reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 6 - Filing Fees-Not Including Farm Commodity Filings Covered in Rule 13.5 › Rule 1-4-6.6 - Rejected filings

Current through June 25, 2024
Upon receipt of a document which is subsequently rejected,
				  the filing officer shall return either the original or an electronic copy of
				  the original to the filing party as provided in Rule
				  9.6. he payment for that filing will not
				  be refunded. A filing fee submitted at the time of a filing a UCC document
				  which is subsequently rejected by the filing officer will not be used in any
				  manner for "credit" on future filings. Filers resubmitted documents which have
				  previously been rejected shall remit filing fees with the resubmitted documents
				  as if it were a new filing.
Section
				  75-9-505
				  et seq. Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 7 - Public Records Services › Rule 1-4-7.2 - Bulk copies of documents

Current through June 25, 2024
Bulk copies of UCC documents are available by electronic
				  means via a paid subscription service set up by the Secretary of
				  State.
Section
				  75-9-606
				  et seq. Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 7 - Public Records Services › Rule 1-4-7.3 - Availability of data

Current through June 25, 2024
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, is available from the filing officer upon
				  request. Data from the information management system is available via paid
				  subscription as follows:
A. Full
				extract. A bulk data extract of the information from the UCC information
				management system - is available on a regular basis.
B. Extracts from the UCC information
				management system are available in formats as prescribed by the Mississippi
				Secretary of State.
Section
				  75-9-606
				  et seq. Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 8 - New practices and technologies › Rule 1-4-8.1 - Article 9 filing

Current through June 25, 2024
The filing officer is authorized to 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, or other technologies. In developing and utilizing
				  technologies and practices, policies and regulations adopted in connection with
				  secure transaction filing systems in other states.
Section
				  75-9-101
				  et seq. Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 9 - Acceptance and refusal of documents › Rule 1-4-9.1 - Policy Statement

Current through June 25, 2024
The duties and responsibilities of the Mississippi Secretary
				  of State with respect to the administration of the UCC are ministerial. In
				  accepting for filing or refusing to file a UCC document pursuant to these
				  rules, the filing officer does none of the following:
A. Determine the legal sufficiency of a
				document.
B. Determine that a
				security interest in collateral exists or does not exist.
C. Determine that information in the document
				is correct or incorrect, in whole or in part.
D. Create a presumption that information in
				the document is correct or incorrect, in whole or in part except as authorized
				by section
				75-9-501.1
				of the Mississippi Code of 1972 as amended.
Section
				  75-9-501.1
				  and Section
				  75-9-519
				  et seq. Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 9 - Acceptance and refusal of documents › Rule 1-4-9.2 - Duty to file

Current through June 25, 2024
Provided that there is no ground to refuse acceptance of the
				  document under Rule
				  9.3, 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 an index it in the
				  information management system.
Section
				  75-9-519
				  et seq. Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 9 - Acceptance and refusal of documents › Rule 1-4-9.4 - Grounds not warranting refusal

Current through June 25, 2024
The sole grounds for the filing officer's refusal to accept a
				  UCC document for filing are enumerated in Rule
				  9.3. The following are examples of
				  defects that do not constitute grounds for refusal to accept a document. They
				  are not a comprehensive enumeration of defects outside the scope of permitted
				  grounds for refusal to accept a UCC document for filing.
A. The UCC document appears to identify a
				debtor incorrectly.
1. The UCC document
				appears to identify a debtor incorrectly.
2. The UCC document appears to identify a
				secured party or a secured party of record incorrectly.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 9 - Acceptance and refusal of documents › Rule 1-4-9.5 - Time Limit

Current through June 25, 2024
The filing officer, under normal business conditions, 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. Any delay of this time limitation
				  will be controlled pursuant to Mississippi Code §
									75-9-524.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 9 - Acceptance and refusal of documents › Rule 1-4-9.6 - Procedure Upon Refusal

Current through June 25, 2024
If the filing officer finds grounds under Rule
				  9.3 to refuse acceptance of a UCC
				  document, the filing officer shall return either the document or an
				  electronically scanned copy of the document, if written, to the remitter. 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 brief description of the reason for
				  refusal to accept the document under Rule
				  9.3. The notice shall be sent to a
				  secured party or the remitter as provided in Rule
				  11.6. The notice shall be sent to a
				  secured party or the remitter as provided in Rule
				  11.2 no later than the time set forth
				  in Rule
				  9.5.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 9 - Acceptance and refusal of documents › Rule 1-4-9.7 - Acknowledgement

Current through June 25, 2024
After acceptance and entry of a UCC document in the Secretary
				  of State's database, the filing officer shall send to said filer or remitter an
				  image of the record of the UCC document showing the file number assigned to it
				  and the date and time of filing. Filers are urged to review the acknowledgement
				  for errors. Correction of errors will be pursuant to Rules
				  11.6 or
				  11.7.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 9 - Acceptance and refusal of documents › Rule 1-4-9.8 - Other Notices

Current through June 25, 2024
Nothing in these rules prevents a filing officer from
				  communicating to a filer or a remitter that a filing officer noticed apparent
				  potential defects in a UCC document, whether or not it was a filed or refused
				  for filing. However, the filing office is under no obligation to do so and may
				  not, in fact, have the resources to do so or to identify such defects.
THE RESPONSIBILITY FOR THE LEGAL EFFECTIVENESS OF
				  FILING RESTS WITH FILERS AND REMITTERS AND THE FILING OFFICE BEARS NO
				  RESPONSIBILITY FOR SUCH EFFECTIVENESS.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 9 - Acceptance and refusal of documents › Rule 1-4-9.9 - Refusal Errors

Current through June 25, 2024
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 refused under Rule
				  9.3 the filing officer will file the UCC
				  document as provided in these rules with a filing date and time assigned when
				  such a filing error occurs. The filing officer will also file a statement (and
				  such demonstration of error shall constitute the secured party's authorization
				  to do so) that states that the effective date and time of filing is the date
				  and time the UCC document was tendered for filing, and sets forth such date and
				  time.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 9 - Acceptance and refusal of documents › Rule 1-4-9.10 - Use of Social Security numbers on Filing Forms

Current through June 25, 2024
Other than filings intended to comply with the Food Security
				  Act filed pursuant to Rule
				  13.5 Social Security numbers are not a
				  filing requirement in Mississippi
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.1 - Policy Statement

Current through June 25, 2024
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
				  in financing statements which have not lapsed. The rules in this section
				  describe the UCC information management system.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.2 - Primary Data Elements

Current through June 25, 2024
The primary data elements used in the UCC information
				  management system are the following:
A.
				Identification Numbers. Each initial financing statement is identified by its
				file number as described in Rule
				2.11.
				Identification of the initial financing statement is assigned by the Secretary
				of State's online filing system and is 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 file number assigned to the
				initial financing statement.
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 the related initial financing statement.
75-9-502 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.3 - Type of Document

Current through June 25, 2024
The type of UCC document from which data is transferred is
				  identified in the information management system from information supplied by
				  the remitter.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.4 - Filing Date and Filing Time

Current through June 25, 2024
The filing date and filing time of UCC documents are stored
				  in the information management system. Calculation of the lapse date of an
				  initial financing statement is based upon the filing date.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.5 - Identification of Parties

Current through June 25, 2024
The names and addresses of debtors and secured parties are
				  transferred from UCC documents to the UCC information management system using
				  one or more data entry or transmittal techniques.
A. Status of Financing Statement - In the
				information management system, each financing statement has a status of active
				or inactive.
B. Page Count - The
				total number of pages in a UCC document is maintained in the information
				management system.
C. Lapse
				Indicator - An indicator is maintained by which the information management
				system identifies whether or not a financing statement will lapse and, if it
				does, when it will lapse. The lapse date is determined as provided in Rule
				11.5.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.6 - Names of Debtors Who are Individuals

Current through June 25, 2024
For the purpose of this rule, "individual" means a human
				  being, or a decedent in the case of a debtor that is such decedent's estate.
				  This rule applies to the name of a debtor or a secured party on a UCC document
				  who is an individual.
A. Individual
				Name Fields - The names of individuals are stored in files that include only
				the names of individuals, and not the names of organizations. Separate data
				entry fields are established for first personal name (first name), additional
				names/initials (middle name), and surnames (last or family names) of
				individuals. A filer should place the name of a debtor with a single name
				(e.g., "Cher") in the surname field. 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.
B. 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 Rule
				11.8 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.
C. Titles and Suffixes After Names - Titles
				or indications of status such as "M.D." and "esquire" are not part of an
				individual's name and should not be provided by filers in UCC documents.
				Suffixes that indicate which individual is being named such as "senior,"
				"junior," "I, "II," and "III," are appropriate. In either case, as provided in
				Rule
				11.8, they will be entered into the
				information management system exactly as received.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.7 - Names of Debtors That are Organizations

Current through June 25, 2024
This rule applies to the name of an organization who is a
				  debtor or a secured party on a UCC document.
A. Single Field - The names of organizations
				are stored in files that include only the name of organizations and not the
				names of individuals. A single field is used to store an organization
				name.
B. Truncation - Organization
				Names - The organization name field in the UCC database is not fixed in
				length.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.8 - Estates

Current through June 25, 2024
Although they are not human beings, estates are treated as if
				  the decedent were the debtor under Rule
				  10.6
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.9 - Trusts

Current through June 25, 2024
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 Rule
				  11.8 and
				  11.9.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.10 - Initial Financing Statement

Current through June 25, 2024
Upon the filing of an initial financing statement the status
				  of the parties and the status of the financing statement shall be as follows:
A. Status of Secured Party - Each
				secured party named on an initial financing statement shall be a secured party
				of record, except that if the UCC document names an assignee, the secured
				party/assignor shall not be a secured party of record and the secured party of
				record and the secured party/assignee shall be a secured party of record.
B. Status of Debtor - The status
				of a debtor named on the document shall be active and shall continue of record
				until one year after the financing statement lapses.
C. Status of Financing Statement - The status
				of the financing statement shall be active. A lapse date shall be calculated,
				five years from the filing 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
				years from the filing 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 of record until one year after it
				lapses, or if it is indicated to be filed against a transmitting utility, until
				one year after it is terminated with respect to all secured parties of
				record.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.11 - Amendment

Current through June 25, 2024
A. Status of Secured Party and Debtor - An
				amendment shall affect the status of its debtor(s) and secured party(ies) as
				follows:
1. Collateral Amendment or Address
				Change - An amendment that amends only the collateral description or one 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 or an amendment that adds collateral, less than all of the
				debtors), the statement affects only the interests of each authorizing secured
				party (or debtor).
2. 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 the secured
				party(ies)'s authorizing the filing of that amendment.
3. 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 a
				secured party of record.
4.
				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 debtor on the financing statement.
5. 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.
6. 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.
7. 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.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.12 - Assignment of Powers of Secured Party of Record

Current through June 25, 2024
A.
				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.
B. Status of the Financing Statement - An
				assignment shall have no effect upon the status of the financing
				statement.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.13 - Continuation

Current through June 25, 2024
A. Continuation of Lapse Date - Upon the
				timely filing of one or more continuations by any secured party(ies) of record,
				the lapse date of the financing statement shall be postponed for five years.
B. Status of Parties - The filing
				of a continuation shall have no effect upon the status of any party to the
				financing statement.
C. Status of
				Financing Statement - Upon the filing of a continuation statement, the status
				of the financing statement remains active.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.14 - Termination

Current through June 25, 2024
A. Status of Parties - The filing of a
				termination shall have no effect upon the status of any party to the financing
				statement.
B. Status of Financing
				Statement - After termination a financing statement shall remain active in the
				information management system until one 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 year after it is terminated with respect to all secured parties of
				record.
75-9-513 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.15 - Information (Correction) Statement

Current through June 25, 2024
A. Status of
				Parties - The filing of an information (correction) statement shall have no
				effect upon the status of any party to the financing statement.
B. Status of Financing Statement - An
				information (correction) statement shall have no effect upon the status of the
				financing statement.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 10 - UCC Information Management System › Rule 1-4-10.16 - Procedure Upon Lapse

Current through June 25, 2024
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.
75-9-519 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.1 - Policy Statement

Current through June 25, 2024
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 promptly file 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.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.2 - Document Indexing and Other Procedures Before Archiving

Current through June 25, 2024
Records are processed in accordance with the Mississippi Code
				  §
									75-9-519.
A. Date and Time Stamp - The date and time of
				receipt are noted on the document or otherwise permanently associated with the
				record maintained for a UCC document in the UCC information management system
				at the earliest possible time.
B.
				Cash Management - Transaction necessary to payment of the filing fee are
				performed.
C. Document Review - The
				filing office determines whether a ground exists to refuse the document under
				Rule
				9.3
1. 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.
2.
				Correspondence - If there is a ground for refusal of the document, notification
				of refusal to accept the document is prepared as provided in Rule
				9.6. If there is no ground for refusal
				of the document, an acknowledgement of filing is prepared as provided in Rule
				9.7. Acknowledgement of filing or notice
				of refusal of a UCC document is sent to the remitter.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.3 - Filing Date

Current through June 25, 2024
A. The filing date
				of a UCC document transmitted in paper form 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 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 5:00 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 filing date.
B. The filing date of the electronically
				filed UCC document is the date and time that the document is submitted in the
				correct format and the fee is paid and accepted by the electronic filing system
.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.4 - Filing Time

Current through June 25, 2024
The filing time of a UCC document is determined as provided
				  in Rule
				  4.1 through
				  4.4.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.5 - Lapse Date and Time

Current through June 25, 2024
A lapse date is calculated for each initial financing
				  statement (unless the debtor is indicated to be a transmitting utility). The
				  lapse date is the same date of the same month as the filing date in the fifth
				  year after the filing date or relevant subsequent fifth anniversary thereof if
				  timely continuation statement is filed, but if the initial financing statement
				  indicates that it is filed with respect to a public-finance transaction 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 the March 1 in the fifth year following
				  the year of the filing date.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.6 - Errors of the Filing Office

Current through June 25, 2024
The filing office may correct the errors of filing office
				  personnel or errors caused by the electronic filing system 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 proceed as follows: A record
				  relating to the relevant initial financing statement will be placed in the UCC
				  information management system stating the date of the correction and explaining
				  the nature or 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.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.7 - Errors Other than the Filing Office Errors

Current through June 25, 2024
An error by a filer is the responsibility of such filer. It
				  can be corrected by filing an approved UCC amendment form or it can be
				  disclosed by a filing of a UCC correction statement.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.8 - Data Entry of Names - Designated Fields

Current through June 25, 2024
A filing should designate whether a name is of an individual
				  or an organization and, if an individual, also designates the first personal
				  name, additional names/initials and individual's surname and any suffix. When
				  this is done, the following rules shall apply:
A. 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.
B. Individual Names - On
				a form that designates separate fields for the first personal name, additional
				names/initials and individual's surname and any suffix, the filing officer
				enters the names into the corresponding fields in the UCC information
				management system exactly as set forth on the form.
C. Designated Fields Required - The Secretary
				of State requires the use of forms that designate separate fields for
				individual and organization names and separate fields for first personal name,
				additional names/initials and individual's surname and any suffix. Such forms
				diminish the possibility of filing office error and help assure that filers-
				expectations are met. However, filers should be aware that the inclusion of
				names in an incorrect field or failures to transmit names accurately to the
				filing office may cause filings to be ineffective.
D. Entering the name of an individual in a
				box for an organization will be treated as a violation of section
				75-9-501.1
				and rejected unless an individual name is part of the name of a legally
				organized entity such as a corporation, limited liability company etc.
E. On or after July 1, 2017,
				filing officers will no longer perform data entry into the electronic filing
				system from UCC documents submitted to the Secretary of State's office. After
				that date, all data entry will be performed by the filers or remitters within
				the Secretary of State's electronic online filing system prior to submission of
				those documents.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.9 - Data Entry of Names - No Designated Fields

Current through June 25, 2024
A UCC document that is an initial financing statement or an
				  amendment that adds a debtor to a financing statement and that fails to specify
				  whether the debtor is an individual or an organization will be refused by the
				  filing office.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.10 - Special Filings - Identification of Type of Filing

Current through June 25, 2024
Due to the unique lapse date issues concerning public finance
				  transactions, transmitting utilities, and manufactured homes used as dwellings,
				  the initial financing statement for such special collateral must state clearly
				  that it is for such purpose Should the financing statement not indicate a
				  special type of filing, the filing office shall enter the record as a normal
				  financing statement. The Secretary of State will not speculate whether or not
				  any financing statement should be filed other than as a normal financing
				  statement.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.11 - Initial Financing Statement

Current through June 25, 2024
A new record is opened in the UCC information management
				  system for each initial financing statement that bears the file number of the
				  financing statement and the date and time of filing.
A. The name and address of each debtor that
				is legibly set forth in the financing statement must be contained in the record
				of the financing statement. Each such debtor name is included in the searchable
				index and is not removed until one year after the financing statement lapses.
				Debtor addresses might not be included in the searchable index except to the
				extent the filing office offers or intends to offer limited searches or limited
				copy requests as provided in Rule
				12.3.
B. The name and address of each secured party
				that is legibly set forth in the financing statement must be contained in the
				record of the financing statement.
C. The record is indexed according to the
				name of the debtor(s) and is maintained for public inspection.
D. Unless the initial financing statement
				indicates it is filed against a transmitting utility, a lapse date is
				established for the financing statement and the lapse date is maintained as
				part of the record.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.12 - Amendment

Current through June 25, 2024
A record is created for the amendment that bears the file
				  number for the amendment and the date and time of filing.
A. 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.
B. 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 year after the financing statement lapses. Debtor addresses
				may not be included in the searchable index except to the extent the filing
				office offers or intends to offer limited searches or limited copy requests as
				provided in Rule
				12.3.
C. If the amendment is a continuation, a new
				lapse date is established for the financing statement and maintained as part of
				its record.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.13 - Information (Correction) Statement

Current through June 25, 2024
A record is created for the information statement that bears
				  the file number for the information statement and the date and time of filing.
				  The record of the information statement is associated with the record of the
				  related initial financing statement in a manner that causes the information
				  statement to be retrievable each time a record of the financing statement is
				  retrieved.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.14 - Global Filings

Current through June 25, 2024
A. The filing
				officer may accept for filing a single UCC document for the purpose of amending
				more than one financing statement, for one or both of the following purposes:
1. Amendment to change secured party name,
				and/or
2. Amendment to changes
				secured party address.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.15 - Archives - General

Current through June 25, 2024
The filing office maintains records in accordance with UCC
				  §
									75-9-522
				  and the Mississippi Archives and Records Management Law of 1981, Mississippi
				  Code Ann. §§
									25-59-1,
				  et seq.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.16 - Archives - Data Retention

Current through June 25, 2024
Data in the UCC information management system relating to
				  financing statements that have lapsed are retained in the system for no less
				  than one year from the lapse date.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.17 - Archival Searches

Current through June 25, 2024
Archival records are retrievable by using the name of the
				  debtor and by using the file number assigned to the initial financing statement
				  to which the record relates and the date that the record was filed.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 11 - Filing and Data Entry Procedures › Rule 1-4-11.18 - Notice of Bankruptcy

Current through June 25, 2024
The filing officer takes no action upon receipt of a
				  notification, formal or informal, of a bankruptcy proceeding involving a debtor
				  named in the UCC information management system.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 12 - Search Requests and Reports › Rule 1-4-12.1 - General Requirements

Current through June 25, 2024
The Mississippi Secretary of State, Division of Business
				  Services maintains for public inspection a searchable index for all records of
				  UCC documents that provides for the retrieval of a record by the name of the
				  debtor and by the file number of the initial financing statement to which the
				  record relates and which associates with one another each initial financing
				  statement and each file UCC document relating to the initial financing
				  statement.
75-9-701 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 12 - Search Requests and Reports › Rule 1-4-12.2 - Search Requests

Current through June 25, 2024
Search requests shall contain the following information.
A. Name searched - A search request
				should set forth the full correct name of a debtor or the name variant desired
				to be searched and must specify whether the debtor is an individual or an
				organization. The full name of an individual shall consist of the first
				personal name, additional names/initials and individual's surname, although a
				search request may be submitted with no additional name or initial and, if only
				a single name is presented (e.g. "Cher") it will be treated as an individual's
				surname. The full name of an organization shall consist of the name of the
				organization as stated on the articles of incorporation or other organic
				documents in the state or country of organization or the name variant desired
				to be searched. A search request will be processed using the name in the exact
				form it is submitted.
B. Requesting
				Party - The name and address of the person to whom the search report is to be
				sent.
C. Fee for Search Requests -
				The appropriate fee shall be enclosed, payable by a method described in Rule
				6.4.
75-9-701 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 12 - Search Requests and Reports › Rule 1-4-12.3 - Optional Information

Current through June 25, 2024
A UCC search request may contain any of the following
				  information:
A. The request may limit
				the records requested by limiting them by the city and state of the debtor. A
				report created by the filing officer in response to such a request shall
				contain the statement: "A limited search may not reveal all filings against the
				debtor searched and the searcher bears the risk of relying on such a search."
B. All documents responsive to a
				records request will be delivered via electronic means as determined by the
				Secretary of State.
75-9-701 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 12 - Search Requests and Reports › Rule 1-4-12.4 - Rules Applied to Search Requests

Current through June 25, 2024
Search results are created by applying standardized search
				  logic to the exact name presented to the filing officer by the person
				  requesting the search. Human judgment does not play a role in determining the
				  results of the search. The following, and only following, rules are applied to
				  conduct 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 as set forth in the "Ending Noise Words" list as promulgated and
				adopted by the International Association of Corporation Administrators as from
				time to time, are disregarded (e.g., company, limited, incorporated,
				corporation, limited partnership, limited liability company or abbreviations of
				the foregoing).
E. The word "the"
				at the beginning of the search criteria is disregarded.
F. All spaces are disregarded.
G. For first personal and additional. names
				of individuals, initials are treated as the logical equivalent of all names
				that begin with such initials, and no additional name or initial is equated
				with all additional names and initials. For example, a search request for "John
				A. Smith" would cause the search to retrieve all filings against all individual
				debtors with "John" as the first personal. name, "Smith" as the surname, and
				with the initial "A" or any name beginning with "A" in the additional name
				field. If the search request were for "John Smith" (first personal and surnames
				with no designation in the additional name field), the search would retrieve
				all filings against individual debtors with "John" as the first personal name,
				"Smith" as the surname and with any name or initial or no name or initial in
				the additional name. field.
H.
				After taking the preceding rules into account to modify the name of the debtor
				requested to be searched and to modify the names of debtors contained in active
				financing statements in the UCC information management system, the search will
				reveal only names of debtors that are contained in active financing statements
				and, as modified, exactly match the name requested, as modified.
75-9-701 et seq.
				  Mississippi Code of 1972 as amended.