reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 2 - Rulemaking Oral Proceedings › Rule 1-2-2.4 - Public Participation Guidelines

Current through June 25, 2024
Public participation shall be permitted at oral proceedings
				  in accordance with the following:
A.
				At an oral proceeding on a proposed rule, persons may make statements and
				present documentary and physical submissions.
B. Persons wishing to make oral presentations
				at such a proceeding shall notify the SOS at least three (3) business days
				prior to the proceeding and indicate the general subject of their
				presentations. The presiding officer in his or her discretion may allow
				individuals to participate that have not contacted the SOS prior to the
				proceeding.
C. At the proceeding,
				those who participate shall indicate their names and addresses, identify any
				persons or organizations they may represent, and provide any other information
				relating to their participation deemed appropriate by the presiding
				officer.
D. The presiding officer
				may place time limitations on individual presentations when necessary to assure
				the orderly and expeditious conduct of the oral proceeding. To encourage joint
				presentations and to avoid repetition, additional time may be provided for
				persons whose presentations represent the views of other individuals as well as
				their own.
E. Persons making
				presentations are encouraged to avoid restating matters that have already been
				submitted in writing. Written materials may, however, be submitted at the oral
				proceeding.
F. Where time permits
				and to facilitate the exchange of information, the presiding officer may open
				the floor to questions or general discussion. The presiding officer may
				question participants and permit the questioning of participants by other
				participants about any matter relating to that rulemaking proceeding, including
				any prior written submissions made by those participants in that proceeding. No
				participant shall be required to answer any question.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 2 - Rulemaking Oral Proceedings › Rule 1-2-2.5 - Submissions and Records

Current through June 25, 2024
Physical and Documentary Submissions presented by
				  participants in an oral proceeding shall be submitted to the presiding officer.
				  Such submissions become the property of the Secretary of State, part of the
				  rulemaking record, and are subject to the Secretary of State's public records
				  request procedure. The SOS may record oral proceedings by stenographic or
				  electronic means.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 3 - Declaratory Opinions › Rule 1-2-3.1 - Application of Chapter

Current through June 25, 2024
This chapter sets forth the Secretary of State's rules
				  governing the form, content, and filing of requests for declaratory opinions,
				  the procedural rights of persons in relation to the written requests, and the
				  SOS procedures regarding the disposition of requests as required by Section
				  25-43-2.103.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 3 - Declaratory Opinions › Rule 1-2-3.2 - Scope of Declaratory Opinions

Current through June 25, 2024
The Secretary of State will issue declaratory opinions
				  regarding the applicability to specified facts of:
A. a statute administered or enforceable by
				the Secretary of State,
B. a rule
				promulgated by the Secretary of State, or
C. an order issued by the Secretary of
				State.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 3 - Declaratory Opinions › Rule 1-2-3.3 - Scope of Declaratory Opinion Request

Current through June 25, 2024
A request must be limited to a single transaction or
				  occurrence.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 3 - Declaratory Opinions › Rule 1-2-3.4 - How to Submit Requests

Current through June 25, 2024
When a person with substantial interest, as required by
				  Section 25-43-2.103 of the Administrative
				  Procedures Act, requests a declaratory opinion, the person must submit a
				  printed, typewritten, or legibly handwritten request.
A. Each request must be submitted on 8-1/2" x
				11" white paper.
B. The request may
				be in the form of a letter addressed to the Secretary of State or in the form
				of a pleading as if filed with a court. It must also specify to which division
				of the SOS the request is addressed.
C. Each request must include the full name,
				telephone number, and mailing address of the requestor(s).
D. All requests shall be signed by the person
				filing the request, unless represented by an attorney, in which case the
				attorney may sign the request.
E.
				Each request must clearly state that it is a request for a declaratory
				opinion.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 3 - Declaratory Opinions › Rule 1-2-3.5 - Signature Attestation

Current through June 25, 2024
Any party who signs the request shall attest that the
				  request complies with the requirements set forth in these rules, including but
				  not limited to a full, complete, and accurate statement of relevant facts and
				  that there are no related proceedings pending before any agency,
				  administrative, or judicial tribunal.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 3 - Declaratory Opinions › Rule 1-2-3.6 - Request Content Requirement

Current through June 25, 2024
. Each request must contain the following:
A. A clear identification of the statute,
				rule, or order at issue;
B. The
				question for the declaratory opinion;
C. A clear and concise statement of all facts
				relevant to the question presented;
D. The identity of all other known persons
				involved in or impacted by the facts giving rise to the request including their
				relationship to the facts, and their name, mailing address, and telephone
				number;
E. A statement sufficient
				to show that the requestor has a substantial interest in the subject matter of
				the request.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 3 - Declaratory Opinions › Rule 1-2-3.7 - Reasons for Refusal of Declaratory Opinion Request

Current through June 25, 2024
The Secretary of State may, for good cause, refuse to issue a
				  declaratory opinion. The circumstances in which declaratory opinions will not
				  be issued include, but are not necessarily limited to:
A. The matter is outside the primary
				jurisdiction of the Secretary of State;
B. Lack of clarity concerning the question
				presented;
C. There is pending or
				anticipated litigation, administrative action or anticipated administrative
				action, or other adjudication which may either answer the question presented by
				the request or otherwise make an answer unnecessary;
D. The statute, rule, or order on which a
				declaratory opinion is sought is clear and not in need of interpretation to
				answer the question presented by the request;
E. The facts presented in the request are not
				sufficient to answer the question presented;
F. The request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
G. The
				request seeks to resolve issues which have become moot or are abstract or
				hypothetical such that the requestor is not substantially affected by the rule,
				statute, or order on which a declaratory opinion is sought;
H. No controversy exists or is certain to
				arise which raises a question concerning the application of the statute, rule,
				or order;
I. The question presented
				by the request concerns the legal validity of a statute, rule, or order;
J. The request is not based upon
				facts calculated to aid in the planning of future conduct, but is, instead,
				based on past conduct in an effort to establish the effect of that
				conduct;
K. No clear answer is
				determinable;
L. The question
				presented by the request involves the application of a criminal statute or sets
				forth facts which may constitute a crime;
M. The answer to the question presented would
				require the disclosure of information which is privileged or otherwise
				protected by law from disclosure;
N. The question is currently the subject of
				an Attorney General's opinion request;
O. The question has been answered by an
				Attorney General's opinion;
P. One
				or more requestors have standing to seek an Attorney General's opinion on the
				proffered question;
Q. A similar
				request is pending before this agency, or any other agency, or a proceeding is
				pending on the same subject matter before any agency, administrative or
				judicial tribunal, or where such an opinion would constitute the unauthorized
				practice of law; or
R. The question
				involves eligibility for a license, permit, certificate or other approval by
				the Secretary of State or some other agency and there is a statutory or
				regulatory application process by which eligibility for said license, permit,
				or certificate or other approval may be determined.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 3 - Declaratory Opinions › Rule 1-2-3.8 - Agency Response

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request
				  for a declaratory opinion which complies with the requirements of these rules,
				  the Secretary of State shall, in writing:
A. Issue an opinion declaring the
				applicability of the statute, rule, or order to the specified
				circumstances;
B. Agree to issue a
				declaratory opinion by a specified time but no later than ninety (90) days
				after receipt of the written request; or
C. Decline to issue a declaratory opinion,
				stating the reasons for its action.
The forty-five (45) day period shall begin on the first
				  business day on or after which the request is received by the Secretary of
				  State.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 3 - Declaratory Opinions › Rule 1-2-3.9 - Availability of Declaratory Opinions and Requests for Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying at the expense of the
				  viewer during normal business hours. All declaratory opinions and requests
				  shall be indexed by requestor name, subject, and date of issue. Declaratory
				  opinions and requests which contain information which is confidential or exempt
				  from disclosure under the Mississippi Public Records Act or other laws shall be
				  exempt from this requirement and shall remain confidential.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 4 - Public Records Procedure › Rule 1-2-4.1 - Scope

Current through June 25, 2024
This rule establishes procedures and fees associated with all
				  public requests for copies and/or inspection of public documents.
A.
Submission of Requests.
1. All requests for information should be
				submitted in writing to:
Office of the Secretary of State
Attention: Public Records Office
P.O. Box 136 (mailing address)
401 Mississippi Street (physical address)
Jackson, MS 39201
PublicRecords@sos.ms.gov
2. Requests may be mailed, emailed to
				publicrecords@sos.ms.gov or hand delivered to the physical address listed
				above.
3. No verbal or telephone
				request can be accepted without written request received in accordance with
				subparagraphs 1 or 2 above.
4. The
				request should specifically outline the records that are being requested
				provide the name of the requestor, address of the requestor, email (if
				applicable) and telephone number of the requesting entity/individual and must
				be signed by the requesting party.
5. If a request is not directed through the
				channels provided in the manner described above, official receipt of the public
				records request may be delayed as it may take additional time to route your
				request to the correct SOS division for processing
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 4 - Public Records Procedure › Rule 1-2-4.2 - Review of Denials

Current through June 25, 2024
A. Review by the
				Ethics Commission. Pursuant to Miss. Code Ann. §
									25-61-13, if the SOS denies a
				requestor access to public records, the requestor may ask the Ethics Commission
				to review the matter. The Ethics Commission has adopted rules on such requests.
				They may be found at
www.ethics.state.ms.us
.
B. Judicial review. Any person whose request
				for public records was denied may institute a suit in the chancery court of
				Hinds County, seeking to reverse the denial, as set forth in Miss. Code Ann.
				§
									25-61-13.
Miss. Code
				  Ann. §
										25-61-1, et.
				  seq
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 5 - Fees › Rule 1-2-5.1 - Standard Documents and Fees*

Current through June 25, 2024
A. For each
				application filed for the purchase of tax-forfeited property: $2.50
B. For copy of patent: $2.00
C. For certificate from 1875 to date,
				certifying each and every sale and disposition by the state: $5.00
D. For certificate of land records
				information: $2.00
E. For copy of
				any land record, not certified: $1.00
F. Photostat copies of plats and field notes,
				as follows:
1. Size of Sheet Per Page
a. 8 ½ " x 11" and under:
				$0.50
b. Over 8 ½ " x 11"
				and not more than 8 ½ " x 14": $0.60
c. Over 8 ½ " x 14" and not more than
				18" x 24": $1.20
d. All over 18" x
				24": $2.00
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 5 - Fees › Rule 1-2-5.2 - General Fees

Current through June 25, 2024
A. Copies of other
				materials produced on 8 ½" x 11" cost $0.15 per page (additional costs
				may apply for larger or special paper).
B. A certified copy of a requested document
				costs $1.00.
C. Additional fees may
				apply for searching, researching, reviewing and conducting a legal review of
				the requested documents, and redacting information, if necessary. Charges shall
				be based upon the hourly salary of the lowest paid employee of the SOS
				qualified and available to do the job.
D. All other costs or fees which would be
				incurred in responding to a request, including but not limited to postage, UPS,
				Federal Express, temporary agency personnel, and offsite storage search and
				delivery, will be charged at the cost billed to the SOS.
E. If electronic copies are requested and the
				documents are available electronically, copies will be distributed to the
				requestor on an electronic disc or by other available electronic format. Search
				and/or research costs associated with the request may apply. See Rule
				4.1(K) 
				above.
F. The Agency may waive any
				fee described herein at the discretion of the Secretary. There will be no
				charge associated with emailing responsive records to a requestor unless
				another cost applies such as a scanning fee or system costs allowed under
				Section 25-61-7(2) of the
				Miss. Code.
G. Charges for
				searching, reviewing, and redacting are limited to the actual cost of searching
				for and reviewing and, if necessary, redacting exempt information from public
				records. The cost shall be based upon the hourly rate of compensation for the
				lowest paid agency employee qualified to perform the task, which shall be
				multiplied by the actual time to complete the task.
H. Official representatives of public bodies,
				as defined in the Public Records Act, shall be entitled to reasonable copies of
				such records at no charge.
Miss. Code
				  Ann. §
										25-61-7.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 5 - Fees › Rule 1-2-5.3 - Repeal of previous rules and regulations

Current through June 25, 2024
A. All
				previously promulgated rules or regulations which are inconsistent with any
				provisions set forth above are hereby repealed.
B. Conflicts between this regulation and
				existing statutes related to access to Agency records and fees charged by
				individual work areas of the Agency shall be resolved in favor of the existing
				statute.
Miss. Code Ann. §
										25-61-7,
				  et. seq. (Rev. 2010).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 5 - Fees › Rule 1-2-5.4 - Review of denials

Current through June 25, 2024
A. Review by the
				Mississippi Ethics Commission. Pursuant to Section
				25-61-13 of the Miss. Code, if the
				SOS denies a requestor access to public records, the requestor may ask the
				Mississippi Ethics Commission to review the matter. The Mississippi Ethics
				Commission has adopted rules on such requests. Those rules may be found at
www.ethics.ms.gov
.
B. Judicial review. Any person whose request
				for public records was denied may institute a suit in the chancery court of
				Hinds County, seeking to reverse the denial, as set forth in Section
				25-61-13.
Miss. Code
				  Ann. §
										25-61-7, et.
				  seq.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 1 - UCC - 9 and Central and Filing System Secured Transactions › Rule 1-4-1.1 - Purpose

Current through June 25, 2024
To simplify and improve the administration of the UCC by
				  promoting uniform UCC filing procedures in the State of Mississippi and in the
				  nation;
A. To simplify the public's
				ability to discover and understand the UCC filing procedures of the various
				states by establishing a uniform framework for describing the
				procedures;
B. To increase public
				access to information;
C. To
				increase public participation in the formulation of administrative policy and
				procedures; and
E. To increase
				public accountability of the filing officer.
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 2 - Definitions › Rule 1-4-2.1 - Actual Delivery

Current through June 25, 2024
"Actual Delivery" means the act of handing over the product
				  or farm product to the intended recipient or agent therefore.
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 2 - Definitions › Rule 1-4-2.2 - Amendment

Current through June 25, 2024
"Amendment" means a UCC document that purports to amend the
				  information contained in a financing statement. Amendments include amendments,
				  assignments, continuations, and terminations.
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 2 - Definitions › Rule 1-4-2.3 - Assignment

Current through June 25, 2024
"Assignment" is an amendment that purports to reflect an
				  assignment of all or a part of a secured party's power to authorize an
				  amendment to a financing statement.
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 2 - Definitions › Rule 1-4-2.4 - Buyer in the ordinary course of business

Current through June 25, 2024
"Buyer in the ordinary course of business" means a person or
				  entity who buys goods, including farm products, In good faith, without
				  knowledge that the sale violates the rights of another person in the goods, and
				  in the ordinary- course of business from a person or entity in the business of
				  selling goods of that kind. This definition also incorporates "buyer in the
				  ordinary course of business" as defined in Mississippi Code §
									75-1-201(9)
				   and shall not be in conflict with the Food
				  Security Act of 1g85,
				  7 U.S.C. §
										1631.
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 2 - Definitions › Rule 1-4-2.5 - Central Filing System

Current through June 25, 2024
"Central Filing System" means a system for filing effective
				  financing statements or notice of such financing statements on a statewide
				  basis which has been certified by the Secretary of the United States Department
				  of Agriculture.
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 2 - Definitions › Rule 1-4-2.6 - Continuation

Current through June 25, 2024
"Continuation" means an amendment that purports to continue
				  the effectiveness of a financing statement.
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 2 - Definitions › Rule 1-4-2.7 - Correction statement

Current through June 25, 2024
"Correction statement" means a UCC document that purports to
				  indicate that a financing statement is inaccurate or wrongfully filed.
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 2 - Definitions › Rule 1-4-2.8 - Effective financing statement

Current through June 25, 2024
"Effective financing statement" (EFS) means a statement that
				  is an original or reproduced copy thereof, filed in accordance with the
				  "Uniform Commercial Code - Secured Transactions" applicable in the State of
				  Mississippi at the time of filing OR as in the case of farm product filings, a
				  statement which complies with Section 1324 of the Food Security -Act of 1985,
				  P.L. 99-108 that is an original or reproduced copy of the statement containing
				  the name and address of the secured party; the name and address of the person
				  indebted to the secured party; the social security number (or in the case of a
				  debtor doing business other than as an individual, the Internal Revenue Service
				  taxpayer identification number); a description of the farm products- subject to
				  the security interest created by the debtor, including the amount of such
				  products where applicable; and a reasonable description of the property,
				  including the county in which the property is located; signed by both the
				  debtor(s) and the secured party(ies) if submitted non-electronically, or when
				  and if the Mississippi Secretary of State accepts electronic filing of UCC
				  statements an electronically reproduced copy of a statement without the
				  debtor's signature.
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 2 - Definitions › Rule 1-4-2.10 - Farm Product

Current through June 25, 2024
"Farm Product" means an agricultural commodity such as, but
				  not limited to, cotton, wheat, corn, soybeans; a species of livestock such as,
				  but not limited to, cattle, hogs, emu, sheep, horses or poultry included, used,
				  or produced in farming operations; aquatic goods produced in aqua cultural
				  operations; or a product bf such crop. "Farm Product" includes agricultural
				  based commodities used or produced in farming operations, aqua cultural
				  products, or livestock in its unmanufactured state (such as ginned cotton, wool
				  clip, sorghum, milk, and eggs) that is in possession of a person engaged in
				  farming operations.
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 2 - Definitions › Rule 1-4-2.11 - File number

Current through June 25, 2024
"File number" means the unique identifying information
				  assigned to an initial financing statement by the filing officer for the
				  purpose of identifying the financing statement and UCC documents relating to
				  the financing statement in the filing officer's information management system.
				  The file number bears no relation to the time of filing and is not an indicator
				  of priority.
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 2 - Definitions › Rule 1-4-2.12 - Filing office and filing officer

Current through June 25, 2024
"Filing office" and "filing officer" means the Mississippi
				  Secretary of State, Division of Business Services.
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 2 - Definitions › Rule 1-4-2.13 - Financing statement

Current through June 25, 2024
"Financing statement" means a record or records composed of
				  an initial financing statement and any filed record(s) relating to the initial
				  financing statement.
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 2 - Definitions › Rule 1-4-2.14 - Individual

Current through June 25, 2024
"Individual" means a human being, or a decedent in the case
				  of a debtor that is such decedent's estate.
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 2 - Definitions › Rule 1-4-2.15 - Initial financing statement

Current through June 25, 2024
"Initial financing statement" means a UCC document that does
				  not identify itself as an amendment or identify an initial financing statement
				  to which it relates, as required by Mississippi Code § 75- 9-512, 75-9-514
				  or 75-9-518.
Section 79-9-101 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 2 - Definitions › Rule 1-4-2.16 - Knows or knowledge

Current through June 25, 2024
"Knows" or "knowledge" means that a person has actual
				  knowledge of a fact.
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 2 - Definitions › Rule 1-4-2.17 - Master list

Current through June 25, 2024
"Master list" means the accumulation of data in paper,
				  electronic, or other form, organized according to Farm Products; and arranged
				  within such product alphabetically, numerically by tax ID, geographically by
				  county, and crop year.
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 2 - Definitions › Rule 1-4-2.18 - Organization

Current through June 25, 2024
"Organization" means a legal person who is not an individual
				  under Rule
				  2.14.
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 2 - Definitions › Rule 1-4-2.19 - Person

Current through June 25, 2024
"Person" means any individual, partnership, corporation,
				  trust, or any other business entity.
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 2 - Definitions › Rule 1-4-2.20 - Portion

Current through June 25, 2024
"Portion" means portion of the master list distributed to
				  registrants regularly that cover the farm products in which such registrant has
				  registered an interest.
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 2 - Definitions › Rule 1-4-2.21 - Receipt

Current through June 25, 2024
"Receipt" means three (3) days following the dates of mailing
				  or the date of actual delivery to the intended recipient, whichever occurs
				  first.
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 2 - Definitions › Rule 1-4-2.22 - Registrant

Current through June 25, 2024
"Registrant" means any buyer of farm products, selling agent,
				  or commission merchant registered With the Central Filing System.
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 2 - Definitions › Rule 1-4-2.23 - Remitter

Current through June 25, 2024
"Remitter" means a person who tenders UCC document to the
				  filing officer for filing, whether the person is a filer or an agent of a filer
				  responsible for tendering the document for filing. "Remitter" does not include
				  a person responsible merely for the delivery of the document to the filing
				  office, 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.
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 2 - Definitions › Rule 1-4-2.24 - Secretary

Current through June 25, 2024
"Secretary" unless identified to the contrary, means
				  Secretary of State of the State of Mississippi.
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 2 - Definitions › Rule 1-4-2.25 - Security interest

Current through June 25, 2024
"Security interest" means an interest in personal property
				  including fixtures, as extracted collateral, timber to be cut, or Farm Products
				  which secure payment or performance of an obligation.
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 2 - Definitions › Rule 1-4-2.26 - Secured party of record

Current through June 25, 2024
"Secured party of record" means, with respect to a financing
				  statement, a person whose name is provided as the name of a secured party or a
				  representative of the secured party in an initial financing statement that has
				  been filed. If an initial financing statement is filed under Mississippi Code
				  §
									75-9-514(a),
				  the assignee named in the initial financing statement is the secured party of
				  record with respect to the financing statement. If an amendment of a financing
				  statement which provides the name of a person as a secured party or a
				  representative of a secured party is filed, the person named in the amendment
				  is a secured party of record. If an amendment is filed under Mississippi Code
				  §
									75-9-514(b),
				  the assignee named in the amendment is a secured party of record. A person
				  remains a secured party of record until the filing of an amendment of the
				  financing statement which deletes the person.
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 2 - Definitions › Rule 1-4-2.28 - Termination

Current through June 25, 2024
"Termination" means an amendment intended to indicate that
				  the related financing statement has ceased to be effective with respect to the
				  secured party authorizing the termination.
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 2 - Definitions › Rule 1-4-2.30 - UCC document

Current through June 25, 2024
"UCC document" means an initial- financing statement, an
				  amendment, an assignment, a continuation, a termination or a correction
				  statement. The word "document in the term "UCC document" shall not be deemed to
				  refer exclusively to paper or paper-based writings; it being understood that
				  UCC documents may be expressed or transmitted electronically or through media
				  other than such writings. (Note: This definition is used for the purpose of
				  these rules only. The-use of the term UCC document" in these rules has no
				  relation to the definition of the term "document" in Mississippi Code §
									75-9-102(a)
				  (30)).
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 2 - Definitions › Rule 1-4-2.31 - Singular and Plural Forms

Current through June 25, 2024
"Singular and Plural Forms" Singular nouns shall include the
				  plural form, and plural nouns shall include the singular form, unless the
				  context otherwise requires.
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 3 - Filing Officer › Rule 1-4-3.1 - Place to File

Current through June 25, 2024
The filing office is the office for filing UCC documents
				  relating to all types of collateral except for timber to be cut, as-extracted
				  collateral (Mississippi Code §
									75-9-102(a)(6))
				  and, when the relevant financing statement is filed as a fixture filing, goods
				  which are or are to become fixtures. Regardless of the nature of the
				  collateral, the Mississippi Secretary of State, Division of Business Services
				  is the office for filing all UCC documents where the debtor is a transmitting
				  utility.
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 3 - Filing Officer › Rule 1-4-3.2 - Filing Office Identification

Current through June 25, 2024
In addition to the promulgation of these rules, the
				  Mississippi Secretary of State will disseminate information of its location,
				  mailing address, telephone and fax numbers, and its Internet and other
				  electronic 'addresses' through usual and customary means.
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 3 - Filing Officer › Rule 1-4-3.3 - Office Hours

Current through June 25, 2024
Although the filing office maintains regular office hours, it
				  receives transmissions electronically through its filing system 24 hours per
				  day, 365 days per year, except for scheduled maintenance and unscheduled
				  interruptions of service. These communications may be retrieved and processed
				  periodically (but no less often than once each day the filing office is open
				  for business) on a batch basis.
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 4 - UCC Document Delivery › Rule 1-4-4.1 - Personal Delivery at the Filing Office's Street Address

Current through June 25, 2024
The filing time for
a
UCC document delivered by
				  this method is when delivery of the UCC document is accepted by the filing
				  office (even though the UCC document may not yet have been accepted for filing
				  and subsequently may be rejected).
Section
				  75-9-301
				  et seq. Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 4 - UCC Document Delivery › Rule 1-4-4.2 - Express Mail and Courier Delivery at the Filing Office's Street Address

Current through June 25, 2024
UCC documents delivered by this method, not-withstanding the
				  time of delivery, received prior to 12:00 p.m. of a business day will receive a
				  filing time of 12:00 p.m., even though the UCC document may not yet have been
				  accepted for filing and may be subsequently rejected. Courier delivery of UCC
				  documents after 12:00 p.m. on a business day, and before the close of business,
				  will receive a filing time of 5:00 p.m., even though the UCC document may not
				  yet have been accepted for filing and may be subsequently rejected.
Section
				  75-9-301
				  et seq. Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 4 - UCC Document Delivery › Rule 1-4-4.3 - Standard Postal Service Delivery to the Filing Office's Mailing Address

Current through June 25, 2024
UCC documents delivered by this method will receive a filing
				  time of 8:00 a.m. on the day of delivery if the filing office is open for
				  business on the delivery day, even though the UCC document may not yet have
				  been accepted for filing and may be subsequently rejected. A UCC document
				  delivered after regular business hours or on a day the filing office is not
				  open for business will have a filing time of 8:00 a.m. on the next day the
				  filing office is open for business.
Section
				  75-9-301
				  et seq. Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 4 - UCC Document Delivery › Rule 1-4-4.4 - Search Request Delivery

Current through June 25, 2024
UCC search requests may be delivered to the filing office by
				  any of the means by which UCC' documents may be delivered to the filing office.
				  Requirements concerning search requests are set forth in Rule
				  12.2
Section
				  75-9-301
				  et seq. Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 5 - Approved Forms › Rule 1-4-5.1 - Statutory Forms

Current through June 25, 2024
The forms described by reference In Mississippi Code §
									75-9-521
				  will be acceptable.
Section
				  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 5 - Approved Forms › Rule 1-4-5.2 - Farm Product Filing Forms

Current through June 25, 2024
In the case of a Farm Product filing, the Mississippi
				  Secretary of State has adopted specific forms for initial filing and
				  continuation which meets the required guidelines under the Food Security Act of
				  1985. These forms are included in "Appendix A."
Section
				  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 5 - Approved Forms › Rule 1-4-5.3 - Secretary of State-Approved Forms

Current through June 25, 2024
A form for the relevant UCC document approved by the office
				  of the Secretary of State will be acceptable. Beginning July 1, 2017, only UCC
				  documents generated by the Secretary of State's UCC online filing system will
				  be accepted for filing. UCC filings submitted on forms not generated in the
				  Mississippi Secretary of State's system will be rejected.
Section
				  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 5 - Approved Forms › Rule 1-4-5.4 - Form-UCC Search

Current through June 25, 2024
The Secretary of State will only honor search requests
				  submitted on the appropriate form available on the Secretary of State's
				  website.
Section
				  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 6 - Filing Fees-Not Including Farm Commodity Filings Covered in Rule 13.5 › Rule 1-4-6.1

Current through June 25, 2024
Filing fees are assessed pursuant to Mississippi Code §
									75-9-525.
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 6 - Filing Fees-Not Including Farm Commodity Filings Covered in Rule 13.5 › Rule 1-4-6.2

Current through June 25, 2024
From and after December 31, 2007, filing fees are as
				  follows:
Standard Form Name
Discounted Fees for Filings Paid Online
Initial Financing Statement (UCC1) and Addendum
							 (UCC1Ad)
$8 + convenience fee set by e-gov portal
Financing Statement Amendment (UCC3) and Addendum
							 (UCC3Ad)
$8 + convenience fee set by e-gov portal
Fees for Standard Forms Completed Online and
							 Mailed in with Payment
Initial Financing Statement (UCC1) and Addendum
							 (UCC1Ad)
$10 (+ $3 if attachments +$4 for each additional
							 debtor listed)
Financing Statement Amendment (UCC3) and Addendum
							 (UCC3Ad)
$10 (+ $3 if attachments)
Farm Products Forms
Fees for Farm Product Filings (Must be
							 completed online then mailed in with payment)
Initial "Farm Product Filing" Financing Statement
							 UCC1F) and Addendum (UCC1FAd)
$10 (+ $3 if attachments +$4 for each additional
							 debtor listed)
"Farm Product Filing" Financing Statement Amendment
							 (UCC3F) and Addendum (UCC3Fad)
$10 (+ $3 if attachments)
Other Forms
Fees (must be completed online and mailed in
							 with payment)
Information (Correction) Statement (UCC5)
$10 (+ $3 if attachments)
Information Request (UCC11)
$5
UCC11 Copy Request
$2 per financing statement requested + $0.25 per page
							 copying fee
Section
				  75-9-505
				  et seq. and Section
				  25-61-7
				  Mississippi Code of 1972 as amended.
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 1-4-6.3

Current through June 25, 2024
From and after December 31, 2007, filing fees are as
				  follows:
A. The- fee for filing and
				indexing a record under, other than an initial financing statement of the kind
				described in 111.3.2 is the amount specified in subsection 111.3.3, if
				applicable, plus:
B. Five Dollars
				($5.00) if the record is communicated in writing and is in the standard form
				prescribed by Mississippi Code § 75-9- 521 or by the Secretary of
				State;
C. Eight Dollars ($8.00) if
				the record is communicated in writing and is not in the standard form
				prescribed by Mississippi Code §
									75-9-521
				or by the Secretary of State; and
D. Three Dollars ($3.00) if the record is
				communicated by another medium authorized by filing office rule.
E. The fee for filing and indexing an initial
				financing statement of the following kind is the amount in subsection 111.3.3,
				if applicable, plus:
1. Eight Dollars ($8.00)
				if the financing statement indicates that it is filed in connection with a
				public-finance transaction;
2. Five
				Dollars ($5.00) if the financing statement indicates that it is filed in
				connection with a manufactured-home transaction.
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 1-4-6.3 - Expedited Services

Current through June 25, 2024
Expedited services are not provided.
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 6 - Filing Fees-Not Including Farm Commodity Filings Covered in Rule 13.5 › Rule 1-4-6.4 - Methods of Payment

Current through June 25, 2024
Filing fees for UCC9 and Central Filing System transactions
				  must be submitted only for that transaction. For example: fees for filing a UCC
				  document cannot be combined with other corporate service fees of the Secretary
				  of State and tendered at the time. Filing fees and fees for public record
				  services may be paid by the following methods:
A. Cash. The filing officer discourages cash
				payment unless made in person to the cashier at the filing office.
B. Checks. Checks made payable to the filing
				office will be accepted for payment if drawn on a bank acceptable to the filing
				office.
C. The filing office will
				accept payment via electronic funds transfer under National Automated Clearing
				House Association ("NACHA") rules from remitters who have entered into
				appropriate NACHA - approved arrangements for such transfers and who authorize
				the relevant transfer pursuant to such arrangements and rules.
D. Debit cards. The filing office may elect
				to accept payment by debit cards in accordance with Mississippi Code and as
				technology permits.
E. Credit
				cards. The filing office may elect to accept payments using credit cards in
				accordance with Mississippi Code and as technology permits.
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 6 - Filing Fees-Not Including Farm Commodity Filings Covered in Rule 13.5 › Rule 1-4-6.5 - Overpayment and underpayment/rejected filing refunds policies

Current through June 25, 2024
An overpayment will not be refunded to the filing
				  party.
Section
				  75-9-505
				  et seq. Mississippi Code of 1972 as amended.