Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE › Chapter 1 - General Provisions › Section 436-1-101 - Means to deliver UCC records; time of filing

Current through June 17, 2024
UCC records may be tendered for filing at the Filing office
				  as follows:
101.1 Personal delivery by
				Remitter, at the Filing office's street address. The file time for a UCC record
				delivered by this method is when delivery of the UCC record is taken by the
				Filing office (even though the UCC record may not yet have been accepted for
				filing and subsequently may be rejected). This rule applies only to a Remitter
				who tenders a UCC record to the Filing office and awaits an immediate
				determination of whether or not the UCC record will be taken or not.
101.2 Courier delivery by a person other than
				a Remitter, at the Filing office's street address. The file time for a UCC
				record delivered by this method is, notwithstanding the time of delivery, at
				the earlier of the time the UCC record is first examined by a Filing office for
				processing (even though the UCC record may not yet have been accepted for
				filing and may be subsequently rejected), or the next close of business
				following the time of delivery. This rule does not apply to a courier who is
				acting as an agent of the Remitter and who tenders a UCC record to the Filing
				office and awaits an immediate determination of whether or not the UCC record
				will be taken or not under Rule 101.1. A UCC record delivered after regular
				business hours or on a day the Filing office is not open for business will have
				a filing time of the close of business on the next day the Filing office is
				open for business.
101.3 Postal
				service delivery, to the Filing office's mailing address. The file time for a
				UCC record delivered by this method is the next close of business following the
				time of delivery (even though the UCC record may not yet have been accepted for
				filing and may be subsequently rejected). A UCC record delivered after regular
				business hours or on a day the Filing office is not open for business will have
				a filing time of the close of business on the next day the Filing office is
				open for business.
101.4 Electronic
				Mail. Electronic mail cannot be used for filing UCC records. Electronic mail
				may be used for requesting searches of the records of financing
				statements.
101.5 Electronic
				filing. UCC records, excluding information statements and Filing office
				statements, may be transmitted electronically using the XML Format approved by
				the International Association of Commercial Administrators. At the request of
				an authorized XML Remitter, the Filing office will identify which versions and
				releases of the XML Format are acceptable to the Filing office. The Filing
				office publishes an implementation guide that prescribes the use of the XML
				Format. The implementation guide will be available to the public upon request.
				The file time for a UCC record delivered by this method is the time that the
				Filing office's UCC information management system analyzes the relevant
				transmission and determines that all the required elements of the transmission
				have been received in a required format and are machine-readable.
101.6 Direct web page data entry. UCC
				records, excluding information statements, Filing office statements, and
				transmitting utility filings may be delivered by web page data entry using the
				Filing office's website on the internet. The file time for a UCC record
				delivered by this method is the time the entry of all required elements of the
				UCC record in the proper format is acknowledged by the on-line entry system.
101.6.1 UCC record electronic filing
				procedures. Interested parties may apply for electronic filing services to the
				Filing office by completing an Electronic Filing Service Agreement form. If
				approved by the Filing office, the Filing office's electronic filing provider
				will contact the interested party for billing purposes and to establish account
				number(s) and password(s). Filing guidelines and procedures are available on
				the Filing office's website.