Chapter 111:1-3 UCC Filing

111:1-3-01 Definitions.

Terms used in these filing-office rules that are defined in the UCC and not otherwise defined in this rule shall have the respective meanings accorded such terms in the UCC.

(A) "Address" means information provided as an address on a UCC record as long as it includes at least a city and a state or foreign country.

(B) "Amendment" means any UCC record filed that relates to the initial financing statement. Amendments include party or collateral changes, assignments, continuations and terminations.

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

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

(E) "Filing office" means the office of the Ohio secretary of state.

(F) "Filing office statement" means a statement entered into the filing office's UCC information management system to explain an action by the filing office to correct an error made by the filing office.

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

(H) "Remitter" means a person who tenders a UCC record to the filing office 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.

(I) "Searchable indexes" means the searchable index of individual debtor names and the searchable index of organization debtor names the filing office must maintain in the UCC information management system.

(J) "Secured party of record" means every party designated as a secured party in a financing statement, including those for whom an amendment has been filed purporting to delete them as a secured party or purporting to indicate they have assigned their secured interest, except as provided in paragraph (A) of rule 111:1-3-23 of the Administrative Code.

(K) "UCC" means the uniform commercial code as adopted in the state of Ohio.

(L) "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 these filing-office rules.

(M) "UCC record" means an initial financing statement, an amendment of party or collateral information, an assignment, a continuation statement, a termination statement, a filing office statement or an information 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.

(N) "Unlapsed record" means a UCC record that has been stored and indexed in the UCC information management system, which has a lapse date that has not yet occurred.

Replaces: 111-11-01

Cite as Ohio Admin. Code 111:1-3-01

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
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

111:1-3-02 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 time for a UCC record delivered by this method is nine a.m. on the business day on which it was delivered (even though the UCC record may not yet have been accepted for filing and subsequently may be rejected).

(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, nine a.m. on the business day on which it was delivered (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, if not examined for processing sooner, will have a filing time of the nine a.m. 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 nine a.m. on the business day on which it was delivered (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 will have a filing time of nine a.m. 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, is nine a.m. on the business day on which it is received by the filing office (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 will have a filing time of nine a.m. on the next day the filing office is open for business.

(E) Electronic filing.

UCC records, excluding information statements and filing officer statements, 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 office 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 on-line and web page data entry. UCC records may be delivered by on-line data entry using the filing office's website on the internet. 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 submitted to the UCC filing office must be communicated only in the form of characters that appear on the American standar.d keyboard or such information will be modified, upon entry into the UCC information management system, as provided in rule 111:1-3-33 of the Administrative Code. A financing statement or amendment form that does not designate separate fields for organization and individual names, and separate fields for the surname, first personal name, additional name(s)/initial(s) 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 or has been filed against a debtor that is a transmitting utility is to check the appropriate box on, or to transmit the indication in the proper field in, the related initial financing statement.

Replaces: 111-11-02

Cite as Ohio Admin. Code 111:1-3-02

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.501
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01

111:1-3-03 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.

Replaces: 111-11-03

Cite as Ohio Admin. Code 111:1-3-03

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.523
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01

111:1-3-04 Forms.

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

Replaces: 111-11-04

Cite as Ohio Admin. Code 111:1-3-04

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.521
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-05 Fees.

The fee for filing a UCC record is prescribed by section 1309.525 of the Revised Code.

Cite as Ohio Admin. Code 111:1-3-05

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.525

111:1-3-06 Expedited services.

Expedited services are not available for UCC records.

Cite as Ohio Admin. Code 111:1-3-06

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.520

111:1-3-07 Methods of payment.

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

(A) Cash. Payment in cash is accepted.

(B) Checks. Personal checks, cashier's checks and money orders made payable to the filing office are accepted if 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) Prepaid account. A Remitter may open a prepaid account by submitting an application prescribed by the filing office and prepaying an amount not less than five hundred dollars. The filing office shall issue an account number to be used by a Remitter who chooses to pay filing fees by this method. The filing office shall deduct filing fees from the Remitter's prepaid account as authorized to do so by the Remitter.

(E) Debit and credit cards. The filing office shall accept payment by debit cards and credit cards of types approved by the filing office. Payment will not be deemed tendered until the issuer or its agent has confirmed payment.

Replaces: 111-11-05

Cite as Ohio Admin. Code 111:1-3-07

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 111.16, 111.18
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-08 Overpayment and underpayment policies.

(A) Overpayment.

The filing office shall refund the amount of an overpayment exceeding ten dollars to the Remitter.

(B) Underpayment.

The UCC record shall be returned to the Remitter as provided in rule 111:1-3-14 of the Administrative Code. Any fee received will be returned with the UCC record or under separate cover.

Replaces: 111-11-06

Cite as Ohio Admin. Code 111:1-3-08

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 111.16, 1309.516
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-09 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; provided that the filing office shall make such information as is then-currently available at least weekly in every medium then available to the filing office.

Replaces: 111-11-07

Cite as Ohio Admin. Code 111:1-3-09

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526, 1309.523
Rule Amplifies: 1309.523
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-10 Fees for public records services.

Fees for public records services (other than those established under rule 111:1-3-05 of the Administrative Code) are established by the filing office from time to time and are available upon request.

Cite as Ohio Admin. Code 111:1-3-10

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526, 1309.523
Rule Amplifies: 1309.523

111:1-3-11 Role of the filing office.

Unless otherwise expressly provided for by statute, the duties and responsibilities of the filing office 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 office does not determine the legal sufficiency or insufficiency of the UCC 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.

Replaces: 111-11-20

Cite as Ohio Admin. Code 111:1-3-11

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519, 1309.520
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01

111:1-3-12 Time for filing a continuation statement.

(A) First day permitted. The first day on which a continuation statement 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 such 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 when tendered and to rule 111:1-3-02 of the Administrative Code.

(B) Last day permitted. The last day on which a continuation statement may be filed is the date upon which the related financing statement lapses, subject to the ability of the filing office to take delivery of the continuation statement when tendered and to rule 111:1-3-02 of the Administrative Code. The time of filing of the continuation statement under rule 111:1-3-02 of the Administrative Code must be on or prior to such last day.

Replaces: 111-11-21

Cite as Ohio Admin. Code 111:1-3-12

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.515
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-13 Grounds for refusal.

The filing office shall refuse a record for each applicable ground as set forth in section 1309.516 or section 111.24 of the Revised Code, and will not refuse a record for any other reason. A record that does not provide an address that meets the minimum requirements set forth in paragraph (A) of rule 111:1-3-01 of the Administrative Code does not provide a mailing address as required by section 1309.516 of the Revised Code.

Replaces: 111-11-22

Cite as Ohio Admin. Code 111:1-3-13

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.516
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-14 Procedure upon refusal.

If the filing office finds grounds to refuse a UCC record, the filing office shall refund any filing fee received by the filing office. 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.

Replaces: 111-11-23

Cite as Ohio Admin. Code 111:1-3-14

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.516, 1309.520
Prior Effective Dates: 7/3/01 (Emer.), 2/23/02, 1/7/11.

111:1-3-15 Refusal errors.

If a secured party or a Remitter believes that a UCC record that the filing office refused to file should not have been refused under rule 111:1-3-13 of the Administrative Code, the person may contact the filing office to request a review of the refusal decision. The person requesting review shall provide the filing office with a copy of the reasons for refusal, a copy of the refused record and a statement of the basis for the person's belief that the filing office wrongfully refused to file the record. Upon receipt of a request for review, the filing office shall investigate the claim. If the investigator confirms that the record should have been refused, the filing office shall provide a written explanation of the grounds for refusal. But if it is determined that the filing office refused to accept the record in error, the filing office shall file the UCC record with the filing date and time the UCC record was originally tendered for filing. A filing office statement record relating to the relevant initial financing statement shall be placed in the UCC information management system on the date that the corrective action was taken. The filing office 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 UCC information management system.

Replaces: 111-11-25

Cite as Ohio Admin. Code 111:1-3-15

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.520
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-16 Notification of defects.

Nothing in these rules prevents a filing office from communicating to a filer or a Remitter that the filing office 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.

Replaces: 111-11-24

Cite as Ohio Admin. Code 111:1-3-16

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.520
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-17 UCC information management system-general.

The filing office uses the UCC information management system to store, index, and retrieve information relating to financing statements. The UCC information management system includes the searchable indexes. The rules in this chapter describe the UCC information management system.

Replaces: 111-11-30

Cite as Ohio Admin. Code 111:1-3-17

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-18 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 UCC information management system for each initial financing statement and all information comprising such record is maintained in the system.

(2) A UCC record other than an initial financing statement is identified by a unique file number assigned by the filing office. In the UCC 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 UCC information management system from information supplied by the Remitter. Types of records include initial financing statement, amendment, assignment, continuation, termination, and collateral amendment.

(C) Filing date and time.

The filing date and filing time of UCC records are stored in the UCC 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.

(E) Page count.

The total number of pages in a UCC record is maintained in the UCC information management system.

(F) Lapse indicator.

An indicator is maintained by which the UCC information management system identifies whether or not a financing statement will lapse and, if it does, when it will lapse. The lapse date is determined as provided in paragraph (C) of rule 111:1-3-23 and in rule 111:1-3-25 of the Administrative Code.

(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.

Replaces: 111-11-31

Cite as Ohio Admin. Code 111:1-3-18

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-19 Individual debtor names.

For purposes of this rule, an "individual 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 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.

Individual debtor names are stored in data fields that include only the individual debtor names, and not organization debtor names. Separate data entry fields are established for surnames (last or family names), first personal names (given), and additional name(s)/initial(s) of individuals. The name of a debtor with a single name (e.g., "Cher") is treated as a surname and shall be entered in the individual surname field. The filing office 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 (e.g. "Ms.") and suffixes or indications of status (e.g. "M.D.") are not typically part of an individual debtor's name. Suffixes used to distinguish between family members with identical names (e.g., "JR.") should be provided in the suffix field. However, if the suffix appears on a [driver's license] used as the source of an individual name, then the filer should consider also providing the name as a separate individual debtor with the suffix included in the surname field. Regardless of how provided, when entering a "name" into the UCC information management system, the filing office shall enter the data exactly as they appear.

(C) Extended debtor name field.

The filing office shall not refuse to accept an initial financing statement that lacks debtor information in item 1 and/or item 2 if the record includes an addendum that provides debtor information in item 10.

(D) 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 office, up to the maximum length of the data entry field. The lengths of data entry name fields are as follows:

(1) Surname: one hundred characters.

(2) First personal name: one hundred characters.

(3) Additional name(s)/initial(s): one hundred characters.

(4) Suffix: ten characters.

Replaces: 111-11-32

Cite as Ohio Admin. Code 111:1-3-19

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-20 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 and not individual debtor names. A single field is used to store an organization debtor name.

(B) Truncation--organization names.

The organization debtor name field in the UCC information management system 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 office, up to the maximum length of the organization debtor name field.

Replaces: 111-11-33

Cite as Ohio Admin. Code 111:1-3-20

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-21 Collateral being administered by a decedent's personal representative.

The debtor name to be provided on a financing statement when the collateral is being administered by a decedent's personal representative is the name of the relevant decedent. In order for the UCC information management system to function in accordance with the usual expectations of filers and searchers, the filer should provide the debtor name as an individual debtor name. However, the filing office shall enter data submitted by a filer in the fields designated by the filer exactly as it appears in such fields.

Replaces: 111-11-34

Cite as Ohio Admin. Code 111:1-3-21

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-22 Collateral held in a trust.

The debtor name to be provided when the collateral is held in a trust that is not a registered organization 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 settlor or testator. In order for the UCC information management system to function in accordance with the usual expectations of filers and searchers, the name of a trust or the name of a settlor or testator that is an organization should be provided as an organization debtor name, and the name of a settlor or testator 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 shall enter data submitted by a filer in the fields designated by the filer exactly as it appears in such fields.

Replaces: 111-11-35

Cite as Ohio Admin. Code 111:1-3-22

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-23 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 initial financing statement shall be indexed in the UCC information management system and shall remain on the record in accordance with division (G) of section 1309.519 of the Revised Code.

(C) Status of financing statement.

A lapse date shall be calculated, five years from the file date, unless (1) the initial financing statement indicates as provided in paragraph (H) of rule 111:1-3-02 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 paragraph (H) of rule 111:1-3-02 of the Administrative Code that it is filed against a transmitting utility, in which case there shall be no lapse date. The lapse date for a financing statement filed on February twenty-ninth shall be the March first in the fifth year following the year of the filing date.

Replaces: 111-11-36

Cite as Ohio Admin. Code 111:1-3-23

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 130.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-24 Amendments generally.

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. Except in the case of a continuation statement, the filing of an amendment does not affect the status of the financing statement.

Replaces: 111-11-37

Cite as Ohio Admin. Code 111:1-3-24

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.512, 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-25 Continuation statement.

(A) Continuation of lapse date.

Upon the timely filing of one or more continuation statements 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 a 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 statement shall have no effect upon the status of any party to the financing statement or upon the status of the financing statement.

Replaces: 111-11-39

Cite as Ohio Admin. Code 111:1-3-25

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.515, 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-26 Termination.

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

Replaces: 111-11-40

Cite as Ohio Admin. Code 111:1-3-26

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.513, 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-27 Information statement.

The filing of an information statement shall have no effect upon the status of any party to the financing statement, the status of the financing statement or the information maintained in the UCC information management system.

Replaces: 111-11-41

Cite as Ohio Admin. Code 111:1-3-27

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-28 Filing office staement.

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

Cite as Ohio Admin. Code 111:1-3-28

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519

111:1-3-29 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.

Replaces: 111-11-42

Cite as Ohio Admin. Code 111:1-3-29

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.515, 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-30 Removal of record.

A financing statement must remain in the searchable index within the UCC information management system until at least one year after it lapses. On or after the first anniversary of such lapse, the financing statement and all related UCC records may be removed from the searchable indexes or from the UCC information management system.

Transmitting utilities.

A financing statement that indicates a debtor is a transmitting utility must remain in the searchable index within the UCC information management system until at least one year after it is terminated with respect to all secured parties of record. On or after the first anniversary of the termination date of the last remaining secured party of record, the financing statement may be removed from its searchable index or from the UCC information management system.

Replaces: 111-11-43

Cite as Ohio Admin. Code 111:1-3-30

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 01/07/2011

111:1-3-31 Archives-general.

(A) Paper UCC documents.

Paper UCC documents are maintained for five years after date of receipt.

(B) Databases.

Electronic data is stored in a searchable index. Data in the searchable indexes shall be removed from the UCC information managements system on or after the one year anniversary of the financing statement lapse date. The data will no longer be maintained by the filing office in the UCC information management system.

Cite as Ohio Admin. Code 111:1-3-31

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.522

111:1-3-32 Errors of the filing office.

The filing office may correct data entry and indexing errors of filing office personnel in the UCC information management system at any time. If a correction is made to a record of a financing statement the filing office shall associate with the record of the financing statement in the UCC information management system a filing office statement on the date that the corrective action was taken providing the date and an explanation of the correction.

Replaces: 111-11-50

Cite as Ohio Admin. Code 111:1-3-32

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.517, 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-33 Data entry.

Data are entered into the UCC information management system exactly as provided in a UCC record, without regard to apparent errors, except that characters that do not appear on the American standard keyboard will be replaced with the closest reasonable equivalent found on the American standard keyboard. Data provided in electronic form is transferred to the UCC information management system exactly as submitted by the Remitter.

Replaces: 111-11-51

Cite as Ohio Admin. Code 111:1-3-33

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-34 Verification of data entry.

The filing office shall verify accuracy of the data from UCC records entered in accordance with rule 111:1-3-33 of the Administrative Code into the UCC information management system, except that debtor name data are verified by double-blind keying. 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.

Replaces: 111-11-51

Cite as Ohio Admin. Code 111:1-3-34

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-35 Notice of bankruptcy.

The filing office 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.

Replaces: 111-11-52

Cite as Ohio Admin. Code 111:1-3-35

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 111.24, 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.

111:1-3-36 Redaction of certain information.

The filing office is obligated to redact certain information from the information it provides to searchers and bulk data purchasers in accordance with applicable privacy and identity theft protection laws. Such information should not be included in UCC records and will be redacted in accordance with such laws.

Cite as Ohio Admin. Code 111:1-3-36

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.520

111:1-3-37 General requirements.

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

Replaces: 111-11-60

Cite as Ohio Admin. Code 111:1-3-37

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.519
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/7/11

111:1-3-38 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 name or individual surname, first personal name and additional name(s)/initial(s). 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 of the search.

(B) Requesting party.

The name and address of the person to whom the search results is to be sent.

(C) Fee.

The appropriate fee described in section 1309.525 of the Revised Code shall be tendered by a method described in rule 111:1-3-07 of the Administrative Code.

Replaces: 111-11-61

Cite as Ohio Admin. Code 111:1-3-38

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.506, 1309.519, 1309.522, 1309.523
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/1/07

111:1-3-39 Search requests-optional information.

Search requests may include the following:

(A) Copies.

The request may limit the copies of UCC records that would normally be provide with a search report by requesting that no copies be provided.

(B) Scope of search.

A search request may ask for a search that reports all records or all unlapsed records from the UCC information management system's searchable index.

(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.

Replaces: 111-11-63

Cite as Ohio Admin. Code 111:1-3-39

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.506, 1309.519, 1309.522, 1309.523
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/1/07

111:1-3-40 Search methodology.

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

(B) Standard search logic.

The following rules describe the filing office's standard search logic and apply to all searches except for those where the search request specifies that a non-standard search logic be used:

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

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

(3) The following rules apply only to organization names:

(a) The character "&" (the ampersand) is deleted and replaced with the characters "and" each place it appears in the name.

(b) Punctuation marks and accents are disregarded. For the purposes of this rule, punctuation and accents include all characters other than the numerals 0 through 9 and the letters A through Z (in upper and lower case) of the English alphabet.

(c) The following words and abbreviations at the end of an organization name that indicate the existence or nature of the organization are "disregarded" to the extent practicable as determined by the filing office's programming of its UCC information management system:

Association

Assn

Associates

Assc

Assoc

Bank

National bank

Business trust

Charter

Chartered

Company

Co

Corporation

Corp

Credit

Union

CU

Federal savings bank

FSB

General partnership

GP

Incorporated

Inc

Limited

Ltd

Ltee

Limited liability company

LC

LLC

Limited liability partnership

LLP

Limited partnership

LP

National association

NA

Partnership

Professional association

Prof Assn

PA

Professional corporation

Prof corp

PC

Professional limited liability

Company

Professional limited liability co

PLLC

Real estate investment trust

REIT

Registered limited liability

Partnership

RLLP

Savings association

SA

Sole proprietorship

SP

SPA

Trust

Trustee

As trustee

The search logic will disregard all words, phrases or abbreviations from the preceding list beginning at the end of the name and working back until an unlisted word, phrase or abbreviation appears.

(d) The word "the" at the beginning of an organization debtor name is disregarded.

(e) All spaces are disregarded.

(4) The following search rules apply to individual debtor names:

(a) Surname: The individual debtor surname on a filed record must exactly match the surname of the search request. The search logic does not provide equivalencies for the surname field, nor does the search logic disregard [spacing,] [punctuation,] titles, suffixes or ending noise words of any type if entered in the surname field.

(b) First personal name. The following equivalencies apply:

(i) A first personal name is the logical equivalent of the first initial of the name.

(ii) An initial (a single letter) is the logical equivalent of all first personal names that begin with that letter.

(iii) No first personal name or initial is the logical equivalent of all first personal names and initials.

(c) Additional names/initials. The following equivalencies apply:

(i) A name is the logical equivalent of the first initial of the name.

(ii) An initial (a single letter) is the logical equivalent of all names that begin with that letter and no entry in the additional names/initials field.

(iii) No entry in the additional names/initials field is the logical equivalent of all names and initials.

(d) Search results. Only records that exactly match the surname field under paragraph (b)(4)(a) of this rule; exactly match the first personal name after application of the equivalency rules in paragraph (b)(4)(b) of this rule; and that exactly match the additional names/initials field after application of the equivalency rules in paragraph (b)(4)(c) of this rule will be reported.

(e) Single names. If the name being searched is the surname of an individual debtor name without any first personal name or additional name(s)/initial(s) provided, the search will retrieve from the UCC information management system all financing statements with individual debtor names that consist of only the surname.

(f) Search result examples.

(i) A search request for "John A. Smith" (first personal name and surname with an initial in the additional name(s)/initial(s) field) would cause the search to retrieve all filings against all individual debtors with

(a) "John" or the initial "J" as to the first name,

(b) "Smith" as the surname, and

(c) No name or initial, the initial "A" or any name beginning with "A" in the additional name(s)/initials field.

(ii) A search request for ".A. Smith" (initial for first personal name, surname and an initial for the additional name(s)/initial(s) field), would retrieve all filings against individual debtors with

(a) The initial "J" or any name beginning with "J" as the first name,

(b) "Smith" as the last name, and

(c) No name or initial, the initial "A" or any name beginning with "A" in the additional name(s)/initial(s) field.

(d) A search request for "John Smith" (first personal name and surname with no designation in the additional name(s)/initial(s) field), would retrieve all filing against individual debtors with

(i) "John" or the initial "J" as the first name,

(ii) "Smith" as the last name and

(iii) Any entry or no entry in the additional name(s)/initial(s) field.

(5) After applying the preceding rules to the name being searched, the search will retrieve from the UCC information management system's searchable index all unlapsed records, or, if requested by the searcher, all records, that pertain to financing statements with debtor names that, after application of this rule, exactly match the modified name being searched.

Replaces: 111-11-62

Cite as Ohio Admin. Code 111:1-3-40

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.506, 1309.523
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01, 1/1/07

111:1-3-41 Changes in standard logic.

If the filing office changes its standard search logic or the implementation of its standard search logic in a manner that could alter search results, the filing office shall provide prior public notice of such change.

Cite as Ohio Admin. Code 111:1-3-41

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.506, 1309.523

111:1-3-42 Search responses.

Responses to a search request shall include the following:

(A) Copies.

Copies of all UCC records retrieved by the search unless only limited copies are requested by the searcher. Copies will reflect any redaction of personal identifying information required by law.

(B) Introductory information.

A filing office shall include the following information with a UCC search response:

(1) Filing office identification.

Identification of the filing office providing the search response.

(2) Unique search report identification number.

Unique number which identifies the search report.

(3) Report date and time.

The date and time the report was generated.

(4) Through date and time.

The date and time at or prior to which a UCC record must have been filed with the filing office in order for it to be reflected on the search.

(5) Certification language.

The following certification language: The search results from the records of the office of the secretary of state based upon the search information you submitted as described in the search criteria section in this rule.

(6) Scope of search.

All/Unlapsed.

(7) Name provided.

Name as provided by searcher.

(8) Copies.

Types of copies requested.

(9) Report.

(C) The search report shall contain the following:

(1) Identification.

Identification of the filing office providing the search report.

(2) Search report identification number.

Unique number assigned under paragraph (B)(2) of rule 111:1-3-42 of the Administrative Code.

(3) Identification of financing statement.

Identification of each initial financing statement, including a listing of all related amendments, information statements, or filing office notices, filed on or prior to the through date corresponding to the search criteria (including whether the searcher has requested all records or only unlapsed records from the searchable index). Financing statement information shall include, but is not limited to the following:

(a) Initial financing statement file number.

The initial financing statement file number.

(b) Initial financing statement filing date and time.

The date and time it was filed.

(c) Lapse date.

Provide lapse date.

(d) Debtor name.

The debtor name(s) that appear(s) of record.

(e) Debtor address.

The debtor address(es) that appear(s) of record.

(f) Secured party name.

The secured party name(s) that appear(s) of record.

(g) Secured party address.

The secured party address(es) that appear(s) of record.

(h) Amendment type.

An indication of type of each amendment, if any.

(i) Amendment filing date and time.

The date and time each amendment, if any, was filed.

(j) Amendment file number.

The amendment file number of each amendment, if any.

(k) Information statement filing date and time.

The date and time an information statement, if any, was filed.

(l) Filing office statement filing date and time.

The date and time a filing office statement, if any, was filed.

Replaces: 111-11-64

Cite as Ohio Admin. Code 111:1-3-42

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 1309.526
Rule Amplifies: 1309.506, 1309.523
Prior Effective Dates: 7/3/01 (Emer.), 9/20/01.