Chapter 111-11 UCC Filings, Fees, and Records

111-11-01 Definitions.

Terms used in rules in this chapter but not defined in this chapter that are defined in the Uniform Commercial Code (UCC) shall have the respective meanings accorded such terms in the UCC.

(A) Active Record. "Active Record" means a UCC record that has been stored in the UCC information management system and indexed in, but not yet removed from, the Searchable Indexes.

(B) Address. "Address" means either (1) a street address, route number (may include box) or PO box number plus the city, state and zip code, or (2) an address that purports to be a mailing address outside the United States of America.

(C) Amendment. "Amendment" means a UCC record that amends the information contained in a financing statement. Amendments include assignments, continuations and terminations.

(D) Assignment. "Assignment" is an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement.

(E) Correction statement. "Correction statement" means a UCC record that indicates that a financing statement is inaccurate or wrongfully filed.

(F) Filing office and filing officer. "Filing office" and "filing officer" mean the office of the Ohio secretary of state.

(G) Filing officer statement. "Filing officer statement" means a statement entered into the filing office's information system to correct an error by the filing office.

(H) Initial financing statement. " Initial financing statement" means a UCC record that causes the filing office to establish the initial record of filing of a financing statement.

(I) Remitter. "Remitter" means a person who tenders a UCC record to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. "Remitter" does not include a person responsible merely for the delivery of the record to the filing office, such as the postal service or a courier service but does include as service provider who acts as a filer's representative in the filing process.

(J) Searchable indexes. "Searchable indexes" means the searchable index of individual debtor names and the searchable index of organization debtor names maintained in the UCC information management system.

(K) Secured party of record. "Secured party of record" includes a secured party of record as defined in section 1309.511 of the Revised Code. As well as person who has been a secured party of record with respect to whom an amendment has been filed purporting to delete them as a secured party of record.

(L) UCC. "UCC" means the Uniform Commercial Code as adopted in this state.

(M) UCC information management system. "UCC information management system" means the information management system used by the filing office to store, index, and retrieve information relating to financing statements as described in this chapter.

(N) UCC record. "UCC record" means an initial financing statement, an amendment, an assignment, a continuation, a termination statement, a filing officer statement or a correction statement, and includes a record thereof maintained by the filing office. The term shall not be deemed to refer exclusively to paper or paper-based writings.

(O) Unlapsed record. "Unlapsed record" means a UCC record that has been stored and indexed in the UCC information management system, which has not yet lapsed under section 1309.515 of the Revised Code with respect to all secured parties of record.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.102 , 1309.511 , 1309.512 , 1309.518 , 1309.519
Prior Effective Dates: 7-3-01 (Emer.); 9-20-01

111-11-02 Means to deliver UCC records; time of filing.

UCC records may be tendered for filing at the filing office as follows.

(A) Personal delivery by remitter, at the filing office's street address. The file date for a UCC record delivered by this method is when delivery of the UCC record is taken by the filing office (even though the UCC record may not yet have been accepted for filing and subsequently may be rejected). This rule applies only to a remitter who tenders a UCC record to the filing office and awaits an immediate determination of whether or not the UCC record will be taken or not.

(B) Courier delivery by a person other than a remitter, at the filing office's street address. The file time for a UCC record delivered by this method is, notwithstanding the time of delivery, at the earlier of the time the UCC record is first examined by a filing officer for processing (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected), or the next close of business following the time of delivery. This rule does not apply to a courier who is acting as an agent of the remitter and who tenders a UCC record to the filing office and awaits an immediate determination of whether or not the UCC record will be taken or not under paragraph (A) of rule 101-11-02 of the Administrative Code.

A UCC record delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business.

(C) Postal service delivery, to the filing office's mailing address. The file time for a UCC record delivered by this method is the next close of business following the time of delivery (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected). A UCC record delivered after regular business hours or on a day the filing office is not open for business, such as the Friday after thanksgiving, will have a filing date on the next day the filing office is open for business.

(D) Electronic mail and telefacsimile delivery, to the filing office's e-mail address or the filing office's fax filing telephone number. The file time for a UCC record delivered by this method is, notwithstanding the time of delivery, at the earlier of the time the UCC record is first examined by a filing officer for processing (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected), or the next close of business following the time of delivery.

A UCC record delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business.

(E) Electronic filing. UCC records may be transmitted electronically using the XML format approved by the international association of commercial administrators. At the request of an authorized XML remitter, the filing officer shall identify which versions and releases of the XML format are acceptable to the filing office. The filing office publishes an implementation guide that prescribes the use of the XML format. The implementation guide shall be available to the public upon request. The file time for a UCC record delivered by this method is the time that the filing office's UCC information management system analyzes the relevant transmission and determines that all the required elements of the transmission have been received in a required format and are machine-readable.

(F) Direct web page data entry. UCC records may be delivered by on-line data entry using the filing office's website on the internet. Website data entry and payment procedures are available as provided at www.sos.state.oh.us. The file time for a UCC record delivered by this method is the time the entry of all required elements of the UCC record in the proper format is acknowledged by the on-line entry system.

(G) Means of communication. Regardless of the method of delivery, information in UCC records may be communicated to the filing office only in the form of characters that are included in [the American standard code for information interchange character set, as more particularly described in ISO-14962-1997 and ANSI-X 3.4 -1986(R1997)]. A financing statement or amendment form that does not designate separate fields for organization and individual names, and separate fields for first middle and last names and suffixes for individual names is not an acceptable means of communication to the filing office.

(H) Transmitting utility, manufactured-home and public-finance transactions. The only means to indicate to the filing office that an initial financing statement is being filed in connection with a manufactured-home or public-finance transaction, or that a financing statement is being filed in connection with a manufactured-home or public-finance transaction, or that a financing statement is being or has been filed against a debtor that is transmitting utility, in order to affect the filing office's determination of the lapse date under rule 111-11-36 or 111-11-37 of the Administrative Code, is to so indicate by checking the appropriate box on a UCC1 addendum filed with respect to the financing statement or by transmitting the requisite information in the proper field in an electronic filing that is such initial financing statement or is part of such financing statement.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.501
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01

111-11-03 Search request delivery.

UCC search requests may be delivered to the filing office by any of the means by which UCC records may be delivered to the filing office. A search request for a debtor named on an initial financing statement may be made on the initial financing statement form if the form is accepted and the relevant search fee is also tendered .

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.523
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01

111-11-04 Forms.

The forms prescribed by section 1309.521 of the Revised Code shall be accepted by the filing office. Paper-based forms approved by the international association of commercial administrators shall be accepted. A list of forms approved by the filing office will be made available on request.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526 , 1309.521
Rule Amplifies: 1309.521
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-05 Methods of payment.

Filing fees and fees for public records services may be paid by the following methods.

(A) Cash. Payment in cash shall be accepted if paid in person at the filing office.

(B) Checks. Personal checks, cashier's checks and money orders made payable to the filing office shall be accepted for payment provided that the drawer (or the issuer in the case of a cashier's check or money order) is deemed creditworthy by the filing office in its discretion.

(C) Electronic funds transfer. The filing office may accept payment via electronic funds transfer under national automated clearing house association (NACHA)_rules from remitters who have entered into appropriate NACHA - approved arrangements for such transfers and who authorize the relevant transfer pursuant to such arrangements and rules.

(D) Prepayment account. A remitter may open an account for prepayment of fees by submitting an application prescribed by the filing officer and prepaying an amount not less than five hundred dollars. The filing officer shall issue an account number to be used by a remitter who chooses to pay filing fees by this method. The filing officer shall deduct filing fees from the remitter's prepaid account when authorized to do so by the remitter.

(E) Debit and credit cards. The filing office may accept payment by debit and credit cards issued by approved debit card issuers. Remitters shall provide the filing officer with the card number, the expiration date of the card, the name of the card issuer, the name of the person or entity to whom the card was issued and the billing address for the card. Payment will not be deemed tendered until the issuer or its agent has confirmed payment.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 111.16 , 111.18
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-06 Overpayment and underpayment policies.

(A) Overpayment. The filing officer shall refund the amount of an overpayment exceeding ten dollars to the remitter.

(B) Underpayment. Upon receipt of a record with an insufficient fee, the filing officer shall do one of the following.

(1) A notice of the deficiency shall be sent to the remitter and the UCC record shall be held for receipt of the fee. Upon receipt of the fee , the UCC record shall be filed as of the time and date of receipt of the full filing fee If the fee is not received within ten days of the date of the notice, the UCC record shall be returned to the remitter with a written explanation for the refusal to accept the UCC record; or

(2) The UCC record shall be returned to the remitter as provided in rule 111-11-23 of the Administrative Code. A refund may be included with the record or delivered under separate cover.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 111.16 , 1309.516
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-07 Public records services.

Public records services are provided on a non-discriminatory basis to any member of the public. Copies of individual UCC records, bulk copies of records and data elements from the filing offices UCC information management system are made available in such forms, at such times and for such fees as the filing office may prescribe from time to time on the terms described in this chapter. The following methods are available for obtaining copies of UCC records and copies of data from the UCC information management system.

(A) Individually identified records. Copies of individually identified UCC records are available in the following forms: paper and portable document file (PDF) format on the filing office's web site.

(B) Bulk copies of records. Bulk copies of UCC records are available in the following form: CD-ROM.

(C) Data from the information management system. A list of available data elements from the UCC information management system, and the file layout of the data elements, is available from the filing officer upon request. Data from the information management system is available as follows.

(1) Full extract. A bulk data extract of information from the UCC information management system is available on a weekly basis.

(2) Format. Extracts from the UCC information management system are available in the following format: CD-ROM.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526 , 1309.523
Rule Amplifies: 1309.523
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-20 Role of the filing officer.

The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a UCC record pursuant to this chapter, the filing officer does not determine the legal sufficiency or insufficiency of a record, determine that information in the record is correct or incorrect, in whole or in part, or create a presumption that information in the UCC record is correct or incorrect, in whole or in part.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519 , 1309.520
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01

111-11-21 Time for filing a continuation statement.

(A) First day permitted. The first day on which a continuation may be filed is the date corresponding to the date upon which the related financing statement would lapse, six months preceding the month in which the financing statement would lapse. If there is no such corresponding date the first day on which a continuation may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse. The foregoing rule is subject to the ability of the filing office to take delivery of the continuation statement as tendered and to rule 111-11-02 of the Administrative Code.

(B) Last day permitted. The last day on which a continuation may be filed is the date upon which the financing statement lapses. The foregoing rule is subject to the ability of the filing office to take delivery of the continuation statement as tendered and to rule 111-11-02 of the Administrative Code.Accordingly, the time of filing of the continuation statement under rule 111-11-02 of the Administrative Codemust be on or prior to such last day and delivery by certain means of communication may not be available on such last day if the filing office is not open for business on such day.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526 , 1309.510 , 1309.515
Rule Amplifies: 1309.510 , 1309.515
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01

111-11-22 Grounds for refusal.

In determining under section 1309.516 of the Revised Code whether or not there is one or more grounds to refuse a UCC record, the filing office will refuse a record that does not provide an address that meets the minimum requirements for an address as set forth in this chapter.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526 , 1309.516
Rule Amplifies: 1309.516
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-23 Procedure upon refusal.

Except as provided in rule 111-11-06 of the Administrative Code, if the filing officer finds grounds to refuse a UCC record, the filing officer shallrefund the filing fee. Communication of the refusal, the reason(s)_for the refusal and other related information will be made to the remitter as soon as practicable and in any event within two business days after the refused UCC record was received by the filing office, by the same means as the means by which such UCC record was delivered to the filing office, or by mail or such more expeditious means as the filing office shall determine. Records of refusal, including a copy of the refused UCC record and the ground(s) for refusal, shall be maintained until the first anniversary of the lapse date that applies or would have applied to the related financing statement, assuming that the refused record had been accepted and filed.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526 , 1309.516
Rule Amplifies: 1309.516
Prior Effective Dates: 7/3/01 (Emer.), 2/23/02.

111-11-24 Notification of defects.

Nothing in this chapter prevents a filing officer from communicating to a filer or a remitter that the filing officer noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing. However, the filing office is under no obligation to do so and may not, in fact, have the resources to do so or to identify such defects. The responsibility for the legal effectiveness of filing rests with filers and remitters and the filing office bears no responsibility for such effectiveness.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.516 , 1309.520
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-25 Refusal errors.

If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC record that was refused for filing should not have been the filing officer will file the UCC record with the filing date and time the UCC record was originally tendered for filing. A filing officer statement record relating to the relevant initial financing statement will be placed in the information management system on the date that the corrective action was taken. The filing officer statement must provide the date of the correction and explain the nature of the corrective action taken. The record shall be preserved for so long as the record of the initial financing statement is preserved in the information management system.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.516 , 1309.520
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-30 Information management system - general.

The filing officer uses an information management system to store, index, and retrieve information relating to financing statements. The information management system includes an index of the names of debtors included on financing statements that are active records. The rules in this chapter describe the information management system.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526 , 1309.519
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-31 Primary data elements.

The primary data elements used in the UCC information management system are the following.

(A) Identification numbers

(1) Each initial financing statement is identified by its file number. Identification of the initial financing statement is stamped on written UCC records or otherwise permanently associated with the record maintained for UCC records in the UCC information management system. A record is created in the information management system for each initial financing statement and all information comprising such record is maintained in the system. The record is identified by the same information assigned to the initial financing statement.

(2) A UCC record other than an initial financing statement is identified by a unique file number assigned by the filing officer. In the information management system, records of all UCC records other than initial financing statements are linked to the record of their related initial financing statement.

(B) Type of record. The type of UCC record from which data is transferred is identified in the information management system from information supplied by the remitter.

(C) Filing date and filing time. The filing date and filing time of UCC records are stored in the information management system. Calculation of the lapse date of an initial financing statement is based upon the filing date.

(D) Identification of parties. The names and addresses of debtors and secured parties are transferred from UCC records to the information management .

(E) Page count. The total number of pages in a UCC record is maintained in the information management system.

(F) Lapse indicator. An indicator is maintained by which the information management system identifies whether or not a financing statement will lapse and, if it does, when it will lapse.

(G) Indexes of names. The filing office maintains in the UCC information management system a searchable index of organization debtor names, and a searchable index of individual debtor names. The filing office may also maintain a searchable index of names of secured parties of record. Such an index need not be a separate database but may be comprised of records in the UCC information management system identified to be included in such searchable index.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526 , 1309.519
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-32 Names of debtors who are individuals.

For the purpose of this rule, an "individual debtor name" means any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor who is an individual, without regard to the nature or character of the name or to the nature or character of the actual debtor.

(A) Individual name fields. The names of individuals are stored in files that include only the names of individuals, and not organization debtor names. Separate data entry fields are established for first (given), middle (given), and last names (surnames or family names) of individuals. The name of a debtor with a single name (e.g., "Cher") is treated as a last name and shall be entered in the last name field. The filing officer assumes no responsibility for the accurate designation of the components of a name but shall accurately enter the data in accordance with the filer's designations.

(B) Titles, prefixes and suffixes. Titles, prefixes, and suffixes or indications of status (e.g. "M.D.") are not typically part of the debtor's name. However, when entering a "name" into the UCC information management system, the data will be entered exactly as they appear.

(C) Truncation - individual names. Personal name fields in the UCC information management system are fixed in length. Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the data entry field. The length of data entry name fields are as follows:

(1) First name: one hundred characters.

(2) Middle name: one hundred characters.

(3) Last name: one hundred characters.

(4) Suffix: ten characters.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-33 Organization debtor names.

For purposes of this chapter, an "organization debtor name" is any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor who is an organization, without regard to the nature or character of the name or to the nature or character of the actual debtor.

(A) Single field. Organization debtor names are stored in files that include only organization debtor names. A single field is used to store an organization debtor name.

(B) Truncation - organization names. The organization name field in the UCC database is fixed in length. The maximum length is four hundred characters. Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the data entry field.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-34 Estates.

The debtor name to be provided on a financing statement for a debtor that is an estate is the name of the relevant decedent. In order for the information management system to function in accordance with the usual expectations of filers and searchers, the filer should provide the debtor as an individual debtor name. However, the filing office will enter data submitted by a filer in the fields designated by the filer exactly as it appears in such fields.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-35 Trusts.

The debtor name to be provided for a debtor that is a trust or a trustee acting in respect of trust property is the name of the trust as set forth in its organic record(s), if the trust has such a name or, if the trust is not so named, the name of the trust's settler. In order for the information management system to function in accordance with the usual expectations of filers and searchers, the name of a trust or of a settler who is an organization should be provided as an organization debtor name, and the name of a settler who is an individual should be provided as an individual debtor name, in each case without regard to the nature or character of the debtor. Notwithstanding the foregoing, the filing office will enter data submitted by a filer in the fields designated by the filer exactly as it appears in such fields.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-36 Initial financing statement.

Upon the filing of an initial financing statement the status of the parties and the status of the financing statement shall be as follows.

(A) Status of secured party. Each secured party named on an initial financing statement shall be a secured party of record, except that if the UCC record names an assignee, the secured party/assignor shall not be a secured party of record and the secured party/assignee shall be a secured party of record.

(B) Status of debtor. Each debtor name provided by the financing statement shall be indexed in the UCC information management system so long as the financing statement is an active record.

(C) Status of financing statement. The status of the financing statement shall be an Active Record. A lapse date shall be calculated, five years from the file date, unless (1) the initial financing statement indicates as provided in rule 111-11-02 of the Administrative Code that it is filed with respect to a public-financing transaction or a manufactured-home transaction, in which case the lapse date shall be thirty years from the file date, or (2) the initial financing statement indicates as provided in rule 111-11-08 of the Administrative Code that it is filed against a transmitting utility, in which case there shall be no lapse date.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-37 Amendment.

Upon the filing of an amendment the status of the parties shall be unchanged, except that in the case of an amendment that adds a debtor or a secured party, the new debtor or secured party shall be added to appropriate index and associated with the record of the financing statement in the UCC information management system, and an amendment that designates an assignee shall cause the assignee to be added as a secured party of record with respect to the affected financing statement in the UCC information management system. Notwithstanding the filing of an amendment that deletes a debtor or a secured party from a financing statement, no debtor or secured party of record is deleted from the UCC information management system. A deleted secured party will still be treated by the filing office as a secured party of record as the filing office cannot verify the effectiveness of an amendment. In general, the filing of an amendment does not affect the status of the financing statement, but an amendment that indicates that the debtor is a transmitting utility will cause the filing office to reflect in the information management system that the amended financing statement has no lapse date.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.512 , 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-38 Assignment of powers of secured party of record.

(A) Status of the parties. An assignment shall have no effect on the status of the parties to the financing statement, except that each assignee named in the assignment shall become a secured party of record.

(B) Status of financing statement. An assignment shall have no effect upon the status of the financing statement.

R.C. 119.032 review dates: 10/20/2010 and 07/20/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.511 , 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01

111-11-39 Continuation statement.

(A) Continuation of lapse date. Upon the timely filing of one or more continuations by any secured party(ies) of record, the lapse date of the financing statement shall be postponed for five years. The lapse date is postponed once notwithstanding the fact that more than one continuation statement is filed within a given six-month period prior to the lapse date. Notwithstanding the immediate postponement of the lapse date with respect to one or more secured parties of record who file timely a continuation statement within a given six-month period prior to a lapse date, such lapse date remains effective solely for purposes of determining whether or not a subsequent continuation statement filed in the same six-month period is timely.

(B) Status. The filing of a continuation shall have no effect upon the status of any party to the financing statement or upon the status of the financing statement.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.515 , 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-40 Termination.

(A) The filing of a termination shall have no effect upon the status of any party to the financing statement or upon the status of the financing statement.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.513 , 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-41 Correction statement.

(A) The filing of a correction statement shall have no effect upon the status of any party to the financing statement, the status of the financing statement or to the information maintained in the information management system.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.509 , 1309.513 , 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-42 Procedure upon lapse.

If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse date but no action is then taken by the filing office.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.515 , 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-43 Removal of record.

A financing statement must remain active as an active record until at least one year after it lapses, or if it is indicated to be filed against a transmitting utility, until at least one year after it is terminated with respect to all secured parties of record. On or after the first anniversary of such lapse or termination date, the filing office or the UCC information management system may remove the financing statement and all related UCC records from the searchable indexes or from the UCC information management system and upon such removal, the removed UCC records shall cease to be active records.

Effective: 01/07/2011
R.C. 119.032 review dates: 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.515 , 1309.519

111-11-50 Errors of the filing officer.

The filing office may correct data entry and indexing errors of filing officer personnel in the UCC information management system at any time. If a correction is made to a record of a financing statement after the filing office has issued search report with a through date and time that is on or after the filing date and time of the financing statement, the filling office will associate with the record of the financing statement in the UCC information management system a filing officer statement on the date that the corrective action was taken providing the date and an explanation of the correction.

A filing officer statement affects the status of the parties and of the relevant financing statement as provided in the corrective action described as having been taken in the filing officer statement.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.517 , 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-51 Data entry and verification.

(A) Data are entered into the UCC information management system exactly as provided in a UCC record, without regard to apparent errors. Data provided in electronic form is transferred to the information management system exactly as submitted by the remitter. A filing should designate whether a name is a name of an individual or an organization. If the name is that of an individual the first, middle and last names and any suffix shall be given.

(B) The filing office will verify accuracy of the data from UCC records entered in accordance with the above requirements into the UCC information management system. Data entry performed by remitters with respect to electronically filed UCC records is the responsibility of the remitter and is not verified by the filing office.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-52 Notice of bankruptcy.

The filing officer shall take no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system.

R.C. 119.032 review dates: 10/20/2010 and 07/20/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 111.24 , 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01

111-11-60 General requirements.

The filing officer maintains for public inspection a searchable index for all active records in the UCC information management system. Active records will be retrievable by the name of the debtor or by the file number of the initial financing statement, and each active record related to an initial financing statement is retrieved with the initial financing statement using either retrieval method.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526 , 1309.519
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-61 Search requests - required information.

Search requests shall include the following:

(A) Name searched. A search request must set forth the name of the debtor to be searched using designated fields for organization or individual first, middle and last names. A search request will be processed using the data and designated fields exactly as submitted, including the submission of no data in a given field, without regard to the nature or character of the debtor that is subject to the search.

(B) Requesting party. The name and address of the person to whom the search results are to be sent.

(C) Fee. The appropriate fee shall be tendered, payable by a method described in rule 111-11-05 of the Administrative Code.

(D) Search logic. The request shall specify if a search methodology, other than that described in rule 111-11-62 of the Administrative Code, is to be applied in conducting the search. If no such methodology is specified, the one described in rule 111-11-62 of the Administrative Code shall be applied.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526 , 1309.506 , 1309.523
Rule Amplifies: 1309.506 , 1309.523
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-62 Search methodology.

Search results are produced by the application of search logic to the name presented to the filing officer. Human judgment does not play a role in determining the results of the search.

The following rules apply to searches:

(A) There is no limit to the number of matches that may be returned in response to the search criteria.

(B) No distinction is made between upper and lower case letters.

(C) Punctuation marks and accents are disregarded.

(D) Words and abbreviations at the end of a name that indicate the existence or nature of an organization as set forth in the "Ending Noise Words" list as promulgated and adopted by the international association of corporation administrators are disregarded.

(E) The word "the" at the beginning of the search criteria is disregarded.

(F) All spaces are disregarded.

(G) For first and middle names of individuals, initials are treated as the logical equivalent of all names that begin with such initials, and first name and no middle name or initial is equated with all middle names and initials. For example, a search request for "John A. Smith" would cause the search to retrieve all filings against all individual debtors with "John" or the initial "J" as the first name, "Smith" as the last name, and with the initial "A" or any name beginning with "A" in the middle name field. If the search request were for "John Smith" (first and last names with no designation in the middle name field), the search would retrieve all filings against individual debtors with "John" or the initial "J" as the first name, "Smith" as the last name and with any name or initial or no name or initial in the middle name field.

(H) After using the preceding rules to modify the name to be searched the search will reveal only names of debtors that are contained in unlapsed financing statements and exactly match the name requested, as modified.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526 , 1309.506 , 1309.523
Rule Amplifies: 1309.506 , 1309.523
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-63 Search requests - optional information.

Search requests may contain any of the following:

(A) Copies. The request may limit the copies of UCC records that would normally be provided with a search report by requesting that no copies be provided or that copies be limited to those UCC records that:

(1) Include a particular debtor address;

(2) Include a particular city in the debtor address;

(3) Were filed on a particular date or within a particular range of dates; or

(4) Include a particular secured party name.

(B) Scope of search. A search request may ask for a search that reports all active records retrieved by the search rather than only unlapsed records retrieved by the search.

(C) Mode of delivery. A search request may specify a mode of delivery for search results and that request will be honored if the requested mode is made available by the filing office, and all requisite fees are tendered.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526 , 1309.506 , 1309.523
Rule Amplifies: 1309.506 , 1309.523
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111-11-64 Search responses.

Reports created in response to a search request shall include the following.

(A) Filing officer. Identification of the filing officer and the certification of the filing officer required by law.

(B) Report date. The date the report was generated.

(C) Name searched. Identification of the name searched.

(D) Certification date. The certification date and time for which the search is effective.

(E) Identification of initial financing statements. Identification of each unlapsed initial financing statement filed on or prior to the certification date and time corresponding to the search criteria, by name of debtor, by identification number, and by file date and file time.

(F) History of financing statement. For each initial financing statement on the report, a listing of all related UCC records filed by the filing officer on or prior to the certification date.

(G) Copies. Copies of all UCC records revealed by the search and requested by the searcher.

R.C. 119.032 review dates: 10/20/2010 and 07/20/2015
Promulgated Under: 119.03
Statutory Authority: 1309.526 , 1309.506 , 1309.523
Rule Amplifies: 1309.506 , 1309.523
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.