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