reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 9 - HOME INSPECTORS › Section 433-9-001

Current through June 17, 2024
The forms for a home inspector's Initial Registration or
				  Registration Renewal will be available from the Secretary of State's Office.
				  The registration fees for the applications are:
* Initial Registration:
$300
* Registration Renewal:
$150
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 9 - HOME INSPECTORS › Section 433-9-002 - Expiration and Renewal of Registration

Current through June 17, 2024
002.01
				Registrations for home inspectors will expire on March
				31st of every even-numbered year.
002.02 Registered home inspectors may renew
				their registration by filing a Registration Renewal application beginning
				thirty (30) days prior to the expiration of their current
				registration.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 9 - HOME INSPECTORS › Section 433-9-003 - Registrations Are Nontransferable

Current through June 17, 2024
003.01 A home
				inspector's registration will be cancelled upon any of the following:
003.01(a) The legal entity that the home
				inspector transacts business under in this state is sold, purchased,
				transferred, converted, or otherwise put under new ownership or
				management.
003.01(b) The home
				inspector converts from an individual to a business entity, converts from an
				entity to an individual, or converts to a different business entity
				type.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 434 - ELECTRONIC FILING OF BUSINESS ENTITY DOCUMENTS › Chapter 1 - Definitions › Section 434-1-001

Current through June 17, 2024
For purposes of this title, and unless the context expressly
				  indicates otherwise:
01.
				Document(s
)
means the document(s) which are required or permitted
				to be filed in the Office of the Secretary of State by the Business Corporation
				Act, the Nebraska Benefit Corporation Act, the Nebraska Uniform Limited
				Liability Company Act, the Nebraska Limited Cooperative Association Act, the
				Nebraska Nonprofit Corporation Act, the Nebraska Professional Corporation Act,
				the Nebraska Uniform Limited Partnership Act, the Nonstock Cooperative
				Marketing Act, the Uniform Partnership Act of 1998, and the Trademark
				Registration Act and (2) any filing provisions of sections
				21-1301
				to
				21-1306,
				21-1333
				to
				21-1339,
				and
				87-208
				to
				87-219.01.
02. Electronic Filing means the transmission
				of documents to the Secretary of State, and from the Secretary of State,
				through the Secretary of State-authorized service provider.
03. Electronic Filing System means the system
				approved by the Secretary of State for filing documents via the Internet
				through the Secretary of State-authorized service provider.
04. Filer means the person who delivers the
				document(s) to the Secretary of State for filing using the Electronic Filing
				System.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 434 - ELECTRONIC FILING OF BUSINESS ENTITY DOCUMENTS › Chapter 3 - Filing Requirements › Section 434-3-01

Current through June 17, 2024
All statutory filing requirements shall apply to
				  electronically filed documents except that the electronic filing of a document
				  from which printed copies can be made shall be deemed compliant with filing
				  requirements to supply an exact or conformed copy of the document.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 434 - ELECTRONIC FILING OF BUSINESS ENTITY DOCUMENTS › Chapter 3 - Filing Requirements › Section 434-3-02

Current through June 17, 2024
Documents transmitted to the Secretary of State through the
				  Electronic Filing System must be in the same form as prescribed by the
				  Secretary of State for paper filings under the appropriate act and must be
				  converted to a Portable Document Format (PDF).
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 434 - ELECTRONIC FILING OF BUSINESS ENTITY DOCUMENTS › Chapter 4 - Time of Filing › Section 434-4-02

Current through June 17, 2024
The Secretary of State may use the Electronic Filing System
				  to distribute the acknowledgment of receipt of the filing fee and to make the
				  file stamped copy of the document available for filers or to distribute his or
				  her reason for refusing to file the document.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 434 - ELECTRONIC FILING OF BUSINESS ENTITY DOCUMENTS › Chapter 5 - Transmission Problems › Section 434-5-03

Current through June 17, 2024
A copy of an electronically filed document shall be
				  maintained by the filer either in paper from or in electronic form for a period
				  of 1 year. The filer shall make a copy of an electronically filed document
				  available for inspection by the Secretary of State upon request.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 1 - General Provisions › Section 436-1-103 - Forms

Current through June 17, 2024
Forms prescribed by U.C.C. §
									9-521 are accepted by the Filing
				  office. Paper based forms approved by the International Association of
				  Commercial Administrators from time to time and forms otherwise approved by the
				  Filing office from time to time will be accepted. A list of forms approved by
				  the Filing office will be made available on request and on the Filing office's
				  website.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 1 - General Provisions › Section 436-1-105 - Methods of payment

Current through June 17, 2024
Filing fees and fees for public records services may be paid
				  by the following methods.
105.1 Cash.
				Payment in cash will be accepted if paid in person at the Filing
				office.
105.2 Checks. Personal
				checks, cashier's checks and money orders made payable to the Filing office
				will be accepted for payment provided that the drawer (or the issuer in the
				case of the cashier's check or money order) is deemed creditworthy by the
				Filing office in its discretion. Checks may be made payable in an amount to be
				filled in by the Filing office if the Filing office is clearly authorized to
				fill in the amount. (Exception: If previous checks were returned unpaid, future
				payments from the same party must be made by cashier's check, certified check,
				or money order.)
105.3 Prepaid
				account. A Remitter may open a prepaid account by submitting an application
				prescribed by the filing office and prepaying an amount not less than $100. The
				filing office will issue an account number to be used by a Remitter who chooses
				to pay filing fees by this method. The filing office will deduct filing fees
				from the Remitter's prepaid account as authorized to do so by the
				Remitter.
105.4 Debit and credit
				cards. The filing office will accept payment by debit cards and credit cards of
				types approved by the filing office. Remitters will provide the filing office
				with the card number, the expiration date of the card, the name of the card
				issuer, the name of the person or entity to whom the card was issued and the
				billing address for the card. Payment will not be deemed tendered until the
				issuer or its agent has confirmed payment.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 1 - General Provisions › Section 436-1-106 - Overpayment and underpayment policies

Current through June 17, 2024
106.1
				Overpayment. The Filing officer will apply the amount of an overpayment to the
				Remitter's account to be used in future filings. The filing officer will refund
				an overpayment upon the written request of the remitter.
106.2 Underpayment. Upon receipt of a filing
				with an insufficient fee, the Filing office will return the UCC record to the
				Remitter as provided in rule 203. Any payment remitted with the filing will be
				applied to the Remitter's account to be used in future filings. The Filing
				officer will refund the underpayment upon the written request of the
				remitter.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 1 - General Provisions › Section 436-1-107 - Public records services

Current through June 17, 2024
Public records services are provided on a non-discriminatory
				  basis to any member of the public. Copies of individual UCC records, bulk
				  copies of records and data elements from the Filing offices UCC information
				  management system are made available in such forms, at such times and for such
				  fees as the Filing office may prescribe from time to time.
107.1 Online Search request procedures.
				Interested parties may apply for on-line access to request searches by
				contacting the Filing office's e-filing provider. The provider will establish
				account number(s) and password(s). Searching guidelines are available on the
				Filing office's website.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 1 - General Provisions › Section 436-1-108 - Fees for public records services

Current through June 17, 2024
Fees for public records services (other than those
				  established under Rule 104) are established by U.C.C. §
									9-528(d), Neb.
				  Rev. Stat. § 33101, U.C.C. §
									9-523, and by the Filing office
				  from time to time and are available upon request.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 2 - Acceptance and Refusal of Records. › Section 436-2-200 - Role of Filing office

Current through June 17, 2024
Unless otherwise expressly provided for by statute, the
				  duties and responsibilities of the Filing office with respect to the
				  administration of the UCC are ministerial. In accepting for filing or refusing
				  to file a UCC record pursuant to these rules, the Filing office does none of
				  the following:
200.1 Determine the
				legal sufficiency or insufficiency of the UCC record.
200.2 Determine that information in the UCC
				record is correct or incorrect, in whole or in part.
200.3 Create a presumption that information
				in the UCC record is correct or incorrect, in whole or in part.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 2 - Acceptance and Refusal of Records. › Section 436-2-201 - Time for filing a continuation statement

Current through June 17, 2024
201.1
				First day permitted. The first day on which a continuation statement may be
				filed is the date of the month corresponding to the date upon which the related
				financing statement would lapse, six months preceding the month in which the
				financing statement would lapse. If there is no such corresponding date, the
				first day on which a continuation may be filed is the last day of the sixth
				month preceding the month in which the financing statement would lapse. The
				foregoing rule is subject to the ability of the Filing office to take delivery
				of the continuation statement as tendered and to Rule 101.
201.2 Last day permitted. The last day on
				which a continuation may be filed is the date upon which the financing
				statement lapses. The foregoing rule is subject to the ability of the Filing
				office to take delivery of the continuation statement as tendered and to Rule
				101. Accordingly, the time of filing of the continuation statement under Rule
				101 must be on or prior to such last day.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 2 - Acceptance and Refusal of Records. › Section 436-2-202 - Grounds for refusal

Current through June 17, 2024
In addition to refusing a record for any reason, or multiple
				  reasons, as set forth in U.C.C §
									9-516, a Filing office will refuse
				  to accept a UCC record that does not provide an address that meets the minimum
				  requirement, as set forth in these Filing office rules (See "Address" under
				  Rule 100.1)
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 2 - Acceptance and Refusal of Records. › Section 436-2-203 - Procedure upon refusal

Current through June 17, 2024
If the Filing office finds grounds to refuse a UCC record,
				  the Filing office will return the filing fee. Communication of the refusal, the
				  reason(s) for the refusal and other related information will be made to the
				  Remitter as soon as practicable and in any event within two business days after
				  the refused UCC record was received by the Filing office, by the same means as
				  the means by which such UCC record was delivered to the Filing office, or by
				  mail or such more expeditious means as the Filing office will determine.
				  Records of refusal, including a copy of the refused UCC record and the
				  ground(s) for refusal, will be maintained until the first anniversary of the
				  lapse date that applies or would have applied to the related financing
				  statement, assuming that the refused record had been accepted and
				  filed.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 2 - Acceptance and Refusal of Records. › Section 436-2-204 - Refusal errors

Current through June 17, 2024
If a secured party or a Remitter demonstrates to the
				  satisfaction of the Filing office that a UCC record that was refused for filing
				  should not have been refused under Rule 202, the Filing office will file the
				  UCC record with the filing date and time the UCC record was originally tendered
				  for filing. A Filing office statement record relating to the relevant initial
				  financing statement will be placed in the UCC information management system on
				  the date the corrective action was taken. A Filing office statement will
				  provide the date of the correction and explain the nature of the corrective
				  action taken. The record will be preserved for so long as the record of the
				  initial financing statement is preserved in the UCC information management
				  system.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 2 - Acceptance and Refusal of Records. › Section 436-2-205 - Notification of defects

Current through June 17, 2024
Nothing in these rules prevents a Filing office from
				  communicating to a filer or a Remitter that the Filing office noticed apparent
				  potential defects in a UCC record, whether or not it was filed or refused for
				  filing. However, the Filing office is under no obligation to do so and may not,
				  in fact, have the resources to do so or to identify such defects. The
				  responsibility for the legal effectiveness of filing rests with filers and
				  Remitters and the Filing office bears no responsibility for such
				  effectiveness.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-300 - General

Current through June 17, 2024
The Filing office uses the UCC information management system
				  to store, index, and retrieve information relating to financing statements. The
				  UCC information management system includes the searchable indexes. The rules in
				  this section describe the UCC information management system.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-301 - Primary data elements

Current through June 17, 2024
The primary data elements used in the UCC information
				  management system are the following:
301.1 Identification numbers.
301.1.1 Each initial financing statement is
				identified by its file number. Identification of the initial financing
				statement is noted by a label affixed to written UCC records or otherwise
				permanently associated with the record maintained for UCC records in the UCC
				information management system. A record is created in the UCC information
				management system for each initial financing statement and all information
				comprising such record is maintained in such system. The record is identified
				by the same information assigned to the initial financing statement.
301.1.2 A UCC record other than an initial
				financing statement is identified by a unique file number assigned by the
				Filing office. In the UCC information management system, records of all UCC
				records other than initial financing statements are linked to the record of
				their related initial financing statement.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-302 - Individual debtor names

Current through June 17, 2024
For purposes of these rules, an "individual debtor name" is
				  any name provided as a debtor name in a UCC record in a format that identifies
				  the name as that of a debtor who is an individual, without regard to the nature
				  or character of the name or to the nature or character of the actual
				  debtor.
302.1 Individual name fields.
				Individual debtor names are stored in data fields that include only the
				individual debtor names, and not organization debtor names. Separate data entry
				fields are established for surnames (last or family names), first personal
				names (given), and additional name(s)/initial(s) of individuals. The name of a
				debtor with a single name (e.g. "Cher") is treated as a surname and will be
				entered in the individual's surname field. The Filing office assumes no
				responsibility for the accurate designation of the components of a name but
				will accurately enter the data in accordance with the filer's
				designations.
302.2 Titles,
				prefixes and suffixes. Titles, prefixes (e.g. "Ms") and suffixes or indications
				of status (e.g. "M.D.") are not typically part of an individual debtor's name.
				Suffixes used to distinguish between family members with identical names (e.g.
				"Jr") should be provided in the Suffix field. However, when entering a "name"
				into the UCC information management system, the data will be entered exactly as
				they appear.
302.3 Extended debtor
				name field. The Financing Statement form has limited space for individual
				debtor names. If any portion of the individual debtor name is too long for the
				corresponding field, the filer is instructed to check the box that indicates
				the name was too long and enter the name in item 10 of the Addendum Form
				UCC1AD. A Filing office will not refuse to accept a Financing Statement that
				lacks debtor information in item 1 and/or item 2 if the record includes an
				Addendum that provides a debtor name in item 10.
302.4 Truncation - individual names. Personal
				name fields in the UCC information management system are fixed in length.
				Although filers should continue to provide full names on their UCC records, a
				name that exceeds the fixed length is entered as presented to the Filing
				office, up to the maximum length of the data entry field. The length of data
				entry name fields are as follows:
302.4.1
				First personal name: 40 characters.
302.4.2 Additional name(s)/initial(s): 20
				characters.
302.4.3 Surname: 70
				characters.
302.4.4 Suffix: 20
				characters.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-303 - Organization debtor names

Current through June 17, 2024
For purposes of these rules, an "organization debtor name" is
				  any name provided as a debtor name in a UCC record in a format that identifies
				  the name as that of a debtor who is an organization, without regard to the
				  nature or character of the name or to the nature or character of the actual
				  debtor.
303.1 Single field.
				Organization debtor names are stored in files that include only organization
				debtor names and not individual debtor names. A single field is used to store
				an organization debtor name.
303.2
				Truncation - organization names. The organization debtor name field in the UCC
				information management system is fixed in length. The maximum length is 300
				characters. Although filers should continue to provide full names on their UCC
				records, a name that exceeds the fixed length is entered as presented to the
				Filing office, up to the maximum length of the organization debtor name
				field.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-304 - Collateral being administered by a Decedent's Personal Representative

Current through June 17, 2024
The debtor name to be provided on a financing statement when
				  the collateral is being administered by a decedent's personal representative is
				  the name of the relevant decedent. In order for the UCC information management
				  system to function in accordance with the usual expectations of filers and
				  searchers, the filer should provide the debtor name as an individual debtor
				  name. However, the Filing office will enter data submitted by a filer in the
				  fields designated by the filer exactly as it appears in such
				  fields.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-305 - Collateral held in a Trust

Current through June 17, 2024
The debtor name to be provided when collateral is held in a
				  trust that is not a registered organization is the name of the trust as set
				  forth in its organic record(s), if the trust has such a name or, if the trust
				  is not so named, the name of the trust's settlor or testator. In order for the
				  UCC information management system to function in accordance with the usual
				  expectations of filers and searchers, the name of a trust or of a settlor or
				  testator that is an organization should be provided as an organization debtor
				  name, and the name of the settler who is an individual should be provided as an
				  individual debtor name, in each case without regard to the nature or character
				  of the debtor. Notwithstanding the foregoing, the Filing office will enter data
				  submitted by a filer in the fields designated by the filer exactly as it
				  appears in such fields.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-306 - Initial financing statement

Current through June 17, 2024
Upon the filing of an initial financing statement the status
				  of the parties and the status of the financing statement will be as
				  follows.
306.1 Status of secured
				party. Each secured party named on an initial financing statement will be a
				secured party of record, except that if the UCC record names an assignee, the
				secured party/assignor will not be a secured party of record and the secured
				party/assignee will be a secured party of record.
306.2 Status of debtor. Each debtor name
				provided by the initial financing statement will be indexed in the UCC
				information management system and will remain on the record until removed in
				accordance with UCC §
									9-519(g)
306.3 Status of financing
				statement. The financing statement will be stored and indexed in the searchable
				index within the UCC information management system. A lapse date will be
				calculated, five years from the file date, unless (i) the initial financing
				statement indicates as provided in rule 101.8 that it is filed with respect to
				a public-financing transaction or a manufactured-home transaction, in which
				case the lapse date will be thirty years from the file date, or (ii) if the
				initial financing statement indicates as provided in rule 101.8 that it is
				filed against a transmitting utility, in which case there will be no lapse
				date. The lapse date for a financing statement filed on February 29 will be the
				March 1 in the fifth year following the year of the filing date.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-307 - Amendments generally

Current through June 17, 2024
Upon the filing of an amendment the status of the parties
				  will be unchanged, except that in the case of an amendment that adds a debtor
				  or a secured party, the new debtor or secured party will be added to
				  appropriate index and associated with the record of the financing statement in
				  the UCC information management system, and an amendment that designates an
				  assignee will cause the assignee to be added as a secured party of record with
				  respect to the affected financing statement in the UCC information management
				  system. Notwithstanding the filing of an amendment that deletes a debtor or a
				  secured party from a financing statement, no debtor or secured party of record
				  is deleted from the UCC information management system. A deleted secured party
				  will still be treated by the Filing office as a secured party of record as the
				  Filing office cannot verify the effectiveness of an amendment. Except in the
				  case of a continuation statement, the filing of an amendment does not affect
				  the status of the financing statement.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-308 - Continuation statement

Current through June 17, 2024
308.1 Continuation
				of lapse date. Upon the timely filing of one or more continuation statements by
				any secured party(ies) of record, the lapse date of the financing statement
				will be postponed for five years. The lapse date is postponed once
				notwithstanding the fact that more than one continuation statement is filed
				within a given 6-month period prior to a lapse date. Notwithstanding the
				immediate postponement of the lapse date with respect to one or more secured
				parties of record who file timely a continuation statement within a given
				6-month period prior to a lapse date, such lapse date remains effective solely
				for purposes of determining whether or not a subsequent continuation statement
				filed in the same 6-month period is timely.
308.2 Status. The filing of a continuation
				statement will have no effect upon the status of any party to the financing
				statement or upon the status of the financing statement.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-309 - Termination

Current through June 17, 2024
The filing of a termination statement will have no effect
				  upon the status of any party to the financing statement or upon the status of
				  the financing statement.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-310 - Information statement

Current through June 17, 2024
The filing of an information statement will have no effect
				  upon the status of any party to the financing statement, the status of the
				  financing statement or to the information maintained in the UCC information
				  management system.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-311 - Filing office statement

Current through June 17, 2024
A Filing office statement affects the status of parties and
				  of the relevant financing statement as provided in the corrective action
				  described as having been taken in the Filing office
				  statement.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-312 - Procedure upon lapse

Current through June 17, 2024
If there is no timely filing of a continuation with respect
				  to a financing statement, the financing statement lapses on its lapse date but
				  no action is then taken by the Filing office.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-313 - Removal of record

Current through June 17, 2024
A financing statement will remain in the searchable index
				  within the UCC information management system until at least one year after it
				  lapses. On or after the first anniversary of such lapse, the Filing office and
				  all related UCC records may be removed from the Searchable indexes or from the
				  UCC information management system.
313.1 Transmitting Utilities. A financing
				statement that indicates a debtor is a transmitting utility will remain in the
				searchable index within the UCC information management system until at least
				one year after it is terminated with respect to all secured parties of record.
				On or after the first anniversary of the termination date of the last remaining
				secured party of record, the financing statement may be removed from its
				searchable index or from the UCC information management system.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 3 - UCC Information Management System › Section 436-3-314 - Archives-general

Current through June 17, 2024
UCC records removed from the UCC information management
				  system will be maintained as provided in the Records Retention Schedule 34-15
				  Secretary of State Business Services.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 4 - Filing and Data Entry Procedures › Section 436-4-400 - Errors of the Filing office

Current through June 17, 2024
The Filing office may correct the data entry and indexing
				  errors of Filing office personnel in the UCC information management system at
				  any time. If the correction is made to a record of a financing statement, the
				  Filing office will associate with the record of the financing statement in the
				  UCC information management system a Filing office statement on the date that
				  the corrective action was taken providing the date and an explanation of the
				  correction.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 4 - Filing and Data Entry Procedures › Section 436-4-401 - Data entry

Current through June 17, 2024
Data is entered into the UCC information management system
				  exactly as provided in a UCC record, without regard to apparent errors. Data
				  provided in electronic form is transferred to the information management system
				  exactly as submitted by the Remitter. The filing office will reject a filing
				  containing characters not in the US ASCII character set.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 4 - Filing and Data Entry Procedures › Section 436-4-402 - Verification of data entry

Current through June 17, 2024
The Filing office will verify accuracy of the data from UCC
				  records entered in accordance with Rule 401 into the UCC information management
				  system. Data entry performed by Remitters with respect to electronically filed
				  UCC records is the responsibility of the Remitter and is not verified by the
				  Filing office.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 4 - Filing and Data Entry Procedures › Section 436-4-403 - Notice of bankruptcy

Current through June 17, 2024
The Filing office takes no action upon receipt of a
				  notification, formal or informal, of a bankruptcy proceeding involving a debtor
				  named in the UCC information management system.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 4 - Filing and Data Entry Procedures › Section 436-4-404 - Redaction of certain information

Current through June 17, 2024
The Filing office may be obliged to redact certain
				  information from the information it provides to searchers and bulk data
				  purchasers in accordance with applicable privacy and identity theft protection
				  laws. Such information should not be included in UCC records and will be
				  redacted in accordance with such laws.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 5 - Search Requests and Reports › Section 436-5-500 - General requirements

Current through June 17, 2024
The Filing office maintains records for public inspection in
				  a searchable index within the UCC information management system. Records will
				  be retrievable by the name of the debtor or by the file number of the related
				  initial financing statement, and each Active Record related to an initial
				  financing statement is retrieved with the initial financing statement using
				  either retrieval method.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 5 - Search Requests and Reports › Section 436-5-501 - Search requests - required information

Current through June 17, 2024
Search requests will contain the following:
501.1 Name searched. A search request must
				set forth the name of the debtor to be searched using designated fields for
				organization name or individual surname, first personal name, and additional
				name(s)/initial(s). A search request will be processed using the data and
				designated fields exactly as submitted, including the submission of no data in
				a given field, without regard to the nature or character of the debtor that is
				the subject of the search.
501.2
				Requesting party. The name and address of the person to whom the search report
				is to be sent.
501.3 Fee. The
				appropriate fee will be tendered by a method described in Rule 105.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 5 - Search Requests and Reports › Section 436-5-502 - Search Requests - Optional information

Current through June 17, 2024
Search requests may include the following:
502.1 Copies. The request may limit the
				copies of UCC records that would normally be provided with a search report by
				requesting that no copies be provided or that copies be limited to those UCC
				records that:
502.1.1 include a particular
				debtor address;
502.1.2 include a
				particular city in the debtor address;
502.1.3 were filed on a particular date or
				within a particular range of dates; or
502.1.4 include a particular secured party
				name.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 5 - Search Requests and Reports › Section 436-5-504 - Changes in standard search logic

Current through June 17, 2024
If the Filing office changes its standard search logic or the
				  implementation of its standard search logic in a manner that could alter search
				  results, the Filing office will provide public notice of such
				  change.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 5 - Search Requests and Reports › Section 436-5-505 - Search responses

Current through June 17, 2024
Responses to a search request will include the
				  following:
505.1 Copies. Copies of all
				UCC records retrieved by the search unless only limited copies are requested by
				the searcher. Copies will reflect any redaction of personal identifying
				information required by law.
505.2
				Introductory information. A Filing office will include the following
				information with a UCC search response:
505.2.1 Filing office identification.
				Identification of the Filing office providing the search response.
505.2.2 Unique search report identification
				number. Unique number which identifies the search report.
505.2.3 Report date and time. The date and
				time the report was generated.
505.2.4 Through date and time. The date and
				time at or prior to which a UCC record must have been filed with the Filing
				office in order for it to be reflected on the search.
505.2.5 Certification language. The following
				certification language will be included when a certified search is requested:
				The undersigned Filing office hereby certifies that attached is a summary of
				all UCC records, Federal and State tax liens, Judgment liens, and Statutory
				Agricultural liens maintained by the Filing office as of the date and time
				indicated on the search for the debtor name provided.
The state seal will be included on the certification.
505.2.6 Scope of search
				All/Unlapsed
505.2.7 Search logic
				used. See rule 503.1.
505.2.8 Name
				provided. Name as provided by searcher.
505.2.9 Search string. Name as searched after
				application of Rule 503.
505.2.10
				Lien type searched. UCC, Federal and State tax liens, Judgment liens, Statutory
				Agricultural Lien
505.2.11 Copies.
				Copies of all UCC records revealed by the search and requested by the
				searcher.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 6 - Other Notices of Liens › Section 436-6-600

Current through June 17, 2024
The purpose of rules in this section is to describe records
				  of liens maintained by the Filing office created pursuant to statutes other
				  than the UCC that are treated by the Filing office in a manner substantially
				  similar to UCC Records and are included upon request with the reports described
				  in rule 505.3.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 6 - Other Notices of Liens › Section 436-6-601 - Tax Liens

Current through June 17, 2024
601.1 Notice of
				Federal Tax Lien.
601.1.1 Duration. The
				federal tax lien continues until the liability for the amount assessed is
				satisfied or becomes unenforceable by reason of lapse of time, IRC §6322.
				Generally, after assessment, the Internal Revenue Service has ten years to
				collect the tax liability. IRC §6502. However, there are some
				circumstances which may extend or suspend the ten-year collection period.
				Quoted from Internal Revenue Service, Internal Revenue Manual 5.17.2.2.2
				(03-27-2012) chapter regarding Duration of the Federal Tax Lien.
601.1.2 Mechanics of search. See search logic
				described in rule 503.2.
601.1.3
				Fee for search. UCC searches include all Federal Tax lien listings in the
				database for the customary search fee provided in statute.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 6 - Other Notices of Liens › Section 436-6-602 - Statutory Agricultural Liens

Current through June 17, 2024
602.1 Treatment as
				UCC agricultural lien. A Statutory Agricultural Lien will be treated in all
				respects as an agricultural lien as provided in Article 9, Uniform Commercial
				Code and may be enforced in the matter and form provided for the enforcement of
				secured transactions as provided in Article 9, Uniform Commercial Code except
				as otherwise provided by law.
602.2
				Mechanics of filing. Statutory Agricultural Liens are filed in the same manner
				as an initial financing statement and may use all forms and formats of
				communication permitted to be used in connection with initial financing
				statements.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 6 - Other Notices of Liens › Section 436-6-603 - Farm Product Security Interests (EFS statements)

Current through June 17, 2024
603.1 Mechanics of filing. EFS (Effective
				Financing Statements) are filed in the Filing office.
603.1.1 Duration. The duration is 5 years
				from date of filing.
603.1.2
				Mechanics of search. See search logic described in rule 503.2.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Appendix A - Secretary of State Approved Filing and Search Forms

Current through June 17, 2024
Forms include the following, also found on the Secretary
				of State's website:
UCC Financing Statement (UCC1)
UCC Financing Statement Addendum (UCC1Ad)
UCC Financing Statement Additional Party (UCC1AP)
UCC Financing Statement Amendment or Change (UCC3)
UCC Financing Statement Amendment Addendum (UCC3Ad)
UCC Financing Statement Amendment Additional Party
				(UCC3AP)
UCC Information Statement (UCC5)
UCC Information Request (UCC11)
Universal Attachment for Statutory Agriculture Lien
Universal Attachment for Agricultural Production Input Lien
				(API)
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 1 - DEFINITIONS › Section 437-1-001

Current through June 17, 2024
For purposes of this title, and unless the context expressly
				  indicates otherwise:
001.01
				Digitally-signed communication
"Digitally-signed communication" is a message that has been
				  processed by a computer in such a manner that ties the message to the
				  individual that signed the message.
001.02 Message
"Message" means a digital representation of information
				  intended to serve as a written communication.
001.03 Person
"Person" means a human being or any organization capable of
				  signing a document, either legally or as a matter of fact.
001.04 Signer
"Signer" means the person who signs a digitally signed
				  communication with the use of an acceptable technology to uniquely link the
				  message with the person sending it.
001.05 Technology
"Technology" means the computer hardware and/or
				  software-based method or process used to create digital
				  signatures.
001.06 Digital
				Signatures Act or Nebraska Digital Signatures Act
"Digital Signatures Act" or "Nebraska Digital Signatures Act"
				  means Neb. Rev. Stat. §
										86-611.
001.07 NAC
"NAC" means Nebraska Administrative Code.
001.08 State agency means any agency, board,
				court, or constitutional officer of the executive, judicial, and legislative
				branches of state government, except individual members of the
				Legislature.
001.09 Political
				subdivision shall mean and include villages, cities of all classes, counties,
				school districts, public power districts, and all other units of local
				government, including entities created pursuant to the Interlocal Cooperation
				Act or Joint Public Agency Act.
001.10 Electronic filing shall mean the
				submission of any filing, application, form, or renewal with a state agency or
				political subdivision.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 2 - DIGITAL SIGNATURES MUST BE CREATED BY ACCEPTABLE TECHNOLOGY AND PRACTICES › Section 437-2-001

Current through June 17, 2024
For a digital signature to be valid for use under the
				  Nebraska Digital Signatures Act and NAC Title 437, it must be created by
				  technologies and practices that are accepted for use by the State of
				  Nebraska.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 2 - DIGITAL SIGNATURES MUST BE CREATED BY ACCEPTABLE TECHNOLOGY AND PRACTICES › Section 437-2-002

Current through June 17, 2024
Nothing in NAC Title 437 is intended to or shall be deemed to
				  invalidate or decrease the legal force and effect of any:
i. electronic mail message or file
				transmitted via any electronic means, including the internet, or physical file
				transfer, whether or not the such message includes a human-readable name
				purporting to identify the sender or author, even if such message has no
				signature of the type mentioned in Chapter 4 of this Title; or
ii. electronic mail message or file
				transmitted via any electronic means signed, endorsed, or otherwise validated
				pursuant to a pre-existing trade agreement between the parties; or
iii. digitally signed communication, or other
				message, a signature on which is valid under other applicable law.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 3 - CRITERIA TO DETERMINE IF DIGITAL SIGNATURE TECHNOLOGY AND PRACTICES ARE ACCEPTABLE FOR USE UNDER THE DIGITAL SIGNATURES ACT › Section 437-3-001

Current through June 17, 2024
Acceptable technology and practices must be capable of
				  creating signatures that conform to requirements set forth in Neb. Rev. Stat.
				  §
									86-611,
				  specifically:
001.01 It is unique to
				the person using it;
001.02 It is
				capable of verification;
001.03 It
				is under the sole control of the person using it;
001.04 It is linked to data in such a manner
				that if the data are changed, the digital signature is invalidated;
001.05 It conforms to Title 437 of the
				Nebraska Administrative Code.