justicedao/ipfs_state_laws huggingface dataset:
160-040-0307 Amendment 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. 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. In general, the filing of an amendment does not affect the status of the financing statement. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0512 History: CORP 1-2013, f. 7-31-13, cert. ef. 8-1-13 CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0308 Assignment of Powers of Secured Party of Record (1) Status of the parties. An assignment shall have no effect on the status of the parties to the financing statement, except that each assignee named in the assignment shall become a secured party of record. (2) Status of financing statement. An assignment shall have no effect upon the status of the financing statement. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0514 History: CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0309 Continuation (1) Continuation of lapse date. Upon the timely filing of one or more continuations by any secured party(ies) of record, the lapse date of the financing statement shall be extended for five years. (2) Status of parties. The filing of a continuation shall have no effect upon the status of any party to the financing statement. (3) Status of financing statement. Upon the filing of a continuation statement, the status of the financing statement remains active. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0510 & 79.0526 History: CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0310 Termination (1) Status of parties. The filing of a termination shall have no effect upon the status of any party to the financing statement. (2) Status of financing statement. A termination shall have no effect upon the status of the financing statement and the financing statement shall remain active in the UCC information management system until the lapse date, and accessible until one year after it lapses. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0510 & 79.0526 History: CORP 1-2013, f. 7-31-13, cert. ef. 8-1-13 CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 3-2001, f. 12-14-01 cert. ef. 1-1-02 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0311 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 to the information maintained in the UCC information management system. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0518 History: CORP 1-2013, f. 7-31-13, cert. ef. 8-1-13 CORP 4-2009, f. 12-22-09, cert. ef. 1-1-10 CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0312 Filing Officer Statement A filing officer 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 officer statement. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.515 & 79.526 History: CORP 1-2013, f. 7-31-13, cert. ef. 8-1-13 CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 3-2001, f. 12-14-01 cert. ef. 1-1-02 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0400 Lapse Date and Time (1) 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 and the UCC information management system renders or is caused to render the financing statement inactive. On the first anniversary of such lapse date, the financing statement will no longer be made available to a searcher unless inactive statements are requested by the searcher and the financing statement is still retrievable by the UCC information management system. (2) Lapse Date and Time. A lapse date is calculated for each initial financing statement (unless the debtor is indicated to be a transmitting utility). The lapse date is the same date of the same month as the filing date in the fifth year after the filing date or relevant subsequent fifth anniversary thereof if timely continuation statement is filed, but if the initial financing statement indicates that it is filed with respect to a public finance transaction, the lapse date is the same date of the same month as the filing date in the thirtieth year after the filing date. The lapse takes effect at the end of the business day of the lapse date. The relevant anniversary for a February 29 filing date shall be the March 1 in the fifth year following the year of the filing date. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.515 & 79.526 History: CORP 1-2013, f. 7-31-13, cert. ef. 8-1-13 CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0401 Errors of the Filing Officer The filing office may correct the data entry and indexing errors of filing officer personnel in the UCC information management system at any time. If the correction occurs after the filing officer has issued a certification date that includes the filing date of the corrected document, the filing officer shall enter a filing officer statement in the UCC information management system identifying the record to which it relates, stating the date of the correction, and explaining the nature of the corrective action taken. The record shall be preserved as long as the record of the initial financing statement is preserved in the UCC information management system. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0515 History: CORP 1-2013, f. 7-31-13, cert. ef. 8-1-13 CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0402 Data Entry of Names A filing should designate whether a name is a name of an individual or an organization. Filers should be aware that the inclusion of names in an incorrect field or failures to transmit names accurately to the filing office may cause filings to be ineffective. (1) Organization names. Organization names are entered into the UCC information management system exactly as set forth in the UCC record, even if it appears that multiple names are set forth in the record or if it appears that the name of an individual has been included in the field designated for an organization name. (2) Individual names. On a form that designates separate fields for surname, first personal name, additional name(s)/initial(s) and any suffix, the filing officer enters the names into the surname, first personal name, additional name(s)/initial(s) and suffix fields in the UCC information management system exactly as set forth on the form. (3) If a UCC record is tendered that provides characters not permitted under rule 0101(6), and the filing office nevertheless accepts the form for filing, the filing office will substitute in its UCC information management system, for each such character, the character of the English alphabet A–Z, and symbols found on a standard QWERTY keyboard, that is its closest visual counterpart. Example: an "ê" will be entered as an "e". A "¿" will be entered as a "?". "©" would not be entered at all and the filing will be rejected. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0519 History: CORP 1-2013, f. 7-31-13, cert. ef. 8-1-13 CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0403 Notice of Bankruptcy The filing officer 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. Accordingly, financing statements will lapse as scheduled unless properly continued. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0522 History: CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0404 Redaction of Certain Information The filing officer is obliged to redact certain information from the information it provides to searchers and bulk data purchasers in accordance with ORS 56.037. Such information should not be included in UCC records and will be redacted in accordance with such laws. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 56.037 History: CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08
160-040-0500 General Requirements The filing officer maintains for public inspection a searchable index for all Active Records in the UCC information management system. Active Records will be retrievable by the name of the debtor or by the file number of the related initial financing statement, and each Active Record related to an initial financing statement is retrieved with the initial financing statement using either retrieval method. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0523 History: CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0501 Search Requests Search requests — required information. Search requests shall include the following: (1) Name searched. A search request must set forth the name of the debtor to be searched using designated fields for organization and 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 the subject of the search. (2) Requesting party. The name and address of the person to whom the search results is to be sent. (3) Fee. The appropriate fee shall be tendered by a method described in rule 160-040-0104. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0523 History: CORP 1-2013, f. 7-31-13, cert. ef. 8-1-13 CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0502 Search Requests — Optional Information A UCC search request may contain any of the following information. (1) Copy request. The request may ask for copies of UCC records identified on the primary search response. (2) 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. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0523 History: CORP 1-2013, f. 7-31-13, cert. ef. 8-1-13 CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0504 Notice of Changes Changes in standard search 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 will provide public notice of such change. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0506 & 79.0523 History: CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 3-2001, f. 12-14-01 cert. ef. 1-1-02 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0505 Search Responses Reports created in response to a search request shall include the following. (1) Filing officer. Identification of the filing officer responsible for search report. (2) Report date. The date and time the report was generated. (3) Name searched. Identification of the name searched. (4) Search string. Normalized name as provided in 160-240-0503. (5) Unique search report identification number. Unique number which identifies the search report. (6) Through date. The date 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. (7) Copies. Copies of all UCC records revealed by the search and requested by the searcher. Copies of all UCC records retrieved by the search will reflect any redaction of personal identifying information required by law. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0523 History: CORP 1-2013, f. 7-31-13, cert. ef. 8-1-13 CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08
160-040-0506 Search Report The search report shall contain the following. (1) Identification of financing statement. Identification of each initial financing statement, including a listing of all related amendments, information statements, or filing officer notices, filed on or prior to the through date corresponding to the search criteria (including whether the searcher has requested Active Records or only Unlapsed Records). 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. The date it was filed. (c) Lapse date. Provide lapse date as calculated as of the through date established under rule 505(5). (2) Debtor name. The debtor name(s) that appear(s) of record. (3) Debtor address. The debtor address(s) that appear(s) of record. (4) Secured party name. The secured party name(s) that appear(s) of record. (5) Secured party address. The secured party address(es) that appear(s) of record. (6) Amendment type. An indication of type of each amendment, if any. (7) Amendment filing date and time. The date and time each amendment, if any, was filed. (8) Amendment file number. The amendment file number of each amendment, if any. (9) Information statement filing date and time. The date and time a correction statement, if any, was filed. (10) Filing officer statement filing date and time. The date and time a filing officer statement, if any, was filed. (11) Filing Type. The type of filing, including UCC financing statement, type of statutory lien or warrant, or EFS filing. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0523 History: CORP 1-2013, f. 7-31-13, cert. ef. 8-1-13 CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08
160-040-0507 Renewal Report In accordance with ORS 79.0515, a renewal notice report will be posted on the Corporation Division website twice a year: January 1 and July 1. (1) The renewal notice report shall contain the following: (a) Secured party name and address; (b) Filing/lien number; (c) Lien type: (A) UCC; (B) EFS; or (C) Revenue warrants; (d) Lapse date; and (e) Debtor name. (2) The Renewal Report will be posted in the following formats: (a) Microsoft Excel, and (b) Tab-delimited text. (3) A statement will be posted on the Corporation Division website that the secured party must file a continuation statement or an initial financing statement to continue a financing statement or effective financing statement. Statutory/Other Authority: 79.0526 Statutes/Other Implemented: 79.0515 History: CORP 4-2009, f. 12-22-09, cert. ef. 1-1-10
160-050-0100 Definitions and Abbreviations (1) "APL": Agricultural Produce Lien (2) "ASL": Agricultural Services Lien. (3) "GPL": Grain Producer’s Lien (4) "Standard Form": Those forms approved by the Secretary of State's Office for use in the ASL system. The approval specifications include the content, layout, and manner of printing. Forms that do not meet every criterion may not be considered standard forms. (5) "UCC": Uniform Commercial Code. Statutory/Other Authority: ORS 87.226, 87.246, 87.346, OL 2001 Ch. 301 Sec. 26 & 87.767 Statutes/Other Implemented: ORS 87.226, 87.705 & 87.755 History: CORP 3-2001, f. 12-14-01 cert. ef. 1-1-02 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94 PRD 1-1989, f. 12-12-89, cert. ef. 1-1-90
160-050-0110 Statutory Lien Standard Forms The following forms have been approved by the Secretary of State as the standard forms for general use in filing statements. These forms are available through the Secretary of State’s web site and by fax. Some may also be purchased from publishers of legal forms. (1) Agricultural Services Lien: (a) Notice of Claim of Agricultural Services Lien — Farm Labor, Services, Materials; (b) Certificate of Satisfaction of Agricultural Services Lien; (c) Cessation Form. (2) Agricultural Produce Lie: (a) Notice of Claim of Agricultural Produce Lien; (b) Certificate of Satisfaction of Agricultural Produce Lien. (3) Grain Producer’s Lien: (a) Notice of Claim of Grain Producer’s Lien; (b) Certificate of Satisfaction of Grain Producer’s Lien. Statutory/Other Authority: ORS 87.246, 87.346, 2001 OL Ch. 301 Sec. 2 & 87.767 Statutes/Other Implemented: ORS 87.242, 87.346, 87.710, 87.735, 87.762 & 87.777 History: CORP 3-2001, f. 12-14-01 cert. ef. 1-1-02 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94 PRD 1-1989, f. 12-12-89, cert. ef. 1-1-90
160-050-0115 Statutory Lien Attestation (1) The written notice of claim of lien, as described in ORS 87.242(2), shall include a statement verified by an attestation under penalty of perjury. (2) The form of the attestation shall be signed by the lien claimant, and shall include the following sentence in prominent letters immediately above the signature of the lien claimant: “I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.” Statutory/Other Authority: ORS 87.246 Statutes/Other Implemented: ORS 87.242 History: CORP 3-2012, f. & cert. ef. 3-1-12
160-050-0130 Statutory Filing Standards (1) A filing officer is not required to determine if a lien is properly prepared or presented to the appropriate filing officer. This is the sole responsibility of the individual filing the lien. (2) All forms filed with a UCC filing officer must comply with all information requirements and include all required fees and signatures. (3) A filing officer is not required to determine if an Agricultural Produce Lien is filed for extension within the dates specified by ORS 87.710. (4) Statutory Liens filed with the Secretary of State’s office shall use the forms listed in OAR 160-050-0110. Statutory/Other Authority: ORS 87.242, 87.346, 87.710, 87.735, 87.762, 87.777, 465.335 & 466.835 Statutes/Other Implemented: ORS 87.242, 2001 OL Ch. 301 Sec. 2, 87.762, 465.335 & 466.835 History: CORP 3-2001, f. 12-14-01 cert. ef. 1-1-02 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94 PRD 1-1989, f. 12-12-89, cert. ef. 1-1-90
160-050-0140 Statutory Lien Filing and Search Fees (1) The Statutory Lien filing fees are: (a) Agricultural Produce Lien: (A) Notice of Claim of Agricultural Produce Lien — $15 per form; (B) Certificate of Satisfaction of Agricultural Produce Lien — No Charge. (b) Agricultural Services Lien: (A) Notice of Claim of Agricultural Services Lien — $15 per form; (B) Certificate of Satisfaction — No Charge; (C) Cessation — $15 per form. (c) Grain Producer's Lien: (A) Notice of Claim of Grain Producer's Lien — $15 per form; (B) Certificate of Satisfaction — No Charge. (d) Hazardous Waste Lien: Notice of Claim of Lien for Environmental Cleanup of Hazardous Waste — $15 per form. (e) Federal Tax Lien: (A) Notice of Federal Tax Lien — $15; (B) Refiling of Notice of Federal Tax Lien — $15; (C) Certificate of Release, Nonattachment, Discharge, or Subordination — $15; (D) Notice of Revocation of Certificate— $15. (2) The Statutory Lien search fees are: (a) Lien Search — $10 per name; (b) Requested Lien Copy(ies) — $5; (c) Certificate (State seal) — $10 per cert. Statutory/Other Authority: ORS 87.246(3), 87.767, 177.130 & 192.440 Statutes/Other Implemented: ORS 87.246, 87.736, 87.767, 177.130 & 192.440 History: CORP 5-2012, f. & cert. ef. 6-1-12 CORP 5-2010, f. 3-24-10, cert. ef. 4-2-10 CORP 3-2010(Temp), f. 2-3-10, cert. ef. 2-27-10 thru 8-26-10 CORP 3-2001, f. 12-14-01 cert. ef. 1-1-02 CORP 1-1995, f. 2-8-95, cert. ef. 9-1-95 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94 PRD 1-1989, f. 12-12-89, cert. ef. 1-1-90 PRD 4-1988, f. & cert. ef. 3-17-88, Renumbered from 164-010-0030
160-050-0160 Statutory Lien Miscellaneous Services (1) In addition to debtor name based search requests and summaries, the Secretary of State, Corporation Division, Uniform Commercial Code Section may provide other information retrieval and research services: (a) The fees for research service shall be $20 per hour based on actual costs incurred. Amounts of less than one hour shall be charged in 1/2 hour increments; (b) The fee for research service computer printouts shall be $1 per page. (2) The UCC section may charge a fee for supplying copies of the Farm Products and Statutory Lien electronically stored records on request. Farm Products and Statutory Liens information shall be furnished according to the fees and formats outlined in OAR 160-040-0106 and 160-040-0107. (3) Upon filing an agricultural statutory lien (ASL, APL, and GPL), the filer will be provided with a list of persons who have filed a financing statement under ORS 79.4010 that perfects a security interest in the inventory, proceeds or accounts receivable of the lien debtor or purchaser. (a) This list will be produced using the same search logic as for search requests under OAR 160-040-0502. (b) The information provided to the filer will correspond to a search report as defined in OAR 160-040-0504(1) through (6). (c) The search report will be provided at the same time as the acknowledgment of the ASL, APL or GPL filing. Statutory/Other Authority: ORS 177.130, 87.246(3), 2001 OL Ch. 301 Sec. 3 & 2001 SB 171 Sec. 97.9-526 Statutes/Other Implemented: 2001 SB 171 Sec. 94.9-523 & 2001 OL Ch. 301 Sec. 3 History: CORP 3-2001, f. 12-14-01 cert. ef. 1-1-02 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94 PRD 1-1989, f. 12-12-89, cert. ef. 1-1-90
160-050-0165 Statutory Lien Duration (1) Agricultural Services Lien. Unless made inactive by a Certificate of Satisfaction filing, an ASL shall remain in the index maintained by the secretary for financing statements for two years from the date of its filing with that office. (2) Agricultural Produce Lien. Unless made inactive by a Certificate of Satisfaction filing, an APL shall remain in the index maintained by the secretary for financing statements for one year from the date of its filing with that office. (3) Grain Producer’s Lien. Unless made inactive by a Certificate of Satisfaction filing, a GPL shall remain in the index maintained by the secretary for financing statements for two years from the date of its filing with that office. Statutory/Other Authority: ORS 87.246, 2001 OL Ch. 301 Sec. 2 & ORS 87.767 Statutes/Other Implemented: ORS 87.266, 2001 OL Ch. 301 Sec. 3 & ORS 87.762. History: CORP 3-2001, f. 12-14-01 cert. ef. 1-1-02