reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22501 - Application for Payment from Victims of Corporate Fraud Compensation Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The application
				shall be delivered in person or by certified mail to the Office of the
				Secretary of State, Business Programs Division, Victims of Corporate Fraud
				Compensation Fund, 1500 11th Street, Sacramento, California 95814. The
				application must be received by the Secretary of State not later than 18 months
				after the judgment has become final.
(b) The application shall be verified by the
				claimant in the manner specified in Code of Civil Procedure section
				446
				for the verification of a pleading. If executed outside of California, the
				information in the application and accompanying documents shall be verified
				before a person qualified to administer oaths within the jurisdiction where
				executed or certified under penalty of perjury in accordance with the
				provisions of Code of Civil Procedure section
				2015.5(b).
				In order to be considered part of an application, claimant responses to
				itemized lists of deficiencies and requests for additional documents and
				information shall be verified in the manner prescribed by Code of Civil
				Procedure section
				2015.5.
(c) If any documents or other attachments are
				submitted with the application, a response to itemized lists of deficiencies,
				or a response to a request for additional documents and information, a
				verification by the claimant must be provided that the documents are true and
				correct copies of the originals, and if such documents purport to be copies of
				documents filed in court, that they are true and correct copies of the
				originals filed with the court.
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Amendment of section and NOTE filed
				  1-2-2013; operative 1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 2280,
					 Corporations Code. Reference: Section
					 2282,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22503 - Notice to Judgment Debtor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt of the application, the Secretary of State shall
				  provide the following notice to the judgment debtor's designated agent for
				  service of process:
NOTICE: Based upon a judgment entered against you in favor of
				  __________(name of claimant), application for payment from the Victims of
				  Corporate Fraud Compensation Fund is being made to the Secretary of
				  State.
If payment is made from the Victims of Corporate Fraud
				  Compensation Fund, your corporation will be automatically assessed the amount
				  of the payment plus interest at the prevailing legal rate by the Secretary of
				  State. If your corporation does not pay the assessed amount, your corporation
				  will be suspended and cannot be reinstated until the Victims of Corporate Fraud
				  Compensation Fund has been reimbursed for the amount paid plus interest at the
				  prevailing legal rate.
If you wish to contest payment of the application by the
				  Secretary of State, you must submit a written response to the application which
				  must be addressed to the Secretary of State at the Office of the Secretary of
				  State, Business Programs Division, Victims of Corporate Fraud Compensation
				  Fund, P.O. Box 15659, Sacramento, California 95852 within 30 days after mailing
				  of this notice and mail or deliver a copy of that response to the claimant. The
				  response must contain the name, title, and address of the officer, director,
				  managing agent, or other responsible person authorized to represent the
				  corporation and the address at which the corporation wishes to receive
				  correspondence and notices relating to the application, and a telephone number
				  at which the corporation's representative can be reached during regular
				  business hours. If the corporation is represented by an attorney in objecting
				  to the application, the response shall contain the name, business address, and
				  telephone number of the attorney.
The response must be verified by an officer or director and
				  must include a proof of service showing a copy of the response was sent to
				  _(name and address of claimant or claimant's attorney). If you fail to do so,
				  you will have waived your right to present your objections to payment of the
				  application.
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Amendment of section heading, section
				  and NOTE filed 1-2-2013; operative 1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 2280,
					 Corporations Code. Reference: Sections
					 2282.1
					 and
					 2282.2,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22504 - Subsequent Service of Correspondence and Notices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After initial submission of the application to the Secretary
				  of State and service on the judgment debtor by the Secretary of State as
				  provided by Corporations Code sections
				  2282 and
				  2282.1,
				  and after service of a response by the judgment debtor as provided by
				  Corporations Code section
				  2282.2,
				  if any, all parties shall be served with subsequent correspondence and notices
				  by first class mail as follows:
(a)
				The Secretary of State shall be served at: Office of the Secretary of State,
				Business Programs Division, Victims of Corporate Fraud Compensation Fund, P.O.
				Box 15659, Sacramento, California 95852.
(b) The claimant shall be served at the
				claimant's address as specified in the application, or if the claimant is
				represented by an attorney for purposes of the application, at the address of
				the attorney as specified in the application.
(c) The judgment debtor shall be served at
				the address as specified in the judgment debtor's response, or if the judgment
				debtor is represented by an attorney in objecting to the payment of the
				application, at the address of the attorney as specified in the response.
If the claimant or judgment debtor later wishes to be served
				  at an address other than as specified above, such party shall notify all other
				  parties by first class mail of the new address.
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Repealer of former section
				  22504 and renumbering of former
				  section 22505 to new section
				  22504, including amendment of
				  section and NOTE, filed 1-2-2013; operative 1-2-2013 pursuant to Government
				  Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 2280,
					 Corporations Code. Reference: Sections
					 2282.2,
					 2283,
					 2284,
					 2285,
					 2286 and
					 2287,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22505 - Incomplete Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				In the event that the claimant has not completed diligent collection efforts
				prior to submission of the application to the Secretary of State, claimant
				still may submit an application within 18 months of the judgment becoming final
				but shall include a verified statement that diligent collection efforts have
				not been completed and request that the Secretary of State delay a decision on
				the application pending the completion of collection efforts. The Secretary of
				State may agree to delay making a decision on such application for a period of
				time, not to exceed one year, until claimant submits a verified statement that
				diligent collection efforts have been completed, or the period of time expires,
				whichever is earlier. The Secretary of State's time to act upon such
				application pursuant to California Corporations Code sections
				2283 and
				2284
				does not commence until the Secretary of State's receipt of claimant's verified
				statement that diligent collection efforts have been completed, or the period
				of time expires. As used in this section, diligent collection efforts includes
				ongoing litigation against additional defendants responsible for claimant's
				loss and proceedings in bankruptcy court. Failure to complete diligent
				collection efforts may be the sole basis for the denial of an
				application.
(b) For purposes of
				Corporations Code section
				2283(b),
				an irreconcilable dispute between claimant and the Secretary of State may arise
				if, after receipt of the second itemized list of deficiencies or request for
				additional documents and information, claimant provides notice to the Secretary
				of State in writing that claimant believes that the application is complete and
				the Secretary of State does not deem the application complete within 21 days
				from the receipt of claimant's notice.
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Renumbering of former section
				  22505 to section
				  22504 and renumbering of former
				  section 22506 to section
				  22505, including amendment of
				  section and NOTE, filed 1-2-2013; operative 1-2-2013 pursuant to Government
				  Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 2280,
					 Corporations Code. Reference: Sections
					 2282 and
					 2283,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22506 - Review and Final Decision on Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In considering and investigating an
				application, the Secretary of State may use all appropriate means of
				investigation and discovery available under Article 2 (commencing with Section
				11180) of Chapter 2 of Part 1 of
				Division 3 of Title 2 of the Government Code.
(b) The claimant's acceptance of an award or
				compromise offer must be in writing and must be received by the Secretary of
				State within the time prescribed. Acceptance shall also require the claimant's
				execution of the documents necessary for the issuance of payment on the award
				including, but not limited to, an assignment pursuant to Corporations Code
				section
				2293 and
				any forms required by the Controller for payment (e.g. STD 204 Payee Data
				Record).
(c) Discussions or
				negotiations regarding the terms of an offer to compromise within 60 calendar
				days of the offer shall not be deemed a refusal to accept the settlement.
				Failure to accept the offer within 60 calendar days or an express written
				refusal to accept the offer within 60 calendar days of the offer shall
				constitute a refusal to accept a settlement resulting in the denial of the
				application pursuant to Corporations Code section
				2284.
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Renumbering of former section
				  22506 to section
				  22505 and renumbering of former
				  section 22508 to section
				  22506, including amendment of
				  section heading, section and NOTE, filed 1-2-2013; operative 1-2-2013 pursuant
				  to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 2280,
					 Corporations Code. Reference: Section
					 2284,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22507 - Form of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				the application is denied, the notice to the claimant and judgment debtor shall
				include the following:
Claimant's application has been denied. If the claimant
				  wishes to pursue the application in court, the claimant must file a petition in
				  a California superior court not later than six months after receipt of this
				  notice, pursuant to California Coporations Code Section
				  2287. If the underlying judgment is
				  a California state court judgment, a petition shall be filed in the court in
				  which the underlying judgment was entered. If the underlying judgment is a
				  federal court judgment, a petition shall be filed in (1) the superior court of
				  any county within California that would have been a proper venue if the
				  underlying lawsuit had been filed in a California state court, or (2) the
				  Superior Court of the County of Sacramento.
(b) If the final decision of the Secretary of
				State is to make a payment to the claimant from the Victims of Corporate Fraud
				Compensation Fund, the following notice shall be given to the judgment debtor
				along with a copy of the decision of the Secretary of State: The decision of
				the Secretary of State on the application of (name of claimant) is to pay
				$__________ (amount of payment) from the Victims of Corporate Fraud
				Compensation Fund. A copy of that decision is enclosed.
Pursuant to Corporations Code section
				  2293.1,
				  your corporation must pay the amount of the payment plus interest at the
				  prevailing legal rate to the Victims of Corporate Fraud Compensation Fund
				  within 30 calendar days of this notice If your corporation does not pay the
				  assessed amount, your corporation will be suspended and will not be eligible
				  for reinstatement until you have reimbursed the Victims of Corporate Fraud
				  Compensation Fund for this payment plus interest at the prevailing legal rate.
				  Payment must be sent to the Office of the Secretary of State, Business Programs
				  Division, Victims of Corporate Fraud Compensation Fund, P.O. Box 15659,
				  Sacramento, California 95852.
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Repealer of former section
				  22507 and renumbering of former
				  section 22509 to section
				  22507, including amendment of
				  section and NOTE, filed 1-2-2013; operative 1-2-2013 pursuant to Government
				  Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 2280,
					 Corporations Code. Reference: Sections
					 2284,
					 2285,
					 2286,
					 2287,
					 2288 and
					 2293.1,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22508 - Final Decision on Application. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Renumbering of former section
				  22508 to section
				  22506 filed 1-2-2013; operative
				  1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 1502.5,
					 Corporations Code. Reference: Section
					 1502.5,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22509 - Form of Decision. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Renumbering of former section
				  22509 to section
				  22507 filed 1-2-2013; operative
				  1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 1502.5,
					 Corporations Code. Reference: Section
					 1502.5,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22510 - Procedure upon Filing of Writ of Mandamus by Judgment Debtor. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Repealer filed 1-2-2013; operative
				  1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 1502.5,
					 Corporations Code. Reference: Section
					 1502.5,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22511 - Proration Where Aggregate Valid Applications Exceed Liability Limits. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Repealer filed 1-2-2013; operative
				  1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 1502.5,
					 Corporations Code. Reference: Section
					 1502.5,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22512 - Claimant Appeal Process. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Repealer filed 1-2-2013; operative
				  1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 1502.5,
					 Corporations Code. Reference: Section
					 1502.5,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22513 - Prerequisite for Payment from Victims of Corporate Fraud Compensation Fund. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Repealer filed 1-2-2013; operative
				  1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 1502.5,
					 Corporations Code. Reference: Section
					 1502.5,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22514 - Rights of Judgment Debtor. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Repealer filed 1-2-2013; operative
				  1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 1502.5,
					 Corporations Code. Reference: Section
					 1502.5,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22515 - Limitations on Payment from the Victims of Corporate Fraud Compensation Fund. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Repealer filed 1-2-2013; operative
				  1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 1502.5,
					 Corporations Code. Reference: Section
					 1502.5,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22516 - Recovery from Corporation upon Payment from Victims of Corporate Fraud Compensation Fund. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Repealer filed 1-2-2013; operative
				  1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 1502.5,
					 Corporations Code. Reference: Section
					 1502.5,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22517 - Disposition of Funds Received by the Secretary of State. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Repealer filed 1-2-2013; operative
				  1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 1502.5,
					 Corporations Code. Reference: Section
					 1502.5,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22518 - Rights of Claimant. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Repealer filed 1-2-2013; operative
				  1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 1502.5,
					 Corporations Code. Reference: Section
					 1502.5,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 12 - Victims of Corporate Fraud Compensation Fund › Section 22519 - Waiver of Rights. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-2004; operative 3-9-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 11).
2. Repealer filed 1-2-2013; operative
				  1-2-2013 pursuant to Government Code section
				  11343.4
				  (Register 2013, No. 1).
Note: Authority cited: Section
					 1502.5,
					 Corporations Code. Reference: Section
					 1502.5,
					 Corporations Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 1 - General Provisions › Section 22600 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Address" means
				  either (1) a street address, route number (may include box) or PO Box number
				  plus the city, state and zip code, or (2) an address that purports to be a
				  mailing address outside the United States of America.
(b) "Amendment" means a UCC record that
				  amends the information contained in a financing statement. Amendments include
				  assignments, continuations and terminations.
(c) "Assignment" is an amendment that assigns
				  all or a part of a secured party's power to authorize an amendment to a
				  financing statement.
(d)
				  "Information statement" means a UCC record that indicates that a financing
				  statement is inaccurate or wrongfully filed.
(e) "Filing Officer statement" means a
				  statement entered by the Secretary of State into the UCC information management
				  system to correct an error made by the Secretary of State's office.
(f) "Initial Financing Statement" means a UCC
				  record containing the information required to be in an initial financing
				  statement, and that causes the Secretary of State to establish the initial
				  record of existence of a financing statement.
(g) "Submitter" means a person who tenders a
				  UCC record to the Secretary of State for filing, whether the person is a filer
				  or an agent of a filer responsible for tendering the record for filing.
				  "Submitter" does not include a person responsible merely for the delivery of
				  the record to the Secretary of State, such as the postal service or a courier
				  service but does include a service provider who acts as a filer's
				  representative in the filing process.
(h) "UCC" means the Uniform Commercial Code
				  as adopted in this state.
(i) "UCC
				  record" means an initial financing statement, an amendment, an assignment, a
				  continuation, a termination or an information statement and shall not be deemed
				  to refer exclusively to paper or paper-based writings.
(j) "UCC information management system" means
				  the Secretary of State's electronic information management system including
				  web-based electronic filing services provided by the Secretary of State for the
				  direct entry, transmission and retrieval of UCC records and requests for
				  information.
1. New
					 chapter 13 (articles 1-6, sections
					 22600-22601.8), article 1 (sections
					 22600-22600.2) and section filed
					 6-21-2004; operative 6-21-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 26).
2. Amendment filed 5-29-2014; operative
					 7-1-2014 (Register 2014, No. 22).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Section
						9526,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 1 - General Provisions › Section 22600.1 - UCC Record Delivery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) UCC
				  records may be tendered for filing at the Secretary of State's office as
				  follows.
(1) Personal delivery at the
				  Secretary of State's street address. The file time for a UCC record delivered
				  by this method is when delivery of the UCC record is accepted by the Secretary
				  of State (even though the UCC record may not yet have been accepted for filing
				  and subsequently may be rejected).
(2) Courier delivery at the Secretary of
				  State's street address. The file time for a UCC record delivered by this method
				  is, notwithstanding the time of delivery, is the next close of business
				  following the time of delivery (even though the UCC record may not yet have
				  been accepted for filing and may be subsequently rejected).
(3) Postal service delivery to the Secretary
				  of State's mailing address. The file time for a UCC record delivered by this
				  method is the next close of business following the time of delivery (even
				  though the UCC record may not yet have been accepted for filing and may be
				  subsequently rejected). A UCC record delivered after regular business hours or
				  on a day the Secretary of State's office is not open for business will have a
				  filing time of the close of business on the next day the Secretary of State's
				  office is open for business.
(4)
				  Electronic filing. UCC records, excluding information statements, may be
				  transmitted electronically using the XML format approved by the International
				  Association of Commercial Administrators. At the request of an authorized XML
				  submitter, the Secretary of State shall identify which versions and releases of
				  the XML format are acceptable to the Secretary of State's UCC information
				  management system. The Secretary of State's office publishes an implementation
				  guide that prescribes the use of the XML format. The implementation guide shall
				  be available to the public upon request. The file time for a record delivered
				  by this method is the time that the Secretary of State's UCC information
				  management system analyzes the relevant transmission and determines that all
				  the required elements of the transmission have been received in a required
				  format and are machine readable. UCC records also may be transmitted
				  electronically through online entry. The file date and time for a UCC record
				  delivered by this method are the date and time that the UCC information
				  management system receives it.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 1 - General Provisions › Section 22600.2 - Search Request Delivery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
UCC search requests may be delivered to the Secretary of
					 State's office by any of the means by which UCC records may be delivered to the
					 Secretary of State's office.
1. New
					 section filed 6-21-2004; operative 6-21-2004 pursuant to Government Code
					 section
					 11343.4
					 (Register 2004, No. 26).
2. Amendment filed 5-29-2014; operative
					 7-1-2014 (Register 2014, No. 22).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Section
						9523,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 2 - Acceptance and Refusal of Records › Section 22600.3 - Continuation Period for Financing Statements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) First day permitted. The first day on
				  which a continuation may be filed is the date corresponding to the date upon
				  which the financing statement would lapse, six months preceding the month in
				  which the financing statement would lapse. If there is no such corresponding
				  date, the first day on which a continuation may be filed is the last day of the
				  sixth month preceding the month in which the financing statement would
				  lapse.
(b) Last day permitted. The
				  last day on which a continuation may be filed is the date upon which the
				  financing statement lapses.
1. New
					 article 2 (sections
					 22600.3-22600.5) and section filed
					 6-21-2004; operative 6-21-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 26).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Section
						9515,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 2 - Acceptance and Refusal of Records › Section 22600.4 - Procedure upon Refusal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Secretary of State's office finds grounds under
					 Section 9516 of the UCC to refuse
					 acceptance of a UCC record, the Secretary of State's office shall return the
					 record. Unless otherwise requested, the Secretary of State's office may retain
					 the fee pending resubmission of the record.
1. New
					 section filed 6-21-2004; operative 6-21-2004 pursuant to Government Code
					 section
					 11343.4
					 (Register 2004, No. 26).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Sections
						9516 and
						9520,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 2 - Acceptance and Refusal of Records › Section 22600.5 - Refusal Errors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a secured party or a submitter demonstrates to the
					 satisfaction of the Secretary of State's office that a UCC record that was
					 refused for filing should not have been refused, the Secretary of State's
					 office will file the UCC record as provided in these rules with a filing date
					 and time assigned when such filing occurs. The Secretary of State's office also
					 will file a filing officer statement that states the effective date and time of
					 filing which shall be the date and time the UCC record was originally tendered
					 for filing.
1. New
					 section filed 6-21-2004; operative 6-21-2004 pursuant to Government Code
					 section
					 11343.4
					 (Register 2004, No. 26).
2. Amendment filed 5-29-2014; operative
					 7-1-2014 (Register 2014, No. 22).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Sections
						9516,
						9520 and
						9526,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 3 - UCC Information Management System and Electronic Records › Section 22600.6 - IACA Standard Adopted

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The XML standard adopted in this state for electronic
					 transmission of UCC records is an XML format adopted by the International
					 Association of Commercial Administrators and published on the Secretary of
					 State's website.
1. New
					 article 3 (sections
					 22600.6-22600.8) and section filed
					 6-21-2004; operative 6-21-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 26).
2. Amendment of article heading and section
					 filed 5-29-2014; operative 7-1-2014 (Register 2014, No.
					 22).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Section
						9516,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 3 - UCC Information Management System and Electronic Records › Section 22600.7 - Record Filing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  UCC records may be submitted directly to the Secretary of State's office using
				  the UCC information management system which can be accessed through the
				  Secretary of State's website.
(b)
				  Record Indexing. A submitter may index a record into the UCC information
				  management system by following the indexing procedures in the manner set forth
				  in Section 22601 of these rules.
(c) Filing Date. The filing date of a UCC
				  record is the date the UCC record is received as described in subdivision (e)
				  of Section 22600.1.
(d) Filing Time. The filing time of a UCC
				  record is the time described in subdivision (a)(1)-(4) of Section
				  22600.1.
1. New
					 section filed 6-21-2004; operative 6-21-2004 pursuant to Government Code
					 section
					 11343.4
					 (Register 2004, No. 26).
2. Amendment filed 5-29-2014; operative
					 7-1-2014 (Register 2014, No. 22).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Section
						9519,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 3 - UCC Information Management System and Electronic Records › Section 22600.8 - Search Request Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Search requests may be submitted directly to the Secretary
					 of State's office using the UCC information management system which can be
					 accessed through the Secretary of State's website.
1. New
					 section filed 6-21-2004; operative 6-21-2004 pursuant to Government Code
					 section
					 11343.4
					 (Register 2004, No. 26).
2. Amendment filed 5-29-2014; operative
					 7-1-2014 (Register 2014, No. 22).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Section
						9523,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 4 - Filing and Data Entry Procedures › Section 22600.9 - Errors of the Secretary of State's Office as the Filing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Secretary of State's office may correct data entry
					 errors of the Secretary of State's personnel in the UCC information management
					 system at any time. If the correction is made after the Secretary of State has
					 issued a certification date that includes the filing date of a corrected
					 record, the Secretary of State's office shall proceed as follows. A filing
					 officer statement record relating to the relevant initial financing statement
					 will be placed in the UCC information management system on the date that the
					 error was reported. The filing officer statement must provide the date of the
					 correction and explain the nature of the corrective action taken. The record
					 shall be preserved for so long as the record of the initial financing statement
					 is preserved in the UCC information management system.
1. New
					 article 4 (sections
					 22600.9-22601.1) and section filed
					 6-21-2004; operative 6-21-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 26).
2. Amendment filed 5-29-2014; operative
					 7-1-2014 (Register 2014, No. 22).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Section
						9526,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 4 - Filing and Data Entry Procedures › Section 22601 - Data Entry of Names - Designated Name Fields

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Organization Names. Organization names
				  are entered into the UCC information management system as set forth in the UCC
				  record, even if it appears that multiple names are set forth in the record or
				  it appears that the name of an individual has been included in the field
				  designated for an organization name.
(b) Individual Names. Individual names are
				  entered into the UCC information management system as the first personal name,
				  additional name(s)/initial(s), individual's surnames and any suffix, exactly as
				  set forth on the UCC record.
1. New
					 section filed 6-21-2004; operative 6-21-2004 pursuant to Government Code
					 section
					 11343.4
					 (Register 2004, No. 26).
2. Amendment of section and NOTE filed
					 5-29-2014; operative 7-1-2014 (Register 2014, No.
					 22).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Sections
						9519 and
						9521,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 4 - Filing and Data Entry Procedures › Section 22601.1 - Master Filings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-21-2004; operative 6-21-2004 pursuant to Government Code
					 section
					 11343.4
					 (Register 2004, No. 26).
2. Repealer filed 5-29-2014; operative
					 7-1-2014 (Register 2014, No. 22).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Sections
						9519 and
						9526,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 5 - Information Request and Search Response › Section 22601.2 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Secretary of State's office maintains for public
					 inspection a searchable index for all UCC records. The index shall provide for
					 the retrieval of a record by the name of the debtor and by the file number of
					 the initial financing statement, and each filed UCC record relating to the
					 initial financing statement.
1. New
					 article 5 (sections
					 22601.2-22601.6) and section filed
					 6-21-2004; operative 6-21-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 26).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Section
						9523,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 5 - Information Request and Search Response › Section 22601.3 - Search Requests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Search requests shall contain the following
					 information.
(a) Name Searched. A
				  search request shall set forth the name of a debtor to be searched and must
				  specify whether the debtor is an individual or an organization. A search
				  request will be processed using the name in the exact form it is
				  submitted.
(b) Requesting Party. A
				  search request shall include the name and address of the person to whom the
				  search report is to be sent.
(c)
				  Fee. The appropriate fee shall be paid at the time the request is submitted to
				  the Secretary of State. The methods of payment are United States dollars,
				  check, money order, cashier's check, credit card, and debit to a prepaid
				  customer account established with the Secretary of State.
(d) Search Request with Filing. A search
				  request submitted at the time of filing a UCC record which names the same
				  debtor as the filing document shall be deemed to request a search that would
				  retrieve all financing statements filed on or prior to the date the UCC record
				  is filed.
1. New
					 section filed 6-21-2004; operative 6-21-2004 pursuant to Government Code
					 section
					 11343.4
					 (Register 2004, No. 26).
2. Amendment of subsections (c) and (d)
					 filed 5-29-2014; operative 7-1-2014 (Register 2014, No.
					 22).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Sections
						9523 and
						9525,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 5 - Information Request and Search Response › Section 22601.4 - Rules Applied to Search Requests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Search results are produced by the application of
					 standardized search logic to the name presented to the Secretary of State's
					 office. Human judgment does not play a role in determining the results of the
					 search. The following apply to searches:
(a) There is no limit to the number of
				  matches that may be returned in response to the search criteria.
(b) No distinction is made between upper and
				  lower case letters.
(c) Punctuation
				  marks and accents are disregarded.
(d) Words and abbreviations at the end of a
				  name that indicate the existence or nature of an organization are
				  disregarded.
(e) The word "the" at
				  the beginning of the search criteria is disregarded.
(f) All spaces are disregarded.
(g) For first personal name and additional
				  name(s)/initial(s) of individual names, initials are treated as the logical
				  equivalent of all names that begin with such initials, and first personal name
				  and no additional name(s)/initial(s) is equated with all additional
				  name(s)/initial(s). For example, a search request for "John A. Smith" would
				  cause the search to retrieve all filings against all individual debtors with
				  "John" or the initial "J" as the first personal name, "Smith" as the surname,
				  and with the initial "A" or any name beginning with "A" in the additional
				  name(s)/initial(s) field. If the search request were for "John Smith" (first
				  personal name and surnames with no designation in the additional
				  name(s)/initial(s) field), the search would retrieve all filings against
				  individual debtors with "John" or the initial J as the first personal name,
				  "Smith" as the surname and with any name or initial or no name or initial in
				  the additional name(s)/initial(s) field.
(h) After using the preceding rules to modify
				  the name to be searched, the search will reveal only names of debtors that are
				  contained in unlapsed and lapsed financing statements and exactly match the
				  names requested, as modified.
1. New
					 section filed 6-21-2004; operative 6-21-2004 pursuant to Government Code
					 section
					 11343.4
					 (Register 2004, No. 26).
2. Amendment of subsection (g) filed
					 5-29-2014; operative 7-1-2014 (Register 2014, No.
					 22).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Section
						9523,
						Commercial Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 13 - Uniform Commercial Code › Article 5 - Information Request and Search Response › Section 22601.5 - Optional Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A UCC search request may contain any of the following
					 information.
(a) The request may limit
				  the records searched by using the city and state of the debtor, the date of
				  filing (or a range of filing dates) or the identity of the secured party(ies)
				  of record on the financing statements. The reports created by the Secretary of
				  State's office in response to a request shall contain the statement:
"The search results herein reflect only the specific
					 information requested. The results of the debtor search will not reflect
					 variances of this name. If the debtor is known under other personal names,
					 trade names, business entities, or addresses, separate searches of these names
					 will have to be requested and conducted. The Secretary of State, his officers
					 and agents disclaim any and all liability for a claim resulting from other
					 filings on which the name of the debtor can be found in any other form than
					 that which was requested."
(b) The request may ask for copies of UCC
				  records identified on the search response.
(c) The request may include instructions on
				  the mode of delivery desired, if other than by ordinary mail, which request
				  will be honored if the requested mode is available to the Secretary of State's
				  office.
(d) Copies of unrelated
				  records may be requested by providing the specific file numbers. The Secretary
				  of State's office may limit the number of records that may be accepted in a
				  single search request.
1. New
					 section filed 6-21-2004; operative 6-21-2004 pursuant to Government Code
					 section
					 11343.4
					 (Register 2004, No. 26).
2. Amendment of subsection (a) filed
					 3-30-2022; operative 4-7-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 13).
Note: Authority cited: Section
						9526,
						Commercial Code. Reference: Sections
						9523 and
						9526,
						Commercial Code.