth in section 9-1516, subsection (2) and may refuse to accept a record for filing only for a reason set forth in section 9-1516, subsection (2).
(2) If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule but, in the case of the office of the Secretary of State, in no event more than 2 business days after the filing office receives the record.
(3) A filed financing statement satisfying section 9-1502, subsection (1) and (2) is effective even if the filing office is required to refuse to accept it for filing under subsection (1). However, section 9-1338 applies to a filed financing statement providing information described in section 9-1516, subsection (2), paragraph (e) that is incorrect at the time the financing statement is filed.
(4) If a record communicated to a filing office provides information that relates to more than one debtor, this part applies to each debtor separately.
§9-1521. Uniform form of written financing statement and amendment
(1) A filing office that accepts written records may not refuse to accept a written initial financing statement in the following form and format except for a reason set forth in section 9-1516, subsection (2):
(2) A filing office that accepts written records may not refuse to accept a written record in the following form and format except for a reason set forth in section 9-1516, subsection (2):
(3) A form that a filing office may not refuse to accept under subsection (1) or (2) must conform to the format prescribed for the form by the National Conference of Commissioners on Uniform State Laws.
§9-1522. Maintenance and destruction of records
(1) The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under section 9-1515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and:
(a) If the record was recorded in the county registry of deeds, by using the file number assigned to the initial financing statement to which the record relates and the date and time that the record was recorded; or
(b) If the record was filed in the office of the Secretary of State, by using the file number assigned to the initial financing statement to which the record relates.
(2) Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement that complies with subsection (1).
§9-1523. Information from filing office; sale or license of records
(1) If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to section 9-1519, subsection (1), paragraph (a) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:
(a) Note upon the copy the number assigned to the record pursuant to section 9-1519, subsection (1), paragraph (a) and the date and time of the filing of the record; and
(b) Send the copy to the person.
(2) If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:
(a) The information in the record;
(b) The number assigned to the record pursuant to section 9-1519, subsection (1), paragraph (a); and
(c) The date and time of the filing of the record.
(3) The filing office shall communicate or otherwise make available in a record the following information to any person that requests it:
(a) Whether there is on file on a date and time specified by the filing office, but not a date earlier than 3 business days before the filing office receives the request, any financing statement that:
(i) Designates a particular debtor;
(ii) Has not lapsed under section 9-1515 with respect to all secured parties of record; and
(iii) If the request so states, has lapsed under section 9-1515 and a record of which is maintained by the filing office under section 9-1522, subsection (1);
(b) The date and time of filing of each financing statement; and
(c) The information provided in each financing statement.
(4) In complying with its duty under subsection (3), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing its written certificate.
(5) The filing office shall perform the acts required by subsections (1) to (4) at the time and in the manner prescribed by filing-office rule, but, in the case of the office of the Secretary of State, not later than 2 business days after the filing office receives the request.
(6) At least weekly, the office of the Secretary of State shall offer to sell or license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under this Part, in every medium from time to time available to the filing office.
(7) The requirements of this section do not apply to information obtained from the registry to deeds.
§9-1524. Delay by filing office
Delay by the filing office beyond a time limit prescribed by this part is excused if:
(1) The delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment or other circumstances beyond control of the filing office; and
(2) The filing office exercises reasonable diligence under the circumstances.
(1) Except as otherwise provided in subsections (2), (5) and (6), the fee for filing and indexing a record under this Part, other than an initial financing statement of the kind described in subsection (2) is:
(a) Twenty dollars if the record is communicated in writing and consists of one or 2 pages;
(b) Forty dollars if the record is communicated in writing and consists of more than 2 pages; and
(c) Ten dollars if the record is communicated by another medium authorized by filing-office rule.
(2) Except as otherwise provided in subsections (5) and (6), the fee for filing and indexing an initial financing statement of the kind described in section 9-1515, subsection (2) is:
(a) Sixty dollars if the financing statement indicates that it is filed in connection with a public-finance transaction; and
(b) Sixty dollars if the financing statement indicates that it is filed in connection with a manufactured-home transaction.
(3) The number of names required to be indexed does not affect the amount of the fee in subsections (1) and (2).
(4) The fee for responding to a request for information from the filing office, including for communicating whether there is on file any financing statement naming a particular debtor, is:
(a) Twenty dollars if the request is communicated in writing; and
(b) Ten dollars if the request is communicated by another medium authorized by filing-office rule.
(5) This section does not require a fee with respect to a record of a mortgage that is effective as a financing statement recorded as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under section 9-1502, subsection (3). However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.
(6) This section does not apply to the fees with respect to recording documents in the registry of deeds. Fees for recording in the registry of deeds are set forth in Title 33, section 751.
(1) The Secretary of State shall adopt and publish rules to implement this Article. The filing-office rules must be:
(a) Consistent with this Article; and
(b) Adopted and published in accordance with Title 5, chapter 375.
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
(2) To keep the filing-office rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this part and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this part, the Secretary of State, so far as is consistent with the purposes, policies and provisions of this Article, in adopting, amending and repealing filing-office rules, shall:
(a) Consult with filing offices in other jurisdictions that enact substantially this part; and
(b) Consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization; and
(c) Take into consideration the rules and practices of and the technology used by filing offices in other jurisdictions that enact substantially this part.
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