LAW
Writer®
Ohio Laws and Rules
(A) “Amendment” means a UCC record that purports to amends the information contained in a financing statement. Amendments include assignments, continuations and terminations.
(B) “Assignment” is an amendment that assigns all or a part of a secured party’s power to authorize an amendment to a financing statement.
(C) “Continuation statement” shall have the meaning prescribed by section 1309.102(27) of the Revised Code.
(D) “Correction statement” means a UCC record that indicates that a financing statement is inaccurate or wrongfully filed.
(E) “File number” shall have the meaning prescribed by section 1309.519(B) of the Revised Code.
(F) “Filing office” and “filing officer” mean the office of the Ohio secretary of state.
(G) “Filing officer statement” means a statement entered into the filing office’s information system to correct an error by the filing office.
(H) “Financing statement” shall have the meaning prescribed by section 1309.102(39) of the Revised Code.
(I) “Individual” means a human being, or a decedent in the case of a debtor that is such decedent’s estate.
(J) “Initial financing statement” means a UCC record that does not identify itself as an amendment or identify an initial financing statement to which it relates, as required by section 1309.512, 1309.514 or 1309.518 of the Revised Code.
(K) “Organization” means a legal person who is not an individual.
(L) “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 a service provider who acts as a filer’s representative in the filing process.
(M) “Secured party of record” shall have the meaning prescribed in section 1309.511 of the Revised Code.
(N) “Termination statement” shall have the meaning prescribed by section 1309.102(79) of the Revised Code.
(O) “UCC” means the Uniform Commercial Code as adopted in this state.
(P) “UCC record” means an initial financing statement, an amendment, an assignment, a continuation, a termination or a correction statement and shall not be deemed to refer exclusively to paper or paper-based writings.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.102, 1309.511, 1309.512, 1309.518, 1309.519
RC 119.032 Review Dates: 9/20/06
UCC records may be tendered for filing at the filing office as follows.
(A) Personal and/or courier delivery, 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 accepted by the filing office (even though the UCC record may not yet have been accepted for filing and subsequently may be rejected).
(B) Postal service delivery, to the filing office’s mailing address. The file date for a UCC record delivered by this method is the date of actual receipt of the 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.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.501
RC 119.032 Review Dates: 9/20/06
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 requests 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 with the initial financing statement.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.523
RC 119.032 Review Dates: 9/20/06
The forms prescribed by section 1309.521 of the Revised Code shall be accepted by the filing office.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 1309.521
Rule amplifies: RC 1309.521
RC 119.032 Review Dates: 9/20/06
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 if they are drawn on a bank acceptable to the filing office or if the drawer is acceptable to the filing office.
(C) 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 $500.00. 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.
(D) Debit cards. The filing office may accept payment by debit 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.
(E) Credit card. The filing office may accept payment by credit cards issued by approved credit 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.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 111.16, 111.18
RC 119.032 Review Dates: 9/20/06
(A) Overpayment. The filing officer shall refund the amount of an overpayment exceeding $10.00 to the remitter.
(B) Underpayment. Upon receipt of a record with an insufficient fee, the filing officer shall do the following.
(1) A notice of the deficiency shall be sent to the remitter. Upon receipt of the proper fee and filing, the record will be filed as of the time and date of receipt of the full filing fee; and
(2) The 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.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 111.16, 1309.516
RC 119.032 Review Dates: 9/20/06
Public records services are provided on a non-discriminatory basis to any member of the public on the terms described in these rules. 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 filling 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.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 1309.523
Rule amplifies: RC 1309.523
RC 119.032 Review Dates: 9/20/06
(A) Except as provided in paragraph (B) of this rule, 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 none of the following:
(1) Determine the legal sufficiency or insufficiency of a record.
(2) Determine that a security interest in collateral exists or does not exist.
(3) Determine that information in the record is correct or incorrect, in whole or in part.
(4) Create a presumption that information in the record is correct or incorrect, in whole or in part.
(B) As set forth in section 111.24 of the Revised Code, the filing officer may refuse to accept a document for filing or recording if the document is not required or authorized to be filed or recorded with the filing officer, or the filing officer has reasonable cause to believe the document is materially false or fraudulent.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 111.24
Rule amplifies: RC 111.24, 1309.519, 1309.520
RC 119.032 Review Dates: 9/20/06
(A) The first day on which a continuation may be filed is the date corresponding to the date upon which the 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.
(B) Last day permitted. The last day on which a continuation may be filed is the date upon which the financing statement lapses.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 1309.510, 1309.515
Rule amplifies: RC 1309.510, 1309.515
RC 119.032 Review Dates: 9/20/06
In addition to the grounds listed in section 1309.516 of the Revised Code allowing the filing officer to refuse a UCC record, the filing officer shall refuse a UCC record if (A) the record contains more than one secured party or assignee name or address and some names or addresses are missing or illegible, or (B) no address is given in the address field. As used in this rule, address is deemed to include city and state.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 1309.516
Rule amplifies: RC 1309.516
RC 119.032 Review Dates: 9/20/06
(A) 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 shall return the record to the remitter and shall refund the filing fee.
(B) The “remitter” is presumed to mean the individual or organization identified in boxes “A” and “B” in the forms prescribed by section 1309.521 of the Revised Code. If boxes “A” and “B” are not complete, then the filing office shall return the UCC record to the entity or individual identified on the correspondence slip or cover letter associated with the UCC record, if any.
HISTORY: Eff 7-3-01 (Emer.); 2-23-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 1309.516
Rule amplifies: RC 1309.516
RC 119.032 Review Dates: 2/23/07
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.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.516, 1309.520
RC 119.032 Review Dates: 9/20/06
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 as provided in this chapter with a filing date and time assigned when such filing occurs. The filing officer will also file a filing officer statement that states the effective date and time of filing which shall be the date and time the UCC record was originally tendered for filing.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.516, 1309.520
RC 119.032 Review Dates: 9/20/06
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 named on financing statements which have not lapsed.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 1309.519
Rule amplifies: RC 1309.519
RC 119.032 Review Dates: 9/20/06
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 such system. Such 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 UCC information management system using one or more data entry or transmittal techniques.
(E) Status of financing statement. In the information management system, each financing statement has a status of active or inactive.
(F) Page count. The total number of pages in a UCC record is maintained in the information management system.
(G) 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.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 1309.519
Rule amplifies: RC 1309.519
RC 119.032 Review Dates: 9/20/06
For the purpose of this rule, “individual” means a human being, or a decedent in the case of a debtor that is such decedent’s estate. This rule applies to the name of a debtor or a secured party on a UCC record who is an individual.
(A) Individual name fields. The names of individuals are stored in files that include only the names of individuals, and not the names of organizations. Separate data entry fields are established for first (given), middle (given), and last names (surnames or family names) of individuals. A filer should place the name of a debtor with a single name (e.g., “Cher”) in the last name field. The filing officer assumes no responsibility for the accurate designation of the components of a name but will accurately enter the data in accordance with the filer’s designations.
(B) Titles and prefixes before names. Titles and prefixes, such as “doctor,” “reverend,” “Mr.,” and “Ms.,” should not be entered in the UCC information management system. However, as provided in rule 111-11-51 of the Administrative Code, when a UCC record is submitted with designated name fields, the data will be entered in the UCC information management system exactly as it appears.
(C) Titles and suffixes after names. Titles or indications of status such as “M.D.” and “esquire” are not part of an individual’s name and should not be provided by filers in UCC records. Suffixes that indicate which individual is being named, such as “senior,” “junior,” “I,” “II,” and “III,” are appropriate. In either case, as provided in rule 111-11-51 of the Administrative Code, they will be entered into the information management system exactly as received.
(D) Truncation – individual names. Personal name fields in the UCC database 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: 100 characters.
(2) Middle name: 100 characters.
(3) Last name: 100 characters.
(4) Suffix: 10 characters.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.519
RC 119.032 Review Dates: 9/20/06
This rule applies to the name of an organization who is a debtor or a secured party on a UCC record.
(A) Single field. The names of organizations are stored in files that include only the names of organizations and not the names of individuals. A single field is used to store an organization name.
(B) Truncation – Organization names. The organization name field in the UCC database is fixed in length. The maximum length is 400 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.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.519
RC 119.032 Review Dates: 9/20/06
Although they are not human beings, estates are treated as if the decedent were the debtor under rule 111-11-32 of the Administrative Code.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.519
RC 119.032 Review Dates: 9/20/06
If the trust is named in its organic record(s), its full legal name, as set forth in such record(s), is used. Such trusts are treated as organizations. If the trust is not so named, the name of the settlor is used. If a settlor is indicated to be an organization, the name is treated as an organization name. If the settlor is an individual, the name is treated as an individual name. A UCC record that uses a settlor’s name should include other information provided by the filer to distinguish the debtor trust from other trusts having the same settlor and all financing statements filed against trusts or trustees acting with respect to property held in trust should indicate the nature of the debtor. If this is done in, or as part of, the name of the debtor, it will be entered as if it were a part of the name under rule 111-11-51 of the Administrative Code.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.519
RC 119.032 Review Dates: 9/20/06
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. The status of a debtor named on the record shall be active and shall continue as active until one year after the financing statement lapses.
(C) Status of financing statement. The status of the financing statement shall be active. A lapse date shall be calculated, five years from the file date, unless the initial financing statement indicates 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 if the initial financing statement indicates that it is filed against a transmitting utility, in which case there shall be no lapse date. A financing statement remains active until one year after it lapses, or if it is indicated to be filed against a transmitting utility, until one year after it is terminated with respect to all secured parties of record.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.515, 1309.519
RC 119.032 Review Dates: 9/20/06
Upon the filing of an amendment the status of the parties and the status of the financing statement shall be as follows.
(A) Status of secured party and debtor. An amendment shall affect the status of its debtor(s) and secured party/parties as follows:
(1) Collateral amendment or address change. An amendment that amends only the collateral description or one or more addresses has no effect upon the status of any debtor or secured party. If a statement of amendment is authorized by less than all of the parties (or, in the case of an amendment that adds collateral, less than all of the debtors), the statement affects only the interests of each authorizing secured party (or debtor).
(2) Debtor name change. An amendment that changes a debtor’s name has no effect on the status of any debtor or secured party, except that the related initial financing statement and all UCC records that include an identification of such initial financing statement shall be cross-indexed in the UCC information management system so that a search under either the debtor’s old name or the debtor’s new name will reveal such initial financing statement and such related UCC records. Such a statement of amendment affects only the rights of its authorizing secured party/parties.
(3) Secured party name change. An amendment that changes the name of a secured party has no effect on the status of any debtor or any secured party, but the new name is added to the index as if it were a new secured party of record.
(4) Addition of a debtor. An amendment that adds a new debtor name has no effect upon the status of any party to the financing statement, except the new debtor name shall be added as a new debtor on the financing statement. The addition shall affect only the rights of the secured party/parties authorizing the statement of amendment.
(5) Addition of a secured party. An amendment that adds a new secured party shall not affect the status of any party to the financing statement, except that the new secured party name shall be added as a new secured party on the financing statement.
(6) Deletion of a debtor. An amendment that deletes a debtor has no effect on the status of any party to the financing statement, even if the amendment purports to delete all debtors.
(7) Deletion of a secured party. An amendment that deletes a secured party of record has no effect on the status of any party to the financing statement, even if the amendment purports to delete all secured parties of record.
(B) Status of financing statement. An amendment shall have no effect upon the status of the financing statement, except that a continuation may extend the period of effectiveness of a financing statement.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.512, 1309.519
RC 119.032 Review Dates: 9/20/06
(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.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.511, 1309.519
RC 119.032 Review Dates: 9/20/06
(A) Continuation of lapse date. Upon the timely filing of one or more continuations by any secured party/parties of record, the lapse date of the financing statement shall be postponed for five years.
(B) Status of parties. The filing of a continuation shall have no effect upon the status of any party to the financing statement.
(C) Status of financing statement. Upon the filing of a continuation statement, the status of the financing statement remains active.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.515, 1309.519
RC 119.032 Review Dates: 9/20/06
(A) Status of parties. The filing of a termination shall have no effect upon the status of any party to the financing statement.
(B) Status of financing statement. A termination shall have no effect upon the status of the financing statement and the financing statement shall remain active in the information management system until one year after it lapses, unless the termination relates to a financing statement that indicates it is filed against a transmitting utility, in which case the financing statement will become inactive one year after it is terminated with respect to all secured parties of record.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.513, 1309.519
RC 119.032 Review Dates: 9/20/06
(A) Status of parties. The filing of a correction statement shall have no effect upon the status of any party to the financing statement.
(B) Status of financing statement. A correction statement shall have no effect upon the status of the financing statement.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.509, 1309.513, 1309.519
RC 119.032 Review Dates: 9/20/06
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. On the first anniversary of such lapse date, the information management system renders or is caused to render the financing statement inactive and the financing statement will no longer be made available to a searcher unless inactive statements are requested by the searcher and the financing statement is still retrievable by the information management system.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.515, 1309.519
RC 119.032 Review Dates: 9/20/06
The filing office may correct the errors of filing officer personnel in the UCC information management system at any time. If the correction occurs after the filing officer has issued a certification date the filing officer shall file a filing officer correction statement in the UCC information management system identifying the record to which it relates, the date of the correction, and explaining the nature of the corrective action taken. The record shall be preserved as long as the record of the initial financing statement is preserved in the UCC information management system.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.517, 1309.519
RC 119.032 Review Dates: 9/20/06
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.
(A) Organization names. Organization names are entered into the UCC information management system exactly as set forth in the UCC record, even if it appears that multiple names are set forth in the record or if it appears that the name of an individual has been included in the field designated for an organization name.
(B) Individual names. On a form that designates separate fields for first, middle, and last names and any suffix, the filing officer enters the names into the first, middle, and last name and suffix fields in the UCC information management system exactly as set forth on the form.
(C) Designated fields encouraged. The filing office encourages the use of forms that designate separate fields for individual and organization names and separate fields for first, middle, and last names and any suffix. Such forms diminish the possibility of filing office error and help assure that filers’ expectations are met. However, filers should be aware that the inclusion of names in an incorrect field or failures to transmit names accurately to the filing office may cause filings to be ineffective.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526
Rule amplifies: RC 1309.519
RC 119.032 Review Dates: 9/20/06
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.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 111.24
Rule amplifies: RC 111.24, 1309.519
RC 119.032 Review Dates: 9/20/06
The filing officer maintains for public inspection a searchable index for all records of UCC records. The index shall provide for the retrieval of a record by the name of the debtor and by the file number of the initial financing statement and each filed UCC record relating to the initial financing statement.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 1309.519
Rule amplifies: RC 1309.519
RC 119.032 Review Dates: 9/20/06
Search requests shall contain the following information.
(A) Name searched. A search request should set forth the name of the debtor to be searched and must specify whether the debtor is an individual or an organization. A search request will be processed using the name in the exact form it is submitted.
(B) Requesting party. The name and address of the person to whom the search report is to be sent.
(C) Fee. The appropriate fee shall be enclosed, payable by a method described in rule 111-11-05 of the Administrative Code.
(D) Search request with filing. If a filer requests a search at the time a UCC record is filed the name searched will be the debtor name as set forth on the form. The requesting party shall be the remitter of the UCC record, and the search request shall be deemed to request a search that would retrieve all financing statements filed on or prior to the date the UCC record is filed.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 1309.506, 1309.523
Rule amplifies: RC 1309.506, 1309.523
RC 119.032 Review Dates: 9/20/06
Search results are produced by the application of standardized 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.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 1309.506, 1309.523
Rule amplifies: RC 1309.506, 1309.523
RC 119.032 Review Dates: 9/20/06
A UCC search request may contain any of the following information.
(A) The request may limit the records requested by limiting them by the address of the debtor, the city of the debtor, the date of filing (or a range of filing dates for copy requests) or the identity of the secured party of record on the financing statement. A report created by the filing officer in response to such a request shall contain the statement “A search may not reveal all filings against the debtor searched and the searcher bears the risk of relying on such a search” or a statement having a similar meaning.
(B) The request may ask for copies of UCC records identified on the primary search response.
(C) Instructions on the mode of delivery desired, if other than by ordinary mail, which request will be honored if the requested mode is available to the filing office.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 1309.506, 1309.523
Rule amplifies: RC 1309.506, 1309.523
RC 119.032 Review Dates: 9/20/06
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.
HISTORY: Eff 7-3-01 (Emer.); 9-20-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 1309.526, 1309.506, 1309.523
Rule amplifies: RC 1309.506, 1309.523
RC 119.032 Review Dates: 9/20/06