Chapter 111-9 Expedited Filings
(A) Substitute senate bill 74 of the 124th General Assembly outlines substantial changes in Title 13 of the Revised Code, the Uniform Commercial Code. This act requires the secretary of state to adhere to a strict two-day turnaround time for all types of Uniform Commercial Code filings. The secretary of state has determined that this provision is substantially similar to the expedited service that is outlined in rescinded paragraph (D) of rule 111-9-01 of the Administrative Code. Therefore expedited service shall be suspended until such time that the secretary of state deems that it will be beneficial to reinstate this service.
(B) The secretary of state shall input the data contained in a UCC record as outlined in rule 111-11-31 of the Administrative Code and either reject or accept the UCC record within two business days of the file date as determined by rule 111-11-02 of the Administrative Code. The secretary of state shall mail the notification of acceptance or rejection by regular United States mail within two business days of the file date as determined by rule 111-11-02 of the Administrative Code. Nothing in this rule shall be construed to mean that the remitter, as defined in rule 111-11-23 of the Administrative Code, shall receive the notification within two business days of the file date.
(C) The secretary of state shall image the UCC record and make the image publicly available over the Internet within three business days of the file date as determined by rule 111-11-02 of the Administrative Code. The secretary of state shall redact social security numbers and employer identification numbers prior to making the image publicly available over the Internet.
(A) Expedited service shall be available for any filing under Chapter 1329. and Title 17 of the Revised Code.
(B) For the purposes of this rule, certification requests (i.e., good standing certificates, copies) are not considered filings. Therefore, certification requests cannot be expedited.
(C) The following expedited service levels are hereby established and the fees and processing times are as follows:
(1) The filing fee for level one shall be one hundred dollars. The processing time for level one shall be determined by the number of filings that the secretary of state receives for this level of expedited service.
(2) The filing fee for level two shall be two hundred dollars. The processing time for level two shall be within twenty-four hours of receipt of the filing by the secretary of state's office (i.e., a filing received Tuesday at eleven-thirty A.M. will be processed by Wednesday at eleven-thirty A.M.).
(3) The filing fee for level three shall be three hundred dollars. The processing time for level three shall be within four business hours of receipt of the filing by the secretary of state's office (i.e., a filing received Monday at twelve-fifteen P.M. will be processed by four-fifteen P.M. on the same day). To the extent possible. The secretary of state will work with customers to resolve any filing issues that may arise with level three filings to adhere to the four business hour processing time.
(4) Expedited service processing times are based on workdays only and do not include weekends and holidays (i.e., a level three filing that is received on friday at four-twenty P.M. will be processed by the following Monday by eleven-twenty A.M.).
(E) Expedited service requests through the mail, at the secretary of state's expedite P.O. box, express or regular, must be accompanied by a cover letter and a correspondence slip form with the "expedite service" box marked. The letter should clearly indicate that the customer is requesting expedited service, the level of expedited service, give a person's name and the customer's account number if it is requested that the filing be returned through an express company, and to whom the document should be returned.
(F) Payment must accompany the filing. The secretary of state shall not bill or extend credit for any level of expedited service.
(G) Incomplete or incorrect documents cannot be processed.
(H) The secretary of state reserves the right to limit expedited service to one filing per customer per day. This will only be done when demand is so high that is would be impossible to process the filing within the above time frames.
(I) The secretary of state reserves the right to suspend expedited services when circumstances (i.e., computer failure, acts of God, etc.) prevent the timely filing of the document.
(J) The secretary of state reserves the right to activate or suspend any or all expedited service levels as outlined in paragraph (C) of this rule.
(K) The secretary of state reserves the right to activate or suspend any or all expedited service requests on a particular type(s) of filing under Title 17 or Chapter 1329. of the Revised Code.