New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.206 - DATA ENTRY OF NAMES NO DESIGNATED FIELDS

Current through Register Vol. 35, No. 13, July 16, 2024
A UCC document that is an initial financing statement or an
				  amendment that adds a debtor to a financing statement and that fails to specify
				  whether the debtor is an individual or an organization will be refused by the
				  filing office. However, if it is accepted for filing in error, the following
				  rules shall apply.
A. Identification
				of organizations. When not set forth in a field designated for individual
				names, a name is treated as an organization name if it contains words or
				abbreviations that indicate status such as the following and similar words or
				abbreviations in foreign languages: association, church, college, company, co.,
				corp., corporation, inc., limited, ltd., club, foundation, fund, L.L.C.,
				limited liability company, institute, society, union, syndicate, GmBH, S.A. de
				C.V., limited partnership, L.P., limited liability partnership, L.L.P., trust,
				business trust, co-op, cooperative and other designations established by
				statutes to indicate a statutory organization. In cases where organization or
				individual status is not designated by the filer and is not clear, the filing
				office will use its own judgment.
B. Identification of individuals. A name is
				entered as the name of an individual and not the name of an organization when
				the name is followed by a title substantially similar to one of the following
				titles, or the equivalent of one of the following titles in a foreign language:
				proprietor, sole proprietor, proprietorship, sole proprietorship, partner,
				general partner, president, vice president, secretary, treasurer, M.D., O.D.,
				D.D.S., attorney at law, Esq., accountant, CPA. In such cases, the title is not
				entered.
C. Individual and
				organization names on a single line. Where it is apparent that the name of an
				individual and the name of an entity are stated on a single line and not in a
				designated individual name field, the name of the individual and the name of
				the entity shall be entered as two separate debtors, one as an individual and
				one as an entity.
D. Individual
				names. The failure to designate the individual's surname of an individual
				debtor in an initial financing statement or an amendment adding such debtor to
				a financing statement will cause a filing to be refused. If the filing is
				accepted in error, or if only the individual's surname is designated, the
				following data entry rules apply.
(1)
				Freestanding initials. An initial in the first position of the name is treated
				as a first personal name. An initial in the second position of the name is
				treated as additional name(s) or initial(s).
(2) Combined initials and names. An initial
				and a name to which the initial apparently corresponds is entered into one name
				field only [e.g. "D. (David)" in the name "John D. (David) Rockefeller" is
				entered as "John" (first personal name); "D. (David)" (additional name(s) or
				initial(s)); "Rockefeller" (individual's surname)].
(3) Multiple individual names on a single
				line. Two individual names contained in a single line are entered as two,
				different debtors on separate debtor lines [e.g. the debtor name "John and Mary
				Smith" is entered as two debtors: "John Smith", and "Mary Smith"]. Otherwise,
				more than one debtor in a single line will cause the filing to be refused
				pursuant to Subsection A of 12.6.2.28 NMAC [e.g. the debtor names "John Smith
				dba Smith Auto Sales"].
(4) One
				word names. A one word name is entered as a individual's surname [e.g. "Cher"
				is treated as a individual's surname].
(5) Nicknames. A nickname is entered in the
				name field together with the name preceding the nickname, or if none, then as
				the first personal name (e.g., "William (Bill) Jones").