reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.02 - RULES GOVERNING LIENS IN CROPS FOR SEED OR LIENS IN CROPS FOR FARM LABOR › Section 34.05.02.200 - REGISTRATION AND SUBSCRIPTION FOR LIST OF LIENS IN CROPS FOR SEED OR LIENS IN CROPS FOR FARM LABOR

Current through August 31, 2023
Any person may register and subscribe for regular distribution of lists of all presently effective notices of claim of liens in crops for seed or liens in crops for farm labor which have been filed under this rule. Unless otherwise set forth in this chapter, the registration and subscription for the list of liens in crops for seed or liens in crops for farm labor shall be administered by the rules as set forth in IDAPA 34.05.01, "Rules Governing Farm Products Central Filing System," Section  201. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.02 - RULES GOVERNING LIENS IN CROPS FOR SEED OR LIENS IN CROPS FOR FARM LABOR › Section 34.05.02.201 - LIST OF NOTICES OF CLAIM OF LIEN (LIST)

Current through August 31, 2023
01.
Compilation and Distribution
. The SOS shall compile and make available to subscribers a list that includes all presently effective notices of claim of liens in crops for seed or liens in crops for farm labor. (3-25-22)
02.
Schedule
. The list will be published on a bi-weekly schedule to be established by the SOS. (3-25-22)
03.
Cut-Off
. In order to be included on a list, a notice of claim of lien must be received by the SOS at least one (1) business day prior to publication. (3-25-22)
04.
Schedule
. At the beginning of each quarter, the SOS will make available a schedule of proposed publication dates for that calendar quarter. The SOS may, for good cause, deviate from the schedule, but every list will be marked with the actual date of publication. In no case will there be more than eighteen (18) days between publications of lists. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.02 - RULES GOVERNING LIENS IN CROPS FOR SEED OR LIENS IN CROPS FOR FARM LABOR › Section 34.05.02.300 - REQUEST FOR INFORMATION

Current through August 31, 2023
Requests for information on notices of claim of liens in crops for seed or liens in crops for farm labor, both written and verbal, will comply with IDAPA 34.05.03, "Rule Governing Requests For Information -- Form UCC-4 -- Fees." (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.02 - RULES GOVERNING LIENS IN CROPS FOR SEED OR LIENS IN CROPS FOR FARM LABOR › Section 34.05.02.301 - FEES

Current through August 31, 2023
01.
Notice of Claim of Lien, Notice of Amendment, Assignment, or Extension. (3-25-22)
a. The fee is four dollars ($4) if the form is filed online, and is eight dollars ($8) in any other form, to be paid at the time of filing. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.03 - REQUESTS FOR INFORMATION - FORM UCC-4 - FEES › Section 34.05.03.000 - LEGAL AUTHORITY

Current through August 31, 2023
01.
Title 28, Chapter 9, Part 4, Idaho Code
. (3-25-22)
02.
Title 45, Chapters 2 and 3, Idaho Code
. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.03 - REQUESTS FOR INFORMATION - FORM UCC-4 - FEES › Section 34.05.03.010 - DEFINITIONS

Current through August 31, 2023
01.
SOS
. Secretary of State. (3-25-22)
02.
EFS
. An effective financing statement relating to farm products, as described in IDAPA 34.05.01, "Rules Governing Farm Products Central Filing System." (3-25-22)
03.
Notice of Lien in Crops
. A notice of claim of lien in crops for seed or farm labor, as described in IDAPA 34.05.02, "Rules Governing Liens in Crops, For Seed, and Farm Labor." (3-25-22)
04.
Notice of Federal Lien
. A notice of lien in personal property filed by the Internal Revenue Service or other federal entity pursuant to Title 45, Chapter 2, Idaho Code. (3-25-22)
05.
UCCFS
. A financing statement filed pursuant to Sections  28-9-402  and  28-9-403, Idaho Code, other than one relating to farm products. (3-25-22)
06.
Notices
. A collective term used in this rule to include all of the notices and financing statements described in the foregoing Subsections  010.02  through  010.05, as well as all ancillary documents pertaining thereto. (3-25-22)
07.
Debtor
. Includes a lienee under Title 45, Chapter 2, Idaho Code, and a producer under Title 45, Chapter 3, Idaho Code. (3-25-22)
08.
Secured Party
. Includes the federal government under Title 45, Chapter 2, Idaho Code, and a claimant under Title 45, Chapter 3, Idaho Code. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.03 - REQUESTS FOR INFORMATION - FORM UCC-4 - FEES › Section 34.05.03.011 - REQUESTS FOR INFORMATION

Current through August 31, 2023
Upon the request of any person, the SOS shall issue a certificate showing all notices of the types included in a request naming a particular debtor. The certificate shall include the date and hour of filing of each notice, and the name and address of each secured party named therein. If the requested notices include EFS's or notices of liens in crops, the certificate shall further include other information described in IDAPA 34.05.01, "Rules Governing Farm Products Central Filing System," and IDAPA 34.05.02, "Rules Governing Liens in Crops, for Seed and Farm Labor," as applicable. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.03 - REQUESTS FOR INFORMATION - FORM UCC-4 - FEES › Section 34.05.03.012 - FEES

Current through August 31, 2023
01.
Information Only
. Ten dollars ($10) when filed online. (3-25-22)
02.
Information and Images
. Sixteen dollars ($16) when filed online. (3-25-22)
03.
Filing not Submitted Online
. An additional twenty dollars ($20). (3-25-22)
04.
Payment
. Notwithstanding any other provision of this rule, cash payment in advance is required from a requesting party before a certificate will be provided. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Section 34.05.06.000 - LEGAL AUTHORITY AND REFERENCES

Current through August 31, 2023
In accordance with Sections  67-903(9)   (1977) and 28-9-526 (2001), Idaho Code, the Secretary of State has authority to promulgate administrative rules in order to execute the duties of the Office; this authority includes rules to implement Revised Article 9 of the Uniform Commercial Code, House Bill 205 (2001). (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Section 34.05.06.001 - SCOPE

Current through August 31, 2023
These rules govern the filing, acceptance, indexing and searching of financing statements in the Secretary of State's Office under Article 9 of the Uniform Commercial Code. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 1 - GENERAL PROVISIONS › Section 34.05.06.103 - PLACE OF FILING

Current through August 31, 2023
The Secretary of State's Office is the filing office for filing UCC documents relating to all types of collateral except for timber to be cut, as-extracted collateral (Section  28-9-102(a)(6), Idaho Code) and, when the relevant financing statement is filed as a fixture filing, goods which are or are to become fixtures. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 1 - GENERAL PROVISIONS › Section 34.05.06.104 - FILING OFFICE IDENTIFICATION

Current through August 31, 2023
In addition to the promulgation of these rules, the filing office will disseminate information of its location, mailing address, telephone and facsimile numbers, and its internet and other electronic "addresses" through usual and customary means. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 1 - GENERAL PROVISIONS › Section 34.05.06.105 - OFFICE HOURS

Current through August 31, 2023
Although the filing office maintains regular office hours, it receives transmissions by facsimile twenty-four (24) hours per day, three hundred sixty-five (365) days per year, except for scheduled maintenance and unscheduled interruptions of service. Electronic filings may be available in the near future, and will be possible twenty-four (24) hours per day, three hundred sixty-five (365) days per year, except for scheduled maintenance and unscheduled interruptions of service. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 1 - GENERAL PROVISIONS › Section 34.05.06.106 - UCC DOCUMENT DELIVERY

Current through August 31, 2023
UCC documents may be tendered for filing at the filing office as follows: (3-25-22)
01.
Personal Delivery, at the Filing Office's Street Address
. The file time for a UCC document delivered by this method is when delivery of the UCC document is accepted by the filing office (even though the UCC document may not yet have been accepted for filing and subsequently may be rejected). (3-25-22)
02.
Courier Delivery, at the Filing Office's Street Address
. The file time for a UCC document delivered by this method is, notwithstanding the time of delivery, the next close of business following the time of delivery (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected). A UCC document delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business. (3-25-22)
03.
Postal Service Delivery to the Filing Office's Mailing Address
. The file time for a UCC document delivered by this method is the next close of business following the time of delivery (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected). A UCC document delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business. (3-25-22)
04.
Online Delivery Through the Filing Office's Website
. The file time for a UCC document delivered by this method is, when the document is submitted to the filing office (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected). (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 1 - GENERAL PROVISIONS › Section 34.05.06.107 - SEARCH REQUEST DELIVERY

Current through August 31, 2023
UCC search requests may be delivered to the filing office by any of the means by which UCC documents may be delivered to the filing office. Requirements concerning search requests are set forth in Section  501. UCC search requests upon a debtor named on an initial financing statement may be made by an appropriate indication on the face of the initial financing statement form if the form is entitled to be filed with the standard form fee and the relevant search fee is also tendered with the initial financing statement (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 1 - GENERAL PROVISIONS › Section 34.05.06.108 - ACCEPTABLE FORMS

Current through August 31, 2023
The forms set forth in Section  28-9-521, Idaho Code, shall be accepted by the filing office. Forms approved by the International Association of Corporation Administrators on or prior to July 1, 2001, and forms approved by the filing office shall be accepted. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 1 - GENERAL PROVISIONS › Section 34.05.06.111 - FILING FEES

Current through August 31, 2023
Section  28-9-525, Idaho Code. (3-25-22)
01.
Filing Fee
. The fee for filing and indexing a UCC document of one (1) or two (2) pages communicated on paper or in a paper-based format is six dollars $(6). If there are additional pages, the fee is twelve dollars ($12). When available, the fee for filing and indexing a UCC document communicated by a medium authorized by these rules which is other than on paper or in a paper-based format shall be three dollars ($3). (3-25-22)
02.
UCC Search Fee
. The fee for a UCC online search is three dollars ($3). Certified searches may be performed using form UCC4 with fees as per IDAPA rule  34.05.03. (3-25-22)
03.
Correct Filing Fee is Required for Processing
. Incorrect calculated payments will be returned. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 1 - GENERAL PROVISIONS › Section 34.05.06.113 - METHODS OF PAYMENT

Current through August 31, 2023
Filing fees and fees for public records services may be paid by the following methods: (3-25-22)
01.
Cash
. Payment in cash shall be accepted if paid in person at the filing office. (3-25-22)
02.
Checks
. Personal checks, business checks, bank-certified checks or cashiers checks and money orders shall be accepted for payment if they are drawn on a bank acceptable to the filing office or if the drawer is acceptable to the filing office. (3-25-22)
03.
Credit Card
. Payment with a credit card shall be accepted if paid in person at the filing office or making a payment online. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 1 - GENERAL PROVISIONS › Section 34.05.06.114 - PUBLIC RECORDS SERVICES

Current through August 31, 2023
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 documents and copies of data from the UCC information management system. (3-25-22)
01.
Individually Identified Documents
. Copies of individually identified UCC documents are available either from a computer terminal in the reception area in the filing office or through any medium otherwise accepted by the filing office. There is a charge of twenty-five cents ($.25) per page for printed information, but only if four (4) or more pages are printed. (3-25-22)
02.
Bulk Copies of Documents
. Bulk copies of UCC documents are available by subscription. (3-25-22)
03.
Data from the Information Management System
. A list of available data elements from the UCC information management system, and the file layout of the data elements, are available from the filing officer upon request. Data from the information management system is available as follows: (3-25-22)
a. Full Extract. A bulk data extract of information from the UCC information management system is available on a bi-weekly basis. (3-25-22)
b. Format. Extracts from the UCC information management system are available in plain text format. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 1 - GENERAL PROVISIONS › Section 34.05.06.115 - FEES FOR PUBLIC RECORDS SERVICES

Current through August 31, 2023
Fees for public records services are established as follows: (3-25-22)
01.
Charge for Paper Copies
. The charge for paper copies of individual documents is one dollar ($1) per page. (3-25-22)
02.
Data From the Information Management System
. The charge for a full extract is one hundred twenty-five dollars ($125) per bi-weekly download. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 1 - GENERAL PROVISIONS › Section 34.05.06.116 - NEW PRACTICES AND TECHNOLOGIES

Current through August 31, 2023
The filing officer may adopt practices and procedures to accomplish receipt, processing, maintenance, retrieval and transmission of, and remote access to, Article 9 filing data by means of electronic, voice, optical and/or other technologies, and, without limiting the foregoing, to maintain and operate, in addition to or in lieu of a paper-based system, a non-paper-based Article 9 filing system utilizing any of such technologies. In developing and utilizing technologies and practices, the filing officer shall, to the greatest extent feasible, take into account compatibility and consistency with technologies, practices, policies and regulations adopted in connection with Article 9 filing systems in other states. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section 34.05.06.200 - ROLE OF FILING OFFICER

Current through August 31, 2023
01.
Duties and Responsibilities
. The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. (3-25-22)
02.
What the Filing Officer Does Not Do
. In accepting for filing or refusing to file a UCC document pursuant to these rules, the filing officer does not: (3-25-22)
a. Determine the legal sufficiency or insufficiency of a document. (3-25-22)
b. Determine that a security interest in collateral exists or does not exist. (3-25-22)
c. Determine that information in the document is correct or incorrect, in whole or in part. (3-25-22)
d. Create a presumption that information in the document is correct or incorrect, in whole or in part. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section 34.05.06.201 - DUTY TO FILE

Current through August 31, 2023
Provided that there is no ground to refuse acceptance of the document under Section  202, a UCC document is filed upon its receipt by the filing officer with the filing fee and the filing officer shall promptly assign a file number to the UCC document and index it in the information management system. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section 34.05.06.204 - TIME LIMIT

Current through August 31, 2023
The filing officer shall determine whether criteria exist to refuse acceptance of a UCC document for filing not later than the second business day after the date the document would have been filed had it been accepted for filing and shall index a UCC document not so refused within the same time period. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section 34.05.06.205 - PROCEDURE UPON REFUSAL

Current through August 31, 2023
If the filing officer finds any basis under Section  202  to refuse acceptance of a UCC document, the filing officer shall return the document, if written, to the remitter and refund the filing fee. The filing office shall send a notice that contains the date and time the document would have been filed had it been accepted for filing (unless such date and time are stamped on the document), and a brief description of the reason(s) for refusal to accept the document under Section  202. The notice shall be sent to a secured party or the remitter as provided in Subsection  401.02.b. no later than the second business day after of the determination to refuse acceptance of the document. A refund may be delivered with the notice or under separate cover. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section 34.05.06.206 - ACKNOWLEDGMENT

Current through August 31, 2023
At the request of a filer or remitter, the filing officer shall communicate to the filer or remitter the information in the filed document, the file number and the date and time of filing. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section 34.05.06.207 - OTHER NOTICES

Current through August 31, 2023
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 document, whether or not it was filed or refused for filing. However, the filing office is under no obligation to do so and may not have the resources to do so. THE RESPONSIBILITY FOR THE LEGAL EFFECTIVENESS OF FILING RESTS WITH FILERS AND REMITTERS AND THE FILING OFFICE BEARS NO RESPONSIBILITY FOR SUCH EFFECTIVENESS. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section 34.05.06.208 - REFUSAL ERRORS

Current through August 31, 2023
If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC document that was refused for filing should not have been, the filing officer will file the UCC document as provided in these rules with a filing date and time assigned when such filing occurs. The filing officer will also file a filing officer statement that states the effective date and time of filing which shall be the date and time the UCC document was originally tendered for filing. The lapse date shall be calculated based upon the date the UCC document was originally tendered. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section 34.05.06.300 - POLICY STATEMENT

Current through August 31, 2023
The filing officer uses an information management system to store, index, and retrieve information relating to financing statements. The information management system includes an index of the names of debtors named on financing statements which have not been lapsed for more than one (1) year. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section 34.05.06.301 - PRIMARY DATA ELEMENTS

Current through August 31, 2023
The primary data elements used in the UCC information management system are the following: (3-25-22)
01.
Identification Numbers
. (3-25-22)
a. Each initial financing statement is identified by its file number as described in Subsection  101.05. Identification in the form of the file number of the initial financing statement is stamped on written UCC documents or is otherwise permanently associated with the record maintained for UCC documents in the UCC information management system. A record is created in the 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. (3-25-22)
b. A UCC document other than an initial financing statement is identified by a unique file number assigned by the filing officer. In the information management system, records of all UCC documents other than initial financing statements are linked to the record of their related initial financing statement. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section 34.05.06.302 - NAMES OF DEBTORS WHO ARE INDIVIDUALS

Current through August 31, 2023
The definition of "individual" is found in Subsection  101.08. This rule applies to the name on a UCC document of a debtor or a secured party who is an individual. (3-25-22)
01.
Individual Name Fields
. The names of individuals are stored in the same files as the names of organizations. Separate data entry fields are established for first (given), middle (given), and last names (surnames or family names) of individuals, and an indicator is marked with "I" to distinguish the name as that of an individual. The filing officer assumes no responsibility for the accurate designation of the components of a name but will accurately enter the data in accordance with the filer's designations. (3-25-22)
02.
Titles and Prefixes Before Names
. Titles and prefixes, such as "Doctor," "Reverend," "Mr.," and "Ms.," should not be entered in the UCC information management system. However, as provided in Section  407, when a UCC document is submitted with designated name fields, the data will be entered in the UCC information management system exactly as it appears. (3-25-22)
03.
Titles and Suffixes After Names
. Titles or indications of status such as "M.D." and "esquire" shall not be entered in the UCC information management system. Suffixes, such as "Sr.," "Jr.," "I," "II," and "III," and "Est" (estate) are entered in a field designated for name suffixes. (3-25-22)
04.
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 documents, 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. (3-25-22)
a. First name: Fifty (50) characters. (3-25-22)
b. Middle name: Fifty (50) characters. (3-25-22)
c. Last name: Two hundred fifty-five (255) characters. (3-25-22)
d. Suffix: Ten (10) characters. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section 34.05.06.303 - NAMES OF DEBTORS THAT ARE ORGANIZATIONS

Current through August 31, 2023
This rule applies to the names of organizations which are debtors or secured parties on a UCC document. (3-25-22)
01.
Single Field
. The names of organizations are stored in the same files as the names of individuals. The name of an organization is stored in the last-name field only, and an indicator is marked with "O" to distinguish the name as that of an organization. The filing officer assumes no responsibility for the accurate designation of an organizational name but will accurately enter the data in accordance with the filer's designations. (3-25-22)
02.
Truncation-Organization Names
. The organization name field in the UCC database is fixed in length. The maximum length is two hundred fifty-five (255) characters. Although filers should continue to provide full names on their UCC documents, 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. (3-25-22)
03.
No Assumed Business Names
. An assumed business name, whether or not on file under Chapter 5, Title 53, Idaho Code, is not the legal name of the organization using the assumed business name. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section 34.05.06.304 - ESTATES

Current through August 31, 2023
Although they are not human beings, estates are treated as if the decedent were the debtor under Section  302. "Est" should be entered in the suffix field. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section 34.05.06.305 - TRUSTS

Current through August 31, 2023
If the trust is named in its organic document(s), its full legal name, as set forth in such document(s), is used. Such trusts are treated as organizations. If the trust is not so named, the name of the settlor is used. If a settlor is indicated to be an organization, the name is treated as an organization name. If the settlor is an individual, the name is treated as an individual name. A UCC document that uses a settlor's name should include other information provided by the filer to distinguish the debtor trust from other trusts having the same settlor and all financing statements filed against trusts or trustees acting with respect to property held in trust should indicate the nature of the debtor. If this is done in, or as part of, the name of the debtor, it will be entered as if it were a part of the name under Sections  407  and  408. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section 34.05.06.306 - INITIAL FINANCING STATEMENT

Current through August 31, 2023
Upon the filing of an initial financing statement the status of the parties and the status of the financing statement shall be as follows: (3-25-22)
01.
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 document 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. (3-25-22)
02.
Status of Debtor
. The status of a debtor named on the document shall be active and shall continue as active until one (1) year after the financing statement lapses. (3-25-22)
03.
Status of Financing Statement
. The status of the financing statement shall be active. A lapse date shall be calculated, five (5) years from the file date, unless the initial financing statement indicates 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 (30) years from the file date; or, if the initial financing statement indicates that it is filed against a transmitting utility, in which case there shall be no lapse date. A financing statement remains active until one (1) year after it lapses, or if it is indicated to be filed against a transmitting utility, until one (1) year after it is terminated with respect to all secured parties of record. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section 34.05.06.307 - AMENDMENT

Current through August 31, 2023
Upon the filing of an amendment the status of the parties and the status of the financing statement shall be as follows: (3-25-22)
01.
Status of Secured Party and Debtor
. An amendment shall affect the status of its debtor(s) and secured party(ies) as follows: (3-25-22)
a. Collateral Amendment or Address Change. An amendment that amends only the collateral description or one (1) or more addresses has no effect upon the status of any debtor or secured party. If a statement of amendment is authorized by less than all of the secured parties (or, in the case of an amendment that adds collateral, less than all of the debtors), the statement affects only the interests of each authorizing secured party (or debtor). (3-25-22)
b. Debtor Name Change. An amendment that changes a debtor's name has no effect on the status of any debtor or secured party, except that the related initial financing statement and all UCC documents that include an identification of such initial financing statement shall be cross-indexed in the UCC information management system so that a search under either the debtor's old name or the debtor's new name will reveal such initial financing statement and such related UCC documents. Such a statement of amendment affects only the rights of its authorizing secured party(ies). (3-25-22)
c. Secured Party Name Change. An amendment that changes the name of a secured party has no effect on the status of any debtor or any secured party, but the new name is added to the index as if it were a new secured party of record. (3-25-22)
d. Addition of a Debtor. An amendment that adds a new debtor name has no effect upon the status of any party to the financing statement, except the new debtor name shall be added as a new debtor on the financing statement. The addition shall affect only the rights of the secured party(ies) authorizing the statement of amendment. (3-25-22)
e. Addition of a Secured Party. An amendment that adds a new secured party shall not affect the status of any party to the financing statement, except that the new secured party name shall be added as a new secured party on the financing statement. (3-25-22)
f. Deletion of a Debtor. An amendment that deletes a debtor has no effect on the status of any party to the financing statement, even if the amendment purports to delete all debtors. (3-25-22)
g. Deletion of a Secured Party. An amendment that deletes a secured party of record has no effect on the status of any party to the financing statement, even if the amendment purports to delete all secured parties of record. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section 34.05.06.308 - ASSIGNMENT OF POWERS OF SECURED PARTY OF RECORD

Current through August 31, 2023
01.
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. (3-25-22)
02.
Status of Financing Statement
. An assignment shall have no effect upon the status of the financing statement. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section 34.05.06.309 - CONTINUATION

Current through August 31, 2023
01.
Continuation of Lapse Date
. Upon the timely filing of one (1) or more continuations by any secured party(ies) of record, the lapse date of the financing statement shall be postponed for five (5) years. (3-25-22)
02.
Status of Parties
. The filing of a continuation shall have no effect upon the status of any party to the financing statement. (3-25-22)
03.
Status of Financing Statement
. Upon the filing of a continuation statement, the status of the financing statement remains active. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section 34.05.06.310 - TERMINATION

Current through August 31, 2023
01.
Status of Parties
. The filing of a termination shall have no effect upon the status of any party to the financing statement. (3-25-22)
02.
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 information management system until one (1) year after it lapses, unless the termination relates to a financing statement that indicates it is filed against a transmitting utility, in which case the financing statement will become inactive one (1) year after it is terminated with respect to all secured parties of record. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section 34.05.06.311 - CORRECTION STATEMENT

Current through August 31, 2023
01.
Status of Parties
. The filing of a correction statement shall have no effect upon the status of any party to the financing statement. (3-25-22)
02.
Status of Financing Statement
. A correction statement shall have no effect upon the status of the financing statement. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section 34.05.06.312 - PROCEDURE UPON LAPSE

Current through August 31, 2023
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. On the first anniversary of such lapse date, the information management system renders or is caused to render the financing statement inactive and 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 information management system. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 4 - FILING AND DATA ENTRY PROCEDURES › Section 34.05.06.400 - POLICY STATEMENT

Current through August 31, 2023
This section contains rules describing the filing procedures of the filing officer upon and after receipt of a UCC document. It is the policy of the filing officer to file promptly a document that conforms to these rules. Except as provided in these rules, data is transferred from a UCC document to the information management system exactly as the data is set forth in the document. Personnel who create reports in response to search requests type search criteria exactly as set forth on the search request. No effort is made to detect or correct errors of any kind. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 4 - FILING AND DATA ENTRY PROCEDURES › Section 34.05.06.401 - DOCUMENT INDEXING AND OTHER PROCEDURES BEFORE ARCHIVING

Current through August 31, 2023
01.
Cash Management
. Transactions necessary to payment of the filing fee are performed. (3-25-22)
02.
Document Review
. The filing office determines whether a ground exists to refuse the document under Section  202. (3-25-22)
a. File Stamp. If there is no ground for refusal of the document, the document is stamped or deemed filed and a unique identification number and the filing date is stamped on the document or permanently associated with the record of the document maintained in the UCC information management system. The sequence of the identification number is not an indication of the order in which the document was received. (3-25-22)
b. Correspondence. If there is a ground for refusal of the document, notification of refusal to accept the document is prepared as provided in Section  205. If there is no ground for refusal of the document, an acknowledgment of filing is prepared as provided in Section  206. Acknowledgment of filing or notice of refusal of a UCC document is sent to the secured party (or the first secured party if there are more than one (1)) named on the UCC document or to the remitter if the remitter so requests by regular mail or by overnight courier if the remitter provides a prepaid waybill or access to the remitter's account with the courier. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 4 - FILING AND DATA ENTRY PROCEDURES › Section 34.05.06.402 - FILING DATE

Current through August 31, 2023
The filing date of a UCC document is the date the UCC document is received with the proper filing fee if the filing office is open to the public on that date; or, if the filing office is not so open to the public on that date, the filing date is the next date the filing office is so open, except that, in each case, UCC documents received after 5 p.m. shall be deemed received on the following day. The filing officer may perform any duty relating to the document on the filing date or on a date after the filing date. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 4 - FILING AND DATA ENTRY PROCEDURES › Section 34.05.06.403 - FILING TIME

Current through August 31, 2023
The filing time of a UCC document is determined as provided in Section  106. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 4 - FILING AND DATA ENTRY PROCEDURES › Section 34.05.06.404 - LAPSE DATE AND TIME

Current through August 31, 2023
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 a timely continuation statement is filed, but if the initial financing statement indicates that it is filed with respect to a public-finance transaction or a manufactured-home 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 midnight at the end of the lapse date. The relevant anniversary for a February 29 filing date shall be March 1 in the fifth year following the year of the filing date. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 4 - FILING AND DATA ENTRY PROCEDURES › Section 34.05.06.405 - ERRORS OF THE FILING OFFICER

Current through August 31, 2023
The filing office may correct the errors of filing officer personnel in the UCC information management system at any time. If the correction is made after the filing officer has issued a certification date that includes the filing date of a corrected document, the filing officer shall file a filing officer statement in the UCC information management system identifying the record to which it relates, the date of the correction and explaining the nature of the corrective action taken. The notation shall be preserved as long as the record is preserved in the UCC information management system. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 4 - FILING AND DATA ENTRY PROCEDURES › Section 34.05.06.406 - ERRORS OTHER THAN FILING OFFICE ERRORS

Current through August 31, 2023
An error by a filer is the responsibility of such filer. It can be corrected by filing an amendment or it can be disclosed by a correction statement. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 4 - FILING AND DATA ENTRY PROCEDURES › Section 34.05.06.407 - DATA ENTRY OF NAMES - DESIGNATED FIELDS

Current through August 31, 2023
A filing should designate whether a name is a name of an individual or an organization and, if an individual, also designate the first, middle and last names and any suffix. When this is done, Subsections  407.01  the through 407.03 shall apply: (3-25-22)
01.
Organization Names
. Organization names are entered into the UCC information management system exactly as set forth in the UCC document, even if it appears that multiple names are set forth in the document or if it appears that the name of an individual has been included in the field designated for an organization name. (3-25-22)
02.
Individual Names
. On a form that designates separate fields for first, middle, and last names and any suffix, the filing officer enters the names into the first, middle, and last name and suffix fields in the UCC information management system exactly as set forth on the form. (3-25-22)
03.
Designated Fields Encouraged
. The filing office encourages the use of forms that designate separate fields for individual and organization names and separate fields for first, middle, and last names and any suffix. Filers should be aware that the inclusion of a name in an incorrect field or the failure to transmit a name accurately to the filing office may cause a filing to be ineffective. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 4 - FILING AND DATA ENTRY PROCEDURES › Section 34.05.06.409 - VERIFICATION OF DATA ENTRY

Current through August 31, 2023
The filing officer uses double key entry to verify the accuracy of data entry tasks. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 4 - FILING AND DATA ENTRY PROCEDURES › Section 34.05.06.410 - INITIAL FINANCING STATEMENT

Current through August 31, 2023
01.
New Record Bears the Unique UCC File Number
. A new record is opened in the UCC information management system for each initial financing statement. The new record bears the unique file number of the financing statement and the date and time of filing. (3-25-22)
02.
Name and Address of Each Debtor
. The name and address of each debtor that are legibly set forth in the financing statement are entered into the record of the financing statement. Each such debtor name is included in the searchable index and is not removed until one (1) year after the financing statement lapses. (3-25-22)
03.
Name and Address of Each Secured Party
. The name and address of each secured party that are legibly set forth in the financing statement are entered into the record of the financing statement. (3-25-22)
04.
Record Is Indexed According to the Name of the Debtor
. The record is indexed according to the name of the debtor(s) and is maintained for public inspection. (3-25-22)
05.
Lapse Date
. A lapse date is established for the financing statement, and the lapse date is maintained as part of the record. No lapse date is established for a financing statement which indicates it is filed against a transmitting utility. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 4 - FILING AND DATA ENTRY PROCEDURES › Section 34.05.06.411 - AMENDMENT

Current through August 31, 2023
01.
Date and Time of Filing Amendment
. A record is created for the amendment that bears the file number for the amendment and the date and time of filing. (3-25-22)
02.
Amendment Initial Financing Statement
. The record of the amendment is associated with the record of the related initial financing statement in a manner that causes the amendment to be retrievable each time a record of the financing statement is retrieved. (3-25-22)
03.
Amendment Financing Statement Lapses
. The name and address of each additional debtor and secured parties are entered into the UCC information management system in the record of the financing statement. Each such additional debtor name is added to the searchable index and is not removed until one (1) year after the financing statement lapses. (3-25-22)
04.
New Lapse Date Is Established
. If the amendment is a continuation, a new lapse date is established for the financing statement and maintained as part of its record. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 4 - FILING AND DATA ENTRY PROCEDURES › Section 34.05.06.412 - CORRECTION STATEMENT

Current through August 31, 2023
A record is created for the correction statement that bears the file number for the correction statement and the date and time of filing. The record of the correction statement is associated with the record of the related initial financing statement in a manner that causes the correction statement to be retrievable each time a record of the financing statement is retrieved. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.06 - RULES GOVERNING LIEN FILINGS UNDER THE UCC › Subchapter 4 - FILING AND DATA ENTRY PROCEDURES › Section 34.05.06.413 - GLOBAL FILINGS

Current through August 31, 2023
01.
Filing a Single UCC Document
.The filing officer may accept for filing a single UCC document for the purpose of amending more than one (1) financing statement, for one (1) or both of the following purposes: (3-25-22)
a. Amendment to change secured party name; or (3-25-22)
b. Amendment to change secured party address. (3-25-22)