North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0200 - ACCEPTANCE AND REFUSAL OF RECORDS › Section 05B .0202 - GROUNDS FOR REFUSAL OF UCC

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As used in
				  this Rule, the term "legible" is not limited to refer only to written
				  expressions on paper: it requires a machine-readable transmission for
				  electronic transmissions and an otherwise readily decipherable transmission in
				  other cases.
(b) Debtor name and
				  address. An initial financing statement or an amendment that purports to add a
				  debtor shall be refused if the document fails to include a legible debtor name
				  and address for a debtor, in the case of an initial financing statement, or for
				  the debtor purporting to be added in the case of such an amendment. If the
				  document contains more than one debtor name or address and some names or
				  addresses are missing or illegible, the filing officer shall index the legible
				  name and address pairings, and provide a notice to the remitter containing the
				  file number of the document identification of the debtor name(s) that was
				  (were) indexed, and a statement that debtors with illegible or missing names or
				  addresses were not indexed.
(c)
				  Additional debtor identification. An initial financing statement or an
				  amendment adding one or more debtors shall be refused if the document fails to
				  identify whether each named debtor (or each added debtor in the case of such an
				  amendment) is an individual (personal name) or an organization (commercial
				  name), if the last name of each individual debtor is not identified, or if, for
				  each debtor identified as an organization, the document does not include in
				  legible form the organization's type, state of organization and organization
				  number, or the SOS ID number in North Carolina, or a statement that it does not
				  have one.
(d) Secured party name
				  and address. An initial financing statement, an amendment purporting to add a
				  secured party of record, or an assignment, shall be refused if the document
				  fails to include a legible secured party (or assignee in the case of an
				  assignment) name and address. If the document contains more than one secured
				  party (or assignee) name or address and some names or addresses are missing or
				  illegible, the filing officer shall refuse the UCC document.
(e) Lack of identification of initial
				  financing statement. A UCC document other than an initial financing statement
				  shall be refused if the document does not provide a file number of a financing
				  statement in the UCC information management system that has not
				  lapsed.
(f) Identifying
				  information. A UCC document that does not identify itself as an amendment or
				  identify an initial financing statement to which it relates, as required by
				  G.S.
				  25-9-512(1),
				  25-9-514(b), or
				  25-9-518(b)(1),
				  is an initial financing statement.
(g) Timeliness of continuation. A
				  continuation shall be refused if it is not received during the six-month period
				  concluding on the day upon which the related financing statement would lapse.
(1) First day permitted. The first day on
				  which a continuation may be filed is the date of the month corresponding to the
				  date upon which the financing statement would lapse, six months preceding the
				  month in which the financing statement would lapse. If there is no such
				  corresponding date during the sixth month preceding the month in which the
				  financing statement would lapse, 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, although filing by certain means may not be
				  possible on such date if the filing office is not open on such date.
(2) Last day permitted. The last day on which
				  a continuation may be filed is the date upon which the financing statement
				  lapses.