justicedao/ipfs_state_laws huggingface dataset:
160-010-0720 License Information Reporting (1) Each agency identified in OAR 160-010-0710(1)(a) must report the information required by that section to the Secretary of State annually. (2) The information for a given year shall be reported at any time from June 1 through August 31 of that year. (3) All information that is reported for a given year must be valid for July 1st of that year. Statutory/Other Authority: 2013 OL Ch. 580 & Sec. 1(4) Statutes/Other Implemented: 2013 OL Ch. 580 History: CORP 1-2014, f. & cert. ef. 1-3-14 CORP 3-2013, f. 12-20-13, cert. ef. 1-1-14
160-040-0102 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. A search request may not be delivered by checking a box or otherwise including a search request in or on an initial financing statement, but may be delivered in or on a separate search request after the initial financing statement is filed. 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
160-040-0103 Forms Acceptable forms. In addition to the forms outlined in ORS 79.0521(1), the Secretary of State shall accept for filing only the standard forms approved for use by the International Association of Commercial Administrators up to July 1, 2013, and the current forms available from the Secretary of State’s website. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0515 & 79.0521 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 1-2005, f. & cert. ef. 2-1-05 CORP 1-2002, f. 11-15-02, cert. ef. 12-1-02 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0104 Fees (1) Filing fee. The fee for filing and indexing a UCC record is prescribed in ORS Ch. 79.525(1). However, if the UCC record is rejected, the submission of the record shall be deemed a filing in accordance with 79.0516, and the accompanying fee shall therefore be nonrefundable. (2) UCC search fee. The fee for a UCC debtor name search request is $10 as prescribed in ORS Ch. 79.525(3). (3) UCC search — copies. The fee for a UCC debtor name search request with copies is $15 as prescribed in ORS Ch. 79.525(3). (4) UCC search — certified copies. The fee for certified copies is $15 per document number. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0525 History: CORP 1-2013, f. 7-31-13, cert. ef. 8-1-13 CORP 5-2009, 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
160-040-0105 Methods of Payment Filing fees and fees for public records services may be paid by the following methods. (1) Cash. Payment in cash shall be accepted if paid in person at the filing office. (2) Checks. Personal checks, cashier's checks and money orders made payable to the filing office shall be accepted for payment provided that 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. (3) 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. (4) Debit and/or credit cards. The filing office shall accept payment by debit cards and credit cards issued by approved issuers. Remitters shall provide the filing officer with the card number and the expiration date of the card. Payment will not be deemed tendered until the issuer or its agent has confirmed payment. (5) Prepaid account. A remitter may open an account for prepayment of fees associated with summaries of records by submitting an application prescribed by the filing officer and prepaying the appropriate weekly or monthly fee per file, according to the schedule found in OAR 160-040-0107. The remitter will be sent a monthly statement of the deductions from their account. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0525 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
160-040-0106 Summaries of Records Public records services are provided on a non-discriminatory basis to any member of the public on the terms described in these rules. The following methods are available for obtaining copies of UCC records and copies of data from the UCC information management system. (1) Individually identified records. Copies of individually identified UCC records are available in paper format. (2) Bulk copies of records. Bulk copies of UCC records are available by weekly subscription. (3) Data from the UCC information management system. A list of available data elements from the UCC information management system, and the file layout of the data elements, is available from the filing officer upon request. Data from the UCC information management system is available as follows. (a) Full extract. A bulk data extract of information from the UCC information management system is available. The UCC Active Filing List contains all active UCC filings, and is provided weekly or monthly by subscription. (b) New Filing lists. The UCC New Filings List is provided weekly or monthly by subscription. (c) Custom Extracts. Specialized searches on data stored in the UCC database. Custom searches are limited to one secured party name per search fee. Requests for information based on cities or zip codes is limited to 5 cities or 5 zip codes per search fee. Information on custom searches will be provided in tab delimited text format or MS Excel by FTP or by e-mail. (d) Format. Extracts from the UCC information management system are available in the following formats. (A) FTP — Bulk UCC image extracts (.tif) and UCC Data extracts (tab-delimited text — .txt). (B) E-Mail — UCC New Filings List & UCC Custom Search (tab delimited text —.txt). (C) Internet Download — Bulk UCC image extracts (.tif) and UCC Data extracts (tab-delimited text — .txt). 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
160-040-0107 Fees for Summaries of Records (1) Bulk copies of records. In accordance with ORS Ch. 79.0523(6), copies of UCC filings may be provided at $20 per week. (2) Data from the UCC information management system. (a) Full extract. The UCC Active Filing List fee for this subscription is $200 per extract (b) New Filing Lists. The UCC New Filing List fees are $15 each. (c) Custom extracts. The UCC Custom Search fee shall be $50 per search paid in advance. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0523 & 79.0525 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
160-040-0200 Role of Filing Officer The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a UCC record pursuant to these rules, the filing officer does not: (1) Determine the legal sufficiency or insufficiency of a record. (2) Determine that a security interest in collateral exists or does not exist. (3) Determine that information in the record is correct or incorrect, in whole or in part. (4) Create a presumption that information in the UCC record is correct or incorrect, in whole or in part. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.516, 79.519 & 79.520 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
160-040-0201 Time for Filing a Continuation Statement (1) First day permitted. The first day on which a continuation statement may be filed is the date six months before the lapse date of the current financing statement. (2) Last day permitted. The last day on which a continuation statement may be filed is the date upon which the related financing statement lapses. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0515 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
160-040-0202 Rejection Reasons (1) The reasons for rejecting a filing submitted to the filing officer shall be those listed in Oregon Revised Statute (ORS) Ch. 79.0516 and as delineated in the Jurisdictions Guidelines for Accepting a UCC Record for Filing Chart, published by the International Association of Commercial Administrators. (2) For the purposes of ORS 79.0516(2)(h), collateral "within the scope of this chapter" shall include: (a) Interest accounts (79.0310); (b) Tangible chattel paper (79.0312); (c) Electronic chattel paper (79.0312); (d) Commercial tort claim (79.0310); (e) Certain consumer goods interests (79.0310); (f) Negotiable documents (79.0312); (g) Equipment (79.0310); (h) Farm products (79.0310); (i) Certain general intangible transactions (79.0310); (j) Instruments (79.0312); (k) Inventory (79.0310); (l) Interests in investment property created by debtor other than broker or intermediary (79.0312). (3) For the purposes of ORS 79.0516(2)(h), factors that indicate "the record is being filed for a purpose not within the scope of this chapter" shall include, but are not limited to: (a) Collateral description/attachments that contain: (A) Birth Certificate, Certificate of Live Birth, etc. (B) Driver's License. (C) Treasury Account number. (D) Employer ID number. (E) Private Setoff Account number. (F) Marriage Certificate number. (G) Bill of Exchange. (H) Dollar amount(s) that are disproportionately large. (b) References to: (A) Public Policy HJR-192, Public Law 73-10. (B) House Joint Resolution 192 of June 1933. (C) UCC 1-103, UCC 1-104, UCC 10-104, UCC 1-201(39), UCC 3-419, UCC-401. (c) Words and phrases: (A) "Exempt from Levy." (B) "Exempt from all taxes, burden, charges and duty" or parts thereof. (C) "Accepted for value." (D) "Actual and Constructive Notice." (E) "Strawman." (F) "Non negotiable Notice of Transfer." (G) "Notice of Dishonor." (4) In determining under ORS 79.0516 whether or not there is one or more grounds to refuse a UCC record, the filing office will refuse a record that does not provide an address that meets the minimum requirements for an address as set forth in these administrative rules. (5) In addition to rejection reasons under ORS 79.516, the filing office will refuse a record that contains a Social Security Number, a state identification number, a driver license number, a credit or debit card number or an account number that is not redacted so that not more than the last four digits of a number are accessible. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 56.037 & 79.0516 History: CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08 CORP 2-2004, f. & cert. ef. 9-1-04 CORP 1-2002, f. 11-15-02, cert. ef. 12-1-02 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01
160-040-0203 Procedure Upon Refusal If the filing officer finds grounds to refuse a UCC record, 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. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0520 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
160-040-0204 Refusal Errors If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC record that was refused for filing should not have been refused, the filing officer will file the UCC record with the filing date and time the UCC record was originally tendered for filing. The filing officer shall also file a filing officer statement noting when and why the record was changed. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0520 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
160-040-0205 Notification of Defects Nothing in these rules prevents a filing officer from communicating to a filer or a remitter that the filing officer 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. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0520 History: CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08
160-040-0300 Policy Statement The filing officer uses a UCC information management system to store, index, and retrieve information relating to financing statements. The UCC information management system includes an index of the names of debtors included on financing statements that are active records. The rules in this section describe the UCC information management system. 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
160-040-0301 Primary Data Elements The primary data elements used in the UCC information management system are the following. (1) Identification numbers. (a) Initial financing statements. 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 such system. Such record is identified by the same information assigned to the initial financing statement. (b) Other UCC records. A UCC record other than an initial financing statement is identified by a unique file number assigned by the filing officer. 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. (2) 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. (3) Filing date and filing 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. (4) Identification of parties. The names and addresses of debtors and secured parties are transferred from UCC records to the UCC information management. (5) Status of financing statement. In the UCC information management system, each financing statement has a status of active or inactive. (6) Page count. The total number of pages in a UCC record is maintained in the UCC information management system. (7) 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 rules 160-040-0306(3); 160-040-0307; and 160-040-0308(1). (8) 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 by comprised of records in the UCC information management system indentified to be included in such searchable index. 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
160-040-0302 Individual Debtor Names For purposes of these rules, 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. (1) Individual name fields. Individual debtor names are stored in files 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 names(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 officer 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. (2) Titles, prefixes and suffixes. Titles, prefixes (e.g. “Ms.”) and suffixes or indications of status (e.g. “M.D.”) are not typically part of a debtor’s name. Suffixes used to distinguish between family members with identical names (e.g., “JR.”) should be provided in the Suffix field. However, when entering a “name” into the UCC information management system, the data will be entered exactly as they appear. (3) Extended debtor name field. The Financing Statement form has limited space for individual debtor names. If any portion of the individual debtor name is too long for the corresponding field, the filer is instructed to check the box that indicates the name was too long and enter the name in item 10 of the Addendum Form UCC1AD. A filing officer shall not refuse to accept a Financing Statement that lacks debtor information in item 1 and/or item 2 in the record includes an Addendum that provides a debtor name in item 10. (4) Truncation — individual names. Personal name fields in the UCC database 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 officer, up to the maximum length of the data entry field. The length of data entry name fields are as follows. (a) Surname: 40 characters. (b) First Personal Name: 20 characters. (c) Additional name(s)/initial(s): 40 characters. (d) Suffix: 10 characters. 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
160-040-0303 Organization Debtor Names For purposes of these rules, 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. (1) 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. (2) Truncation organization names. The organization debtor name field in the UCC database is fixed in length. The maximum length is 250 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 officer, up to the maximum length of the organization debtor name field. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.0519 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
160-040-0304 Estates 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 in 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 will enter data submitted by a filer in the fields designated by the filer exactly as it appears in such fields. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.519 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
160-040-0305 Trusts 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. 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 of a settlor that is an organization should be provided as an organization debtor name, and the name of a settlor 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 will enter data submitted by a filer in the fields designated by the filer exactly as it appears in such fields. Statutory/Other Authority: ORS 79.0526 Statutes/Other Implemented: ORS 79.519 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
160-040-0306 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. (1) 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. (2) Status of debtor. Each debtor name provided by the initial financing statement shall be indexed in the UCC information management system so long as the financing statement is an Active Record. (3) Status of financing statement. The financing statement shall be an Active Record. A lapse date shall be calculated, five years from the file date, unless (i) the initial financing statement indicates as provided in rule 0306(4) that it is filed with respect to a public-financing transaction in which case the lapse date shall be thirty years from the file date, or (ii) the initial financing statement indicates as provided in rule 0306(4) that it is filed against a transmitting utility, in which case there shall be no lapse date. (4) Transmitting utility 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 public-finance transaction, or that a financing statement is being or has been filed against a debtor that is a transmitting utility, to affect the filing office’s determination of the lapse date under rule 0306(3) or 0307, is to so indicate by checking the appropriate box on a UCC1 initial financing statement. 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 3-2001, f. 12-14-01 cert. ef. 1-1-02 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01