reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 3 - REPORTS, CONTRIBUTIONS, AND EXPENDITURES › Section R. 169.39b - Expenditures for candidate advertisements

Current through Vol. 24-12, July 15, 2024
Rule 39b.
(1)
				  Except as otherwise provided in this rule, an expenditure for a communication
				  that uses the name or likeness of 1 or more specific candidates is subject to
				  the prohibition on contributions and expenditures in section 54 of the act if
				  the communication is broadcast or distributed within 45 calendar days before
				  the date of an election in which the candidates name is eligible to appear on
				  the ballot.
(2) This rule does not
				  apply to any of the following:
(a) An
				  expenditure for communication by a person with the persons paid members or
				  stockholders and individuals who can be solicited for contributions to a
				  separate segregated fund.
(b) An
				  expenditure for nonpartisan voter registration or nonpartisan get-out-the-vote
				  activities ,including the production and distribution of voter guides, that is
				  made by an organization that is exempt from federal income tax under section
				  501(c)(3) of the internal revenue code of 1986,
				  26 U.S.C.
				  501 (c)(3) or any successor
				  statute.
(c) An expenditure for
				  communication by a qualified nonprofit corporation as defined in subrule (3) of
				  this rule.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 3 - REPORTS, CONTRIBUTIONS, AND EXPENDITURES › Section R. 169.39c - Affirmative consent; effectiveness

Current through Vol. 24-12, July 15, 2024
Rule 39c. The affirmative consent required by section 55(6)
					 of the act shall be effective only through December 31 of the year for which it
					 is given.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 3 - REPORTS, CONTRIBUTIONS, AND EXPENDITURES › Section R. 169.39d - Affirmative consent; form

Current through Vol. 24-12, July 15, 2024
Rule 39d.
(1) The
				  affirmative consent required by section 55(6) of the act shall be given in
				  writing and shall include, at a minimum, all of the following:
(a) A notice, which shall read as follows:
Affirmative Consent to Political Contributions Section
					 55(6) of the Michigan Campaign Finance Act provides that a corporation, a joint
					 stock company, a domestic dependent sovereign, or a labor organization "may
					 solicit or obtain contributions for a separate segregated fund established
					 under this section from an individual described in subsection (2), (3), (4), or
					 (5) on automatic basis, including but not limited to a payroll deduction plan,
					 only if the individual who is contributing to the fund affirmatively consents
					 to the contribution at least once in every calendar year."
(b) The contributor's first, middle, and last
				  names.
(c) The amount of money to
				  be withheld from the contributor's wages or the percentage of the contributor's
				  wages to be withheld.
(d) The
				  frequency with which the withholding is to be accomplished. The withholding may
				  be per day period, per week, per month, or per year.
(e) The name of the committee to which the
				  withheld earnings are to be transferred.
(f) The calendar year for which the consent
				  is given.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 3 - REPORTS, CONTRIBUTIONS, AND EXPENDITURES › Section R. 169.39e - Solicitations by separate segregated funds

Current through Vol. 24-12, July 15, 2024
Rule 39e.
(1) A
				  for profit corporation or joint stock company may solicit the employees of its
				  subsidiaries who have policy making, managerial, professional, supervisory, or
				  administrative nonclerical responsibilities and their spouses.
(2) A labor organization whose membership
				  consists of other labor organizations may solicit those individuals that are
				  members of its member labor organizations and their spouses. A labor
				  organization whose membership consists of other labor organizations may solicit
				  the employees of the member labor organizations who have policy making,
				  managerial, professional, supervisory, or administrative nonclerical
				  responsibilities and their spouses.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 4 - STATE CAMPAIGN FUND › Section R. 169.41 - State campaign fund; reservation of funds

Current through Vol. 24-12, July 15, 2024
Rule 41. On or before January 1 of each year in which an
					 election for governor is held, the state treasurer shall:
(a) Reserve 3% of the funds available in the
				  state campaign fund to make necessary adjustments required by formulas set
				  forth in section 65(2), (3), (4), and (5) of the act.
(b) Reserve the maximum amount that each
				  candidate for governor of a major political party is entitled to receive for
				  the general election.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 4 - STATE CAMPAIGN FUND › Section R. 169.42 - State campaign fund; payments to candidates

Current through Vol. 24-12, July 15, 2024
Rule 42. The state treasurer, beginning on January 1 of
					 each year in which an election for governor is held, shall make payment
					 immediately from the state campaign fund to eligible candidates on the basis of
					 candidate applications which have been approved by the secretary of state and
					 forwarded to the state treasurer.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 4 - STATE CAMPAIGN FUND › Section R. 169.43 - Public funding of elections; qualifying contributions

Current through Vol. 24-12, July 15, 2024
Rule 43. Qualifying contributions for public funding of the
					 primary or general elections may be obtained from April 1 of the year preceding
					 the year in which a governor is elected until December 31 of the year in which
					 a governor is elected, or until the candidate committee files a dissolution
					 statement, whichever occurs first.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 4 - STATE CAMPAIGN FUND › Section R. 169.44 - Public funding of elections; application; approval

Current through Vol. 24-12, July 15, 2024
Rule 44. An application for public funds shall be submitted
					 to the secretary of state not later than December 15 following the election.
					 The secretary of state shall not approve a post-election application unless the
					 committee demonstrates that the amount applied for is necessary to pay
					 qualified campaign expenditures.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 4 - STATE CAMPAIGN FUND › Section R. 169.45 - Public funding of elections; post-election application; accompanying statement; contents

Current through Vol. 24-12, July 15, 2024
Rule 45. A post-election application for public funds shall
					 be accompanied by a statement which indicates the balance of the committee's
					 public funds on hand and a list of receipts and expenditures of public funds
					 between the closing date of the last campaign statement filed and the date the
					 application is filed.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 4 - STATE CAMPAIGN FUND › Section R. 169.46 - Public funding of elections; return of funds; post-election returns; return period; exception

Current through Vol. 24-12, July 15, 2024
Rule 46.
(1)
				  Public funds held by a committee shall be returned to the state within 60 days
				  after the election, unless the committee has obtained prior written approval
				  for retention of the funds from the secretary of state and the funds retained
				  are directed to, and not in excess of, qualified campaign
				  expenditures.
(2) The secretary of
				  state may require a committee to file a monthly report accounting for the use
				  of any funds retained pursuant to subrule (1) of this rule.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 4 - STATE CAMPAIGN FUND › Section R. 169.47 - Public funding of elections; return of funds; voluntary returns; accompanying statement; contents; prompt returns

Current through Vol. 24-12, July 15, 2024
Rule 47.
(1) When
				  a committee voluntarily terminates its public fund account, it shall return any
				  balance to the state. If the account is terminated after the closing date of
				  the post-election campaign statement for the election for which public funds
				  were received, the committee shall provide the secretary of state with a
				  written statement indicating that the committee's public fund account contains
				  a zero balance. The statement shall be accompanied by a list of receipts and
				  expenditures of public funds between the closing date of the last campaign
				  statement filed and the date the written statement is filed.
(2) A committee which has terminated its
				  public fund account shall promptly return to the state any refund or rebate
				  arising out of expenditures for which public funds were originally used or any
				  proceeds from the sale of assets originally purchased with public
				  funds.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 4 - STATE CAMPAIGN FUND › Section R. 169.48 - Public funding of elections; return of funds; submission by written instrument

Current through Vol. 24-12, July 15, 2024
Rule 48. Public funds returned to the state shall be
					 submitted to the secretary of state by written instrument made payable to:
					 "State of Michigan."
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 5 - COMPLAINTS AND INVESTIGATIONS › Section R. 169.51 - Complaint generally

Current through Vol. 24-12, July 15, 2024
Rule 51. A person who believes a violation of the act or
					 these rules has occurred may file a written complaint in person or by mail with
					 the secretary of state.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 5 - COMPLAINTS AND INVESTIGATIONS › Section R. 169.52 - Complaint; form and contents

Current through Vol. 24-12, July 15, 2024
Rule 52.
(1) A
				  complaint shall be typewritten or handwritten in ink. The complainant's name,
				  address, and telephone number shall be typewritten or handprinted upon the
				  complaint. A complaint shall include the following verification statement: "I
				  certify that the statements set forth above are true to the best of my
				  knowledge and belief." A complaint shall be signed by the complainant
				  immediately following the verification statement.
(2) A complaint shall name the alleged
				  violator, set forth the alleged violator's address, describe in reasonable
				  detail the alleged violation, and identify all available evidentiary
				  material.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 5 - COMPLAINTS AND INVESTIGATIONS › Section R. 169.53 - Complaint; dismissal

Current through Vol. 24-12, July 15, 2024
Rule 53. If, upon reading the complaint, the secretary of
					 state determines a complaint is frivolous, illegible, indefinite, or unsigned,
					 or does not identify an alleged violator, allege a violation of the act or
					 these rules, or contain a verification statement, the secretary of state may
					 summarily dismiss the complaint without prejudice. If a complaint is summarily
					 dismissed, the complainant shall be notified in writing as to the reason the
					 complaint was dismissed.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 5 - COMPLAINTS AND INVESTIGATIONS › Section R. 169.54 - Complaint; indication to person against whom allegation made

Current through Vol. 24-12, July 15, 2024
Rule 54. If a complaint is not summarily dismissed, or if
					 the secretary of state, upon examination of a report filed pursuant to the act,
					 finds there may be reason to believe a violation of the act or these rules has
					 occurred, the secretary of state shall indicate immediately, to the person
					 against whom an allegation is made, the following:
(a) A complaint has been made alleging, or
				  examination of a filed report indicates, possible violation of the act or these
				  rules.
(b) The specifics of the
				  alleged violation.
(c) The identity
				  of the complainant if a complaint has been filed.
(d) The provisions of these rules relative to
				  complaints and investigations.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 5 - COMPLAINTS AND INVESTIGATIONS › Section R. 169.55 - Preliminary review of alleged violation; dismissal of complaint; notice of informal hearing

Current through Vol. 24-12, July 15, 2024
Rule 55.
(1) The
				  secretary of state, upon written complaint or examination of a report filed
				  pursuant to the act, may conduct a preliminary review of an alleged violation
				  to determine if there may be reason to believe a violation of the act or these
				  rules has occurred.
(2) If,
				  following a preliminary review, the secretary of state determines there is no
				  reason to believe an allegation is true, the complaint shall be dismissed.
				  Notice of this decision shall be given by the secretary of state to the
				  complainant and the person against whom an allegation has been made.
(3) If, following a preliminary review, the
				  secretary of state determines there may be reason to believe an allegation is
				  true, the secretary of state may take either of the following actions:
(a) Notify the person against whom the
				  allegation is made and the complainant that an informal hearing will be held to
				  determine whether there is reason to believe a violation of the act or these
				  rules has occurred.
(b) Attempt to
				  correct or prevent further violation by informal methods of conference,
				  conciliation, and persuasion, and enter into a conciliation agreement with the
				  person involved. If the secretary of state is unable to correct or prevent
				  further violation by these informal methods, the person against whom the
				  allegation is made and the complainant shall be notified that an informal
				  hearing shall be held to determine whether there is reason to believe a
				  violation of the act or these rules has occurred.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 5 - COMPLAINTS AND INVESTIGATIONS › Section R. 169.56 - Informal hearing; dismissal of complaint; notice of decision

Current through Vol. 24-12, July 15, 2024
Rule 56.
(1) If,
				  following the informal hearing, the secretary of state determines there is no
				  reason to believe a violation of the act or these rules has occurred, the
				  complaint shall be dismissed. The parties shall be notified of this
				  decision.
(2) If, following the
				  informal hearing, the secretary of state determines that the alleged violation
				  may be corrected, or further violation may be prevented, by informal methods of
				  conference, conciliation, and persuasion, the secretary of state may enter into
				  a conciliation agreement with the person involved.
(3) If, following the informal hearing, the
				  secretary of state determines there is reason to believe a violation of the act
				  or these rules has occurred, the secretary of state may notify the attorney
				  general of the decision if the allegation was made as the result of a
				  complaint. If the allegation was made as the result of an examination of a
				  report filed pursuant to the act, the secretary of state shall notify the
				  attorney general of the decision.
(4) If, following the informal hearing, the
				  secretary of state determines not to report the hearing's results to the
				  attorney general, the secretary of state shall notify the parties of this
				  decision.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 6 - OFFICEHOLDER'S EXPENSE FUND › Section R. 169.61 - Receipts; reports

Current through Vol. 24-12, July 15, 2024
Rule 61.
(1) An
				  elected officeholder shall indicate the existence of an officeholder's expense
				  fund on the statement of organization, or on an amendment thereto, filed by the
				  officeholder's candidate committee.
(2) Money given specifically to an
				  officeholder's expense fund shall be designated for that purpose by the
				  donor.
(3) Money received by an
				  officeholder's expense fund shall be kept in a depository account separate from
				  the candidate committee's funds.
(4) The treasurer of an officeholder's
				  expense fund shall keep records of all receipts to, and disbursements from, the
				  fund for a period of 1 year longer than the officeholder's term of
				  office.
(5) Receipts to, and
				  disbursements from, the officeholder's expense fund shall be subject to the
				  contribution limitations and reporting provisions of the act for candidate
				  committees.
(6) The officeholder's
				  expense fund report shall be signed by the treasurer of the fund and by the
				  officeholder on the lines indicated following the verification
				  statement.
(7) The officeholder's
				  expense fund report shall be filed with the filing official designated by the
				  act to receive the officeholder's candidate committee campaign
				  statements.
(8) Money may be
				  transferred from the candidate committee of an elected public official to the
				  officeholder's expense fund of that public official in accordance with the
				  provisions of the act.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 6 - OFFICEHOLDER'S EXPENSE FUND › Section R. 169.63 - Unauthorized disbursement

Current through Vol. 24-12, July 15, 2024
Rule 63.
(1) An
				  officeholder's expense fund report shall include information which is
				  sufficient to establish that each disbursement from the fund was for the
				  payment of an expense incidental to the elected public official's
				  office.
(2) If, upon examination of
				  a report, the secretary of state is unable to determine whether a disbursement
				  from an officeholder's expense fund was made in compliance with the act and
				  these rules, the secretary of state shall request additional information or
				  documentation which is sufficient to establish that the disbursement was for an
				  expense incidental to office.
(3)
				  If the secretary of state determines, after receiving the information or
				  documentation required under subrule (2) of this rule, that a disbursement from
				  an officeholder's expense fund was not made in compliance with the act and
				  these rules, the secretary of state shall request the public official to
				  reimburse an amount equivalent to the unauthorized disbursement to the
				  officeholder's expense fund.
(4) If
				  a public official fails to respond within 21 days to a request made under
				  subrule (2) or (3) of this rule, the secretary of state shall refer the matter
				  to the attorney general for commencement of an action to recover the
				  unauthorized disbursement from the officeholder's expense fund. A referral made
				  under this subrule shall not prevent the secretary of state from proceeding
				  under part 5 of these rules.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 6 - OFFICEHOLDER'S EXPENSE FUND › Section R. 169.64 - Corporate donation

Current through Vol. 24-12, July 15, 2024
Rule 64. A corporate donation to an officeholder's expense
					 fund shall not be solicited or accepted at a joint fund-raising event sponsored
					 by the candidate committee and officeholder's expense fund of that public
					 official unless the candidate committee pays for the expenses of the event and
					 all corporate money received for that event is deposited in the account of the
					 officeholder's expense fund.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Campaign Financing Rules - Solicitations by Separate Segregated Funds › Part 6 - OFFICEHOLDER'S EXPENSE FUND › Section R. 169.65 - Dissolution; disposition of assets

Current through Vol. 24-12, July 15, 2024
Rule 65.
(1)
				  Dissolution of an officeholder's expense fund shall consist of a report that
				  covers the period from the closing date of the last report filed by the
				  officeholder's expense fund to the date of dissolution.
(2) After an official leaves public office,
				  his or her officeholder's expense fund shall not accept donations or make
				  disbursements, except to dispose of debts incurred before the date on which the
				  official leaves public office.
(3)
				  An asset purchased with money donated to an officeholder's expense fund which
				  is no longer used in a manner incidental to office, either during an official's
				  term of office or when the official leaves public office, shall be sold at fair
				  market value. A public official may purchase, at fair market value, an asset
				  acquired by the official's officeholder's expense fund. As used in this
				  subrule, "fair market value" is the price that an asset of like type, quality,
				  age, and quantity would bring in a particular market at the time of
				  acquisition.
(4) A public official
				  may transfer any unexpended money from one officeholder's expense fund to
				  another officeholder's expense fund held by the same public official pursuant
				  to the provisions of section 45(1) of the act.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Casino Interest Registration › Section R. 432.1001 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules, "act" means
				Act No.
				74 of the Public Acts of
				1997, being S432.271 et seq. of the
				Michigan Compiled Laws.
(2) Terms
				defined in the act have the same meaning when used in these rules.
(3) As used in the act, "managerial employee"
				means a person who is employed in the operation of a licensed casino and is
				designated as a managerial employee by the Michigan gaming control
				board.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Casino Interest Registration › Section R. 432.1002 - Registrations; format; amendments; terminations

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A person
				who is required by the act to file a registration shall file the registration
				in a format prescribed or previously approved by the department. A person shall
				file an attachment to a registration in the same format as the
				registration.
(2) A person who
				makes entries or statements on a registration that is filed in a paper format
				shall print legibly in ink or type the entries or statements.
(3) A person filing a registration shall
				complete each item of information requested by the department or shall clearly
				note that the item of information is not applicable. A person shall not leave
				an item blank. The department shall not accept or consider as filed a
				registration that is not complete.
(4) A person shall file an amended
				registration if any information required in a registration is changed. A person
				shall submit an amended registration in a format prescribed or previously
				approved by the department. An amended registration shall identify the date on
				which each change occurred.
(5) A
				person shall file a notice of termination or a registration in a format
				prescribed or previously approved by the department.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Casino Interest Registration › Section R. 432.1003 - Sworn complaints

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A person
				who believes a violation of the act or these rules has occurred may, in person
				or by mail, file a notarized sworn complaint with the secretary of
				state.
(2) A person shall type,
				print, or handwrite in ink a complaint and shall include the complainants name,
				address, and telephone number. A complaint shall name the alleged violator, set
				forth the alleged violator's address, describe the alleged violation in
				reasonable detail, and identify all known evidentiary material.
(3) A complaint shall include the following
				verification statement: "I certify that the statements set forth above are true
				to the best of my knowledge, information, and belief." A complainant shall sign
				a complaint immediately following the verification statement and shall swear to
				the complaint before a notary public.
(4) Upon receipt of a sworn complaint, the
				secretary of state shall determine whether the complaint is complete. If the
				complaint is complete, then the secretary of state shall forward it to the
				attorney general and shall notify the complainant and the Michigan gaming
				control board that it has been forwarded.
If the complaint is not complete, then the secretary of state
				  shall return it to the complainant with a written explanation of how it is
				  incomplete.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 1 - GENERAL PROVISIONS › Section R. 440.101 - Duties and responsibilities of filing officer

Current through Vol. 24-12, July 15, 2024
Rule 101. The duties and responsibilities of the filing
					 officer with respect to the administration of the UCC are ministerial. In
					 accepting for filing or refusing to file a financing statement pursuant to
					 these rules, the filing officer does none of the following:
(a) Determine the legal sufficiency or
				  insufficiency of a record.
(b)
				  Determine that a security interest in collateral exists or does not
				  exist.
(c) Determine that
				  information in the record is correct or incorrect, in whole or in
				  part.
(d) Create a presumption that
				  information in the record is correct or incorrect, in whole or in
				  part.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 1 - GENERAL PROVISIONS › Section R. 440.102 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 102.
(1) As
				  used in these rules:
(a) "Amendment" as
				  described in section 9512 of the UCC, MCL
				  440.9512, includes assignments,
				  continuations, and terminations.
(b) "Assignment" means 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.
(c) "File number" means the unique
				  identification number assigned to an initial financing statement by the filing
				  officer t o i d e n t i f y the initial financing statement and permanently
				  associate the initial financing statement with all financing statements related
				  to it in the UCC information management system. The filing number bears no
				  relation to the time of filing and is not an indicator of priority.
(d) "Filing office" and "filing officer" mean
				  the UCC section of the office of secretary of state or its successor.
(e) "Individual" means a human being, or a
				  decedent in the case of a debtor that is the decedent"s estate.
(f) "Information statement" means a record
				  that indicates, under section 9518 of the UCC, MCL
				  440.9518, that a financing
				  statement is inaccurate or wrongfully filed.
(g) "Initial financing statement" means a
				  financing statement containing the information required by section 9502 of the
				  UCC, MCL 440.9502, which, when filed,
				  creates the initial record in the UCC information management system.
(h) "Remitter" means a person that tenders a
				  financing statement to the filing officer for filing, whether the person is a
				  filer or an agent of a filer responsible for tendering the record for filing.
				  Remitter does not include a person responsible merely for the delivery of the
				  financing statement 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.
(i) "UCC" means the uniform commercial code,
				  1962 PA 174, MCL
				  440.1101 to
				  440.9994.
(j) "UCC information management system" means
				  the information management system used by the filing officer to store, index,
				  and retrieve information relating to financing statements.
(k) "Unique identification number" or
				  "identification number" means a number that includes the year of filing
				  expressed as the first 4 digits of a unique number assigned to the financing
				  statement by the filing office and a 1-digit verification number, referred to
				  as a check digit, assigned by the filing office, but mathematically derived
				  from other numbers in the unique number.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 1 - GENERAL PROVISIONS › Section R. 440.103 - Financing statement delivery

Current through Vol. 24-12, July 15, 2024
Rule 103. Financing statements may be tendered for filing
					 at the office as follows:
(a) By
				  courier delivery at the filing office"s street address.
(b) By postal service delivery to the filing
				  office"s mailing address.
(c) By
				  electronic transmission to the filing office in a manner prescribed by the
				  filing officer using a standard approved by the international association of
				  commercial administrators and adopted by the filing office.
(d) By direct online or web page data entry
				  transmission to the filing office in a manner prescribed by the filing
				  officer.
(e) By email delivery to
				  the filing office's email address.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 1 - GENERAL PROVISIONS › Section R. 440.106 - Methods of payment

Current through Vol. 24-12, July 15, 2024
Rule 106. Filing fees and fees for public records services
					 may be paid by the following methods:
(a) Cash.
(b) Checks. Personal checks, cashier"s
				  checks, and money orders must be made payable to the "State of
				  Michigan".
(c) Billing
				  account.
(d) The filing office
				  shall accept payment via electronic funds transfer under national automated
				  clearing house association (NACHA) rules from remitters that have entered into
				  appropriate NACHA-approved arrangements for the transfers and t h a t authorize
				  the relevant transfer pursuant to such arrangements and rules.
(e) Debit and credit card. The filing office
				  shall accept payment via Visa, Mastercard, Discover, and American Express
				  credit and debit cards.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 1 - GENERAL PROVISIONS › Section R. 440.107 - New practices and technologies

Current through Vol. 24-12, July 15, 2024
Rule 107. 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, and other technologies, and, without
					 limiting the foregoing, to maintain and operate, in addition to or in place of
					 a paper-based system, a non-paper-based article 9 filing system utilizing any
					 available technology.
In developing and utilizing technologies and practices, the
					 filing officer shall, to the greatest extent feasible, take into account
					 compatibility and consistency with, and whenever possible uniformity with,
					 technologies, practices, policies, and rules adopted in connection with article
					 9 filing systems in other states.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section R. 440.201 - Duty to file

Current through Vol. 24-12, July 15, 2024
Rule 201. If there is no ground to refuse acceptance of the
					 document under sections 9516(2) or 9520(5) of the UCC, MCL
					 440.9516 and
					 440.9520, then a financing
					 statement is filed on its receipt by the filing officer with the filing fee and
					 the filing officer shall promptly assign a file number to the financing
					 statement and index it in the information management system.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section R. 440.203 - Grounds not warranting refusal

Current through Vol. 24-12, July 15, 2024
R 203.
(1) The
				  only grounds for the filing officer's refusal to accept a financing statement
				  for filing are enumerated in sections 9516(2) and 9520(5) of the UCC, MCL
				  440.9516 and
				  440.9520.
(2) The following are examples of defects
				  that do not constitute grounds for refusal to accept a document:
(a) The financing statement contains or
				  appears to contain a misspelling or other apparently erroneous
				  information.
(b) The financing
				  statement appears to identify a debtor incorrectly.
(c) The financing statement appears to
				  identify a secured party or a secured party of record incorrectly.
(d) The financing statement contains
				  additional or extraneous information of any kind.
(e) The financing statement does not contain
				  all the information required by article 9 of the UCC, MCL
				  440.9101 to
				  440.9994, if the document
				  contains the information required in section 9516(2) of the UCC, MCL
				  440.9516.
(f) The financing statement incorrectly
				  identifies collateral, contains an illegible or unintelligible description of
				  collateral, or does not appear to contain a description of collateral.
(g) The document is accompanied by
				  money in excess of the full filing fee.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section R. 440.204 - Procedure on refusal

Current through Vol. 24-12, July 15, 2024
R 204. If the filing officer finds grounds under sections
					 9516(2) or 9520(5) of the UCC, MCL
					 440.9516 and
					 440.9520, to refuse acceptance of
					 a financing statement, the filing officer shall return the document, if
					 written, to the remitter and refund the filing fee on request. The filing
					 officer shall send a notice that contains the date and time the document would
					 have been filed had it been accepted for filing, unless the date and time are
					 stamped on the document, and a brief description of the reason for refusal to
					 accept the document under sections 9516(2) or 9520(5) of the UCC, MCL
					 440.9516 and
					 440.9520. The notice must be sent
					 to a secured party or the remitter, as provided in
					 R 440.402(3), not
					 later than the second business day after the filing office receives the
					 document. The refund may be delivered with the notice or under separate
					 cover.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section R. 440.205 - Acknowledgment

Current through Vol. 24-12, July 15, 2024
Rule 205. Upon the request of a filer or remitter who files
					 a written financing statement, the filing officer shall send to the filer or
					 remitter an image of the record of the financing statement showing the file
					 number or identification number assigned to it and the date and time of filing.
					 For a financing statement not filed in written form, the filing officer shall
					 communicate to the filer or remitter the information in the filed document, the
					 file number or identification number, and the date and time of
					 filing.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section R. 440.206 - Responsibility for legal effectiveness

Current through Vol. 24-12, July 15, 2024
Rule 206. The responsibility for the legal effectiveness of
					 filing rests with filers and remitters and the filing office bears no
					 responsibility for legal effectiveness.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section R. 440.207 - Refusal errors

Current through Vol. 24-12, July 15, 2024
Rule 207. If a secured party or a remitter demonstrates to
					 the satisfaction of the filing officer that a financing statement that was
					 refused for filing should not have been refused under sections 9516(2) or
					 9520(5) of the UCC, MCL
					 440.9516 and
					 440.9520, the filing officer
					 shall file the financing statement as provided in these rules, reflecting a
					 filing date and time when filing should have occurred. The filing officer shall
					 also file a filing officer statement stating that the effective date and time
					 of filing is the date and time the financing statement was originally tendered
					 for filing, and set forth the date and time.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section R. 440.301 - Primary data elements

Current through Vol. 24-12, July 15, 2024
Rule 301.
(1) The
				  primary data elements used in the UCC information management system are the
				  following:
(a) Identification number, as
				  follows:
(i) Each initial financing statement
				  is identified by its file number as described in
				  R
				  440.102(1)(d).
(ii) A financing statement other than an
				  initial financing statement is identified by a unique identification number
				  assigned by the filing officer.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section R. 440.302 - Names of individuals

Current through Vol. 24-12, July 15, 2024
Rule 302. The following provisions apply to the name of an
					 individual who, or whose estate, is a debtor or a secured party on a financing
					 statement:
(a) Separate data entry
				  fields are established for first personal name, additional name or names or
				  initial or initials, and surnames of individuals. The filing officer assumes no
				  responsibility for the accurate designation of the names, but shall accurately
				  enter the data in accordance with the filer's designations, as required by
				  R
				  440.407(2)(b).
(b) Titles and prefixes, such as "doctor,"
				  "reverend," "Mr.," and "Ms.," should not be provided by filers in financing
				  statements. However, as provided in
				  R 440.407, if a financing statement
				  is submitted with designated name fields, the data must be entered in the UCC
				  information management system exactly as it appears.
(c) Titles and suffixes 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 financing statements. However, as provided
				  in R 440.407, i f a financing statement
				  is submitted with designated name fields, the data must be entered in the UCC
				  information management system exactly as it appears.
(d) Suffixes that indicate which individual
				  is being named, such as "senior," "junior," "I," "II," and "III," are
				  appropriate and must be entered exactly as it appears into the UCC information
				  management system in a field designated for name suffixes.
(e) Name fields for individuals in the UCC
				  information management system are fixed in length. Although filers shall
				  continue to provide full names of individuals on their financing statements, a
				  name that exceeds the fixed length of a name field is entered as presented to
				  the filing officer, up to the maximum length of the field. The maximum lengths
				  of name fields are as follows:
(i) First
				  personal name: 50 characters.
(ii)
				  Additional name or names or initial or initials: 50 characters.
(iii) Surname: 50 characters.
(iv) Suffix: 2 characters.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section R. 440.303 - Names of organizations

Current through Vol. 24-12, July 15, 2024
Rule 303. Both of the following provisions apply to the
					 name of an organization that is a debtor or a secured party on a financing
					 statement:
(a) A single field is used
				  to store an organization name.
(b)
				  The organization name field in the UCC information management system is fixed
				  in length. The maximum length is 255 characters. Although filers shall continue
				  to provide full names of organizations on their financing statements, a name
				  that exceeds the fixed length is entered as presented to the filing officer, up
				  to the maximum length of the field.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section R. 440.304 - Estates

Current through Vol. 24-12, July 15, 2024
Rule 304. Although estates are not human beings, the names
					 of estates are entered into the UCC information management system, as specified
					 in
					 R
					 440.302, as if the decedents were the
					 debtors.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section R. 440.305 - Trusts

Current through Vol. 24-12, July 15, 2024
Rule 305.
(1) If
				  the trust is named in its organic documents, its full legal name, as set forth
				  in the documents, is entered in the UCC information management system as an
				  organization under
				  R
				  440.303.
(2) If the trust is not named in its organic
				  documents, then the name of the settlor is used as the trust name and entered
				  into the UCC information management system in the following manner:
(a) If the settlor is indicated to be an
				  organization, then the name is entered as an organization name under
				  R
				  440.303.
(b) If the settlor is indicated to be an
				  individual, then the name is entered as an individual name under
				  R
				  440.302.
Michigan Administrative Code › Department - State › Office of Customer Services › Uniform Commercial Code Filing Office › Part 3 - UCC INFORMATION MANAGEMENT SYSTEM › Section R. 440.306 - Initial financing statement

Current through Vol. 24-12, July 15, 2024
Rule 306. 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) Each secured
				  party named on an initial financing statement shall be a secured party of
				  record, except that if the initial financing statement names an assignee, then
				  the secured party/assignor shall not be a secured party of record and the
				  secured party/assignee shall be a secured party of record.
(b) The status of a debtor named on the
				  initial financing statement shall be active and shall continue as active until
				  1 year after the financing statement lapses.
(c) The status of the financing statement
				  shall be active. A lapse date shall be calculated 5 years from the filing date,
				  unless the initial financing statement indicates that it is filed with respect
				  to a manufactured home transaction, in which case the lapse date shall be 30
				  years from the filing date, or if the initial financing statement indicates
				  that it is filed against a transmitting utility, then there shall be no lapse
				  date. A financing statement remains active until 1 year after it lapses, or, if
				  it is indicated to be filed against a transmitting utility, until 1 year after
				  it is terminated with respect to all secured parties of record.