This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 111:1-3-01 | Definitions.
Effective:
February 2, 2020
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. (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 this chapter. (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. (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.
Last updated October 26, 2023 at 10:47 AM
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Rule 111:1-3-02 | Means to deliver UCC records; time of filing.
Effective:
February 2, 2020
UCC records may be tendered for filing at the
filing office as follows. (A) Electronic filing - XML format. UCC records, excluding 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 date and time for a UCC record delivered by this method is the date
and 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. (B) 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 date and time for a UCC record delivered by this method
is the date and time the entry of all required elements of the UCC record in
the proper format is acknowledged by the on-line entry system. (C) 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 standard 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. (D) Hardship delivery. In the case of
hardship or other good cause, the secretary of state may, at its discretion,
allow for the communication of a UCC record by a method of communication other
than electronic filing. Hardship delivery may only occur after the filer has
received prior approval from the secretary of state. The secretary of state
will determine the policy and procedure used to accept and process a secured
transaction record under a hardship request. (E) 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.
Last updated October 26, 2023 at 10:47 AM
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Rule 111:1-3-03 | Search request delivery.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:47 AM
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Rule 111:1-3-04 | Forms.
Effective:
February 2, 2020
The forms prescribed by section 1309.521 of the
Revised Code are accepted by the filing office. In the case of hardship,
paper-based forms approved by the international association of commercial
administrators from time to time shall be accepted with prior approval from the
secretary of state. A list of forms approved by the filing office will be made
available on request.
Last updated October 26, 2023 at 10:47 AM
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Rule 111:1-3-05 | Fees.
Effective:
January 25, 2016
The fee for filing a UCC record is prescribed by
section 1309.525 of the Revised Code.
Last updated October 26, 2023 at 10:47 AM
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Rule 111:1-3-06 | Expedited services.
Effective:
January 25, 2016
Expedited services are not available for UCC
records.
Last updated October 26, 2023 at 10:48 AM
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Rule 111:1-3-07 | Methods of payment.
Effective:
February 2, 2020
Filing fees and fees for public records services
may be paid by the following methods: (A) 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. (B) 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. (C) In the case of hardship, the secretary of state may
allow for the payment of fees by an alternative method of payment. Hardship
payment may only occur after the filer has received prior approval from the
secretary of state.
Last updated October 26, 2023 at 10:48 AM
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Rule 111:1-3-08 | Overpayment and underpayment policies.
Effective:
January 25, 2016
(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.
Last updated October 26, 2023 at 10:48 AM
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Rule 111:1-3-09 | Public records services.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:48 AM
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Rule 111:1-3-10 | Fees for public records services.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:49 AM
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Rule 111:1-3-11 | Role of the filing office.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:49 AM
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Rule 111:1-3-12 | Time for filing a continuation statement.
Effective:
January 25, 2016
(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.
Last updated October 26, 2023 at 10:49 AM
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Rule 111:1-3-13 | Grounds for refusal.
Effective:
February 2, 2020
The filing office shall refuse to accept a record
for each applicable ground as set forth in section 1309.516 or 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.
Last updated October 26, 2023 at 10:49 AM
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Rule 111:1-3-14 | Procedure upon refusal.
Effective:
February 2, 2020
If the filing office finds grounds to refuse to
accept a UCC record, the reason(s) for the refusal and other related
information will be made to the remitter. During the submission process, the
electronic filing system will indicate any deficiencies and will prompt the
filer to provide all required information necessary to complete the filing. The
system will not accept a filing until all required information is
provided.
Last updated October 26, 2023 at 10:50 AM
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Rule 111:1-3-15 | Refusal errors.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:50 AM
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Rule 111:1-3-16 | Notification of defects.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:50 AM
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Rule 111:1-3-17 | UCC information management system-general.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:50 AM
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Rule 111:1-3-18 | Primary data elements.
Effective:
February 2, 2020
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 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 images 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.
Last updated October 26, 2023 at 10:50 AM
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Rule 111:1-3-19 | Individual debtor names.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:50 AM
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Rule 111:1-3-20 | Organization debtor names.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:50 AM
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Rule 111:1-3-21 | Collateral being administered by a decedent's personal representative.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:50 AM
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Rule 111:1-3-22 | Collateral held in a trust.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:51 AM
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Rule 111:1-3-23 | Initial financing statement.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:51 AM
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Rule 111:1-3-24 | Amendments generally.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:51 AM
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Rule 111:1-3-25 | Continuation statement.
Effective:
January 25, 2016
(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.
Last updated October 26, 2023 at 10:51 AM
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Rule 111:1-3-26 | Termination.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:51 AM
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Rule 111:1-3-27 | Information statement.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 10:51 AM
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Rule 111:1-3-28 | Filing office staement.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 11:07 AM
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Rule 111:1-3-29 | Procedure upon lapse.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 11:07 AM
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Rule 111:1-3-30 | Removal of record.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 11:07 AM
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Rule 111:1-3-31 | Archives-general.
Effective:
January 25, 2016
(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.
Last updated October 26, 2023 at 11:07 AM
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Rule 111:1-3-32 | Errors of the filing office.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 11:07 AM
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Rule 111:1-3-33 | Data entry.
Effective:
February 2, 2020
Data provided in electronic form is transferred to
the UCC information management system exactly as submitted by the
remitter.
Last updated October 26, 2023 at 11:07 AM
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Rule 111:1-3-34 | Verification of data entry.
Effective:
February 2, 2020
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.
Last updated October 26, 2023 at 11:08 AM
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Rule 111:1-3-35 | Notice of bankruptcy.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 11:08 AM
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Rule 111:1-3-36 | Redaction of certain information.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 11:08 AM
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Rule 111:1-3-37 | General requirements.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 11:08 AM
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Rule 111:1-3-38 | Search requests-required information.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 11:08 AM
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Rule 111:1-3-39 | Search requests-optional information.
Effective:
February 2, 2020
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 will be delivered through the
UCC information management system.
Last updated October 26, 2023 at 11:08 AM
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Rule 111:1-3-40 | Search methodology.
Effective:
January 25, 2016
(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.
Last updated October 26, 2023 at 11:08 AM
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Rule 111:1-3-41 | Changes in standard logic.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 11:08 AM
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Rule 111:1-3-42 | Search responses.
Effective:
January 25, 2016
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.
Last updated October 26, 2023 at 11:08 AM
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