111-11-20 Role of the filing officer.

(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