Revised Article 9 Timeline and Explanation of Duties-Quick Reference
July 1, 2001 RA9 takes effect
- A. Under RA9, UCC-1s are called "Financing Statements."
- B. Under RA9, UCC-3s are called "Amendments."
- Where to file a UCC document
- The place to file a FINANCING STATEMENT (UCC-1) remains the same as it did before RA9. There is one exception: if the financing statement deals with "consumer goods," then it should be filed with the Secretary of State.
- The place to file an AMENDMENT (UCC-3) remains the same as before RA9.
- There is one exception: If the AMENDMENT (UCC-3) deals with "consumer goods" and it is an amendment, continuation, or assignment of a UCC-1 which is at the county recorder's office, the filing should be made with the Secretary of State.
- If the AMENDMENT (UCC-3) is a termination dealing with consumer goods filed at the county level (i.e. before July 1, 2001), it should be filed with the county recorder.
- Filing Requirements
- National Form must be accepted (8 1/2" x 11").
- Minimum information required for filing includes 1)Debtor name, 2) Secured party name or representative, and 3) indication of the collateral to be covered.
- Fixture filings and other non-UCC filings
- County offices permanently continue to accept fixture filings.
- Fixture filings will be submitted using the national form.
- See sections 5 and 6 of the National Form and section 13 of the Addendum.
- Searches shall include all filings that have not lapsed.
- If requested, all lapsed filings must be given up to one year past the lapse date.
- Searches shall include even those filings that have been terminated.
- There is a National Form to be used for searches.
- Under RA9, a filing may only be rejected for certain, specific reasons.
- Initial filings or amendments 1 or 2 pages in length: $4
- Initial filings or amendments more than 2 pages in length: $8
- Additional debtor names: no additional fee
- Filings performed via the SoS web interface: no statutory fee
- Search fee per debtor name searched on (including all copies given): $5
- Search performed using the SoS web interface: no statutory fee
- County offices permanently continue to accept fixture filings and other non-UCC filings (see sections 5 and 6 of the national form and section 13 of the addendum to the national form).
- All financing statements (UCC-1s) should be filed at the Secretary of State's office.
- All Amendments (UCC-3s) should be filed at the Secretary of State's office.
- All remaining financing statements covering consumer goods on file at the county level lapse.
- All remaining financing statements with farm products as collateral on file at the county level lapse.