reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 134 - Administration Of Address Confidentiality Program › Section 134.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agency means
				  any State or municipal department, board, bureau, division, commission,
				  committee, public authority, public corporation, council, office or other
				  governmental entity performing a governmental or proprietary function for the
				  State or any one or more municipalities thereof, including the judiciary and
				  the State Legislature.
(b)
				  Application assistance provider means a State, local or nonprofit agency
				  designated by the Secretary of State to assist program applicants pursuant to
				  Executive Law section 108(3).
(c)
				  Application assistant means an employee or volunteer of an application
				  assistance provider.
(d)
				  Certification means the process by which an applicant is determined eligible to
				  participate in the program.
(e)
				  Identification card means the card issued by the program to a program
				  participant upon certification, which includes the program participant's name,
				  designated substitute mailing address, and certification expiration
				  date.
(f) Program means the Address
				  Confidentiality Program administered by the Secretary of State. The program is
				  not a witness protection program.
(g) Program participant means a person
				  certified as a participant in the program.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 134 - Administration Of Address Confidentiality Program › Section 134.3 - Application assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  application assistants must:
(1) successfully
				  complete training provided by the program;
(2) be an employee or volunteer of an
				  application assistance provider;
(3) agree to adhere to the policies,
				  procedures and directions of the program.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 134 - Administration Of Address Confidentiality Program › Section 134.4 - Application assistance providers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application to be designated an
				  application assistance provider shall be on forms provided by the
				  program.
(b) A designation as an
				  application assistance provider shall be valid for two years.
(c) An application assistance provider shall:
(1) agree to adhere to the policies,
				  procedures and directions of the program;
(2) agree to adhere to the instructions and
				  terms provided in the application assistance provider application;
(3) agree to not to discriminate against any
				  client, or potential program participant, because of race, creed, color,
				  national origin, gender, sexual orientation, age, or mental, physical or
				  sensory disability.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 134 - Administration Of Address Confidentiality Program › Section 134.5 - Program participant application and certification process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each program
				  participant must be certified by the program to participate in the
				  program.
(b) Program participant
				  certification will be granted only where the prospective program participant:
(1) is a current New York resident;
(2) is a victim of domestic violence as
				  defined in section 459-a  of the Social Services Law;
(3) affirms under penalties of perjury that
				  the disclosure of his or her address will threaten the safety of the applicant
				  or applicant's minor children or the minor or the incapacitated person on whose
				  behalf the application is made;
(4)
				  completes, signs and dates an application that provides all necessary
				  information required under Executive Law section 108(2); and
(5) agrees in writing to abide by all written
				  program rules, policies and procedures.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 134 - Administration Of Address Confidentiality Program › Section 134.6 - Responsibilities of a program participant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A program participant:
(1) must notify the program in writing of a
				  change in the program participant's contact information at least seven days in
				  advance of the change, or immediately thereafter if such change is necessitated
				  by an emergency or other unforeseen event;
(2) must notify the program of any
				  significant change in the information contained in their application;
				  and
(3) must return the
				  identification card to the program immediately upon withdrawal or cancellation
				  of participation in the program.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 134 - Administration Of Address Confidentiality Program › Section 134.7 - Responsibilities of State and local agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A program participant may request, at the
				  time of creation of a new record, that a State or local agency use a substitute
				  address designated by the program as her or his residential or mailing
				  address.
(b) A program participant
				  shall show her or his original identification card to the agency official
				  creating a new record and request address confidentiality through use of a
				  substitute address in lieu of her or his actual location. The substitute
				  mailing address shall appear on the program participant's identification
				  card.
(c) Notwithstanding section
				  134.13(c) of this
				  Part, agency personnel may contact the program to verify a participant's
				  participation in the program. They may make a file photocopy of the
				  identification card and shall immediately return the identification card to the
				  program participant after making the photocopy.
(d) An agency shall accept the applicable
				  designated substitute address unless the agency has received a written waiver
				  from the program.
(e) An agency
				  shall not question the program participant about the details or circumstances
				  of her or his inclusion in the program. Rather, the agency shall accept the
				  determination made by the program that she or he is a qualified program
				  participant.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 134 - Administration Of Address Confidentiality Program › Section 134.8 - Agency exemption request

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application
				  for a waiver. An agency may request a waiver pursuant to Executive Law section
				  108(4) to use the actual addresses of program participants by submitting a
				  written application to the program.
(1) Each
				  application for a waiver shall include:
(i)
				  identification of the agency program or activity for which a waiver is sought
				  and a description of how actual addresses are currently used in the
				  administration of that program or activity;
(ii) identification of the statute or
				  administrative rule that demonstrates the agency's bona fide requirement and
				  authority for the use of the actual address of a program participant;
(iii) identification and a description of the
				  specific record or record series for which the waiver is requested;
(iv) an explanation as to how the acceptance
				  of the substitute address for a program participant will prevent the agency
				  from meeting a statutory or administrative obligation;
(v) an explanation as to why the agency
				  cannot meet its statutory or administrative obligations by a change in its
				  internal procedures;
(vi) a
				  description of the manner by which the confidentiality of the record or record
				  series will be maintained; and
(vii) identification of the individuals who
				  will have access to the record or record series.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 134 - Administration Of Address Confidentiality Program › Section 134.9 - Cancellation of program certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Program certification shall be cancelled
				  if the program participant:
(1) is no longer
				  a resident of New York; or
(2)
				  provides false information in the program application or to any State or local
				  agency in connection with the program; or
(3) uses or attempts to use the program to
				  evade law enforcement or to avoid establishing or following child custody or
				  visitation orders; or
(4) submits a
				  written notice of withdrawal to the program affirmed under penalties of
				  perjury.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 134 - Administration Of Address Confidentiality Program › Section 134.10 - Appeal of cancellation of program certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Secretary of State or the secretary's
				  designee shall review appeals of cancellation of program
				  certification.
(b) Within 30 days
				  after the date of the cancellation, the former program participant may request,
				  in writing, that the Secretary of State reconsider the program decision to
				  cancel program certification. The Secretary of State may allow program
				  certification to remain in place during the pendency of the appeal if the
				  former program participant establishes that the cancellation was due to
				  accident or oversight.
(c) The
				  Secretary of State or the secretary's designee shall notify the applicant by
				  certified mail, return receipt required, of its decision within 30 days after
				  receipt of the appeal.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 134 - Administration Of Address Confidentiality Program › Section 134.11 - Program participation renewal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A currently qualified program participant
				  may apply to renew her or his program certification. A renewal notice shall be
				  sent to the program participant at least 30 days before the expiration of the
				  current authorization.
(b) If the
				  program determines that the program participant is eligible to participate in
				  the program, he or she shall certify the participant for an additional
				  four-year term and issue a new identification card. The program participant
				  shall return his or her expired identification card to the program.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 134 - Administration Of Address Confidentiality Program › Section 134.12 - Service of process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Service of
				  process.
(1) Service of process on the
				  Secretary of State as agent of a program participant, a program participant's
				  minor child, incapacitated person or other adult member of the program
				  participant's household shall be made by personally delivering to and leaving
				  with the Secretary of State or a deputy, or with any person authorized by the
				  Secretary of State to receive such service, at the office of the Department of
				  State in the city of Albany, duplicate copies of such process together with the
				  statutory fee, which fee shall be a taxable disbursement. Service of process on
				  such program participant, a program participant's minor child, incapacitated
				  person or other adult member of the program participant's household shall be
				  complete when the Secretary of State is so served. The Secretary of State shall
				  promptly send one of such copies by certified mail, return receipt requested,
				  to such program participant, a program participant's minor child, incapacitated
				  person or other adult member of the program participant's household at the
				  actual address of the program participant on file in the Department of
				  State.
(2) Nothing in this section
				  shall affect the right to serve process in any other manner permitted by
				  law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 134 - Administration Of Address Confidentiality Program › Section 134.13 - Disclosure of program participant's information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The program shall disclose a program
				  participant's information:
(1) upon written
				  request acknowledged by the chief commanding officer of a law enforcement
				  agency or his or her designee in connection with a law enforcement matter;
				  or
(2) upon receipt of an original
				  or court-certified copy of a court order which specifically orders the
				  disclosure of a particular program participant's information and the reason
				  therefore.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter B - Land Offerings › Part 135 - Land Offerings › Section 135.1 - Filing statement and related documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. The filing statement shall
				  contain or be accompanied by all of the items of information required by Real
				  Property Law, sections 337-a and 338(4). The filing statement shall also be
				  accompanied by the offering statement required by Real Property Law, section
				  337-b.
(b) Maps. Submitted maps
				  must comply with Real Property Law, section 337-a(8).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter B - Land Offerings › Part 135 - Land Offerings › Section 135.2 - Offering statement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Pursuant to the authority granted under
				  Real Property Law, section 337-b(2), the Department of State designates, except
				  and to the extent set forth in paragraph (2) of this subdivision, the
				  information listed in section 337-b, subdivision one, (a) through (f) of the
				  Real Property Law, as not being necessary or appropriate in the public interest
				  or for the protection of purchasers, and such information therefore may be
				  omitted from the offering statement.
(2) The offering statement shall include the
				  name and address of the subdivider, and a description and identification of the
				  subdivision reasonably sufficient to locate the property.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter B - Land Offerings › Part 135 - Land Offerings › Section 135.3 - Inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any inspection
				  of any lots by the department shall be confined to the property embraced and
				  described in the filing statement. An inspection, when performed, shall be for
				  the purpose of ascertaining to a greater degree the veracity and reliability of
				  the information provided in the filing statement, the offering statement and
				  related material. When an inspection is performed, the offeror shall make every
				  reasonable effort, consistent with geographic and climatic conditions and the
				  extent of existing development, to make all lots accessible to the inspector,
				  and to provide such other and related information as may be reasonably
				  requested.
(b) Where an offeror has
				  paid to the department the monies covering the costs and expenses required
				  under article 9-A for the performance of an inspection and the offeror has:
(1) withdrawn its filing prior to such
				  inspection; or
(2) submitted
				  additional filings for additional lots or units consolidated with the original
				  offering and the department has inspected such consolidated properties
				  simultaneously; or
(3) the
				  department determines thereafter not to conduct an inspection, then in any of
				  such events and upon written request therefor by the offeror, the department
				  shall render to the offeror an accounting of the actual expenses incurred, and
				  shall refund any such monies not actually used for such purpose, subject to
				  approval by the State Comptroller.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter C - Trademarks And Service Marks › Part 140 - Trademarks And Service Marks › Section 140.1 - Forms and clarity of documents

Current through Register Vol. 46, No. 28, July 10, 2024
Every application for registration or renewal must be on a
					 current form supplied by the Department of State, completed in the English
					 language, plainly written or typed, and of sufficient clarity to permit
					 recording and reproduction by the department in its current record retention
					 medium. If the mark or any part thereof is not in the English language, it must
					 be accompanied by a sworn translation.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter C - Trademarks And Service Marks › Part 140 - Trademarks And Service Marks › Section 140.2 - Registration date

Current through Register Vol. 46, No. 28, July 10, 2024
After an application has been examined and found
					 acceptable, the registration date is the date of initial receipt of the
					 application by the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter C - Trademarks And Service Marks › Part 140 - Trademarks And Service Marks › Section 140.3 - Description of mark

Current through Register Vol. 46, No. 28, July 10, 2024
A description of the mark, other than merely a word mark,
					 must be set forth in the application including a written description of any
					 designs sought to be registered. All extraneous matter should be
					 omitted.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter C - Trademarks And Service Marks › Part 140 - Trademarks And Service Marks › Section 140.4 - Proof of distinctiveness

Current through Register Vol. 46, No. 28, July 10, 2024
When registration is sought of a mark which would be
					 unregistrable by reason of section 360-a (e)  of the General Business Law but
					 which is said by the applicant to have become distinctive in commerce of the
					 goods or services set forth in the application, the applicant may, in support
					 of registrability, submit with the application, or in response to a request for
					 evidence or a refusal to register, affidavits, depositions or other appropriate
					 evidence showing duration, extent and nature of use and advertising
					 expenditures in connection therewith (identifying types of media and attaching
					 typical advertisements), and affidavits, letters, or statements from the trade
					 or public, or both, or other appropriate evidence tending to show that the mark
					 distinguishes such goods or services.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter C - Trademarks And Service Marks › Part 140 - Trademarks And Service Marks › Section 140.5 - Rejection and resubmission of applications

Current through Register Vol. 46, No. 28, July 10, 2024
If an application is found not entitled to registration,
					 the department will advise the applicant and give the reasons for the
					 rejection. The applicant has six months following the rejection within which to
					 reply or amend the application, which will then be re-examined. This procedure
					 may be repeated until:
(a) the
				  department finally refuses registration; or
(b) the applicant allows the six-month
				  response period to lapse without filing a reply, amendment, or appeal.
If the applicant fails to file a proper response within six
					 months, the application is deemed abandoned. An abandoned application may be
					 revived as a pending application if it is shown to the satisfaction of the
					 department that the delay was unavoidable.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter C - Trademarks And Service Marks › Part 140 - Trademarks And Service Marks › Section 140.7 - Withdrawal of application

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to actual registration of a mark, the applicant by
					 written request may withdraw the application.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-1 - General Provisions › Section 143-1.2 - UCC document delivery; UCC document file date and time stamp; UCC search request delivery; UCC copy request delivery

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Delivery of written UCC documents. The
					 central filing office will accept written UCC documents, subject to the
					 provisions set forth in this subdivision.
(1)
					 The central filing office will accept written UCC documents only during the
					 regular business hours of the central filing office.
(2) The central filing office will accept
					 written UCC documents only if communicated by one of the following methods:
(i) Personal delivery. The file time for a
					 UCC document delivered by this method is when delivery of the UCC document is
					 time stamped by the UCC unit of the central filing office (even though the UCC
					 document may not yet have been accepted for filing and subsequently may be
					 rejected).
(ii) Courier delivery.
					 The file time for a UCC document delivered by this method is when delivery of
					 the UCC document is time stamped by the UCC unit of the central filing office
					 (even though the UCC document may not yet have been accepted for filing and
					 subsequently may be rejected).
(iii) Postal service delivery. The file time
					 for a UCC document delivered by this method is when delivery of the UCC
					 document is presented to the UCC unit of the central filing office (even though
					 the UCC document may not yet have been accepted for filing and subsequently may
					 be rejected).
(iv) Facsimile
					 delivery to the fax filing telephone number of the UCC unit of the central
					 filing office. Notwithstanding the time of receipt by the UCC unit's fax
					 machine, and notwithstanding any time stamp that may be generated by the UCC
					 unit's fax machine or by the remitter's fax machine, the file time for a UCC
					 document delivered by this method is the time the UCC document is first
					 examined by the UCC unit for processing (even though the UCC document may not
					 yet have been accepted for filing and may be subsequently rejected). The
					 central filing office shall time stamp a UCC document delivered by this method
					 with the time of such first examination.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-1 - General Provisions › Section 143-1.4 - Rejection of written UCC documents that are not on approved forms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A filing office
					 may reject any written UCC document that is not on an approved form.
(b) For the purposes of applying section
					 9-516(b) of the UCC, a filing office may treat any name, address, file number,
					 or other matter as not having been provided in a written UCC document if such
					 name, address, file number, or other matter is not set forth in the appropriate
					 space provided therefor on an approved form.
(c) Nothing in this section shall be
					 construed as prohibiting a filer from including an exhibit, schedule or other
					 attachment that is not on an approved form as part of a written UCC document,
					 provided that the appropriate approved form is used as the first page of such
					 written UCC document, and provided further that for the purposes of applying
					 section 9-516(b) of the UCC, a filing office may treat any name, address, file
					 number, or other matter that is contained in any such non-approved exhibit,
					 schedule or attachment as not having been provided in the UCC
					 document.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-1 - General Provisions › Section 143-1.5 - Rejection of written UCC search requests and written UCC copy requests that are not on approved forms

Current through Register Vol. 46, No. 28, July 10, 2024
A filing office may refuse to process any written UCC
						search request or written UCC copy request that is not on an approved form as
						promulgated under section
						143-1.3(a)(9) of
						this Subpart, or on a form deemed by the filing office, in its sole discretion,
						to be substantially similar to such approved form.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-2 - Filing And Indexing › Section 143-2.1 - Names of debtors who are individuals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Individual name fields. The names of
					 individuals are stored in files that include only the names of individuals, and
					 not the names of organizations. Separate data entry fields are established for
					 first (given), middle (given), and last names (surnames or family names) of
					 individuals, and for any suffix. A filer should place the name of an individual
					 debtor with a single name (e.g., Cher) in the field designated for the last
					 name. The filing officer assumes no responsibility for the accurate designation
					 of the components of a name but will enter the data in accordance with the
					 filer's designations.
(b) Titles
					 and prefixes before names. Titles and prefixes, such as "Doctor," "Reverend,"
					 "Mr.," and "Ms.," should not be provided by filers in UCC documents. However,
					 when a UCC document is submitted with designated name fields, the data will be
					 entered in the UCC information management system exactly as it
					 appears.
(c) Titles and suffixes
					 after names. Titles 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 UCC
					 documents. Suffixes that indicate which individual is being named, such as
					 "Senior," "Junior," "I," "II," and "III," are appropriate. In either case, they
					 will be entered into the information management system exactly as
					 received.
(d) Truncation -
					 individual names. Personal name fields in the UCC database are fixed in length.
					 Although filers should continue to provide full names on their UCC documents, a
					 name that exceeds the fixed length is entered as presented to the filing
					 officer, up to the maximum length of the data entry field. The lengths of data
					 entry fields in the central filing office are as follows:
first name: 60 characters
middle name: 30 characters
last name: 100 characters
suffix: 10 characters
(e) The central filing office may from time
					 to time specify the maximum number of characters that may be contained in the
					 fields of a UCC document transmitted to the central filing office by XML
					 transmission or by any other electronic delivery method. The numbers so
					 specified by the central filing office for the first name field, middle name
					 field, last name field and suffix field of an individual may be less than,
					 equal to or greater than the respective numbers specified in subdivision (d) of
					 this section.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-2 - Filing And Indexing › Section 143-2.2 - Names of debtors that are organizations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Organization name field. The names of
					 organizations are stored in files that include only the names of organizations,
					 and not the names of individuals. A single field is used to store an
					 organization name.
(b) Truncation -
					 organization names. The organization name field in the UCC database is fixed in
					 length. The length of the data entry field in the central filing office is 200
					 characters. Although filers should continue to provide full names on their UCC
					 documents, a name that exceeds the fixed length is entered as presented to the
					 filing officer, up to the maximum length of the data entry field.
(c) The central filing office may from time
					 to time specify the maximum number of characters that may be contained in the
					 fields of a UCC document transmitted to the central filing office by XML
					 transmission or by any other electronic delivery method. The number so
					 specified by the central filing office for the name field of an organization
					 may be less than, equal to or greater than the number specified in subdivision
					 (b) of this section.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-2 - Filing And Indexing › Section 143-2.3 - Decedent's estates

Current through Register Vol. 46, No. 28, July 10, 2024
If the debtor is a decedent's estate, the financing
						statement should provide the name of the decedent and indicate that the debtor
						is an estate.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-2 - Filing And Indexing › Section 143-2.4 - Trusts or trustees

Current through Register Vol. 46, No. 28, July 10, 2024
If the debtor is a trust or a trustee acting with respect
						to property held in trust, the financing statement should provide the name
						specified for the trust in its organic document(s). If no name for the trust is
						specified in its organic document(s), the financing statement should provide
						the name of the settlor and additional information sufficient to distinguish
						the debtor from other trusts having one or more of the same settlor(s). In
						either case, the financing statement should also indicate, in the debtor's name
						or otherwise, that the debtor is a trust or is a trustee acting with respect to
						property held in trust. If such indication is provided by inclusion of a
						statement or phrase in the debtor's name, such statement or phrase will be
						entered in the filing office's UCC information management system as part of the
						debtor's name.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-2 - Filing And Indexing › Section 143-2.5 - Errors of the filing office

Current through Register Vol. 46, No. 28, July 10, 2024
The filing office may correct the errors of filing office
						personnel in the UCC information management system at any time. If the
						correction occurs after the filing officer has issued a certification date, the
						filing office shall file a statement in the UCC information management system.
						The statement shall identify the record to which it relates, specify the date
						of the corrective action taken, and explain the nature of the corrective action
						taken. The statement shall be preserved as long as the record of the initial
						financing statement is preserved in the UCC information management
						system.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-2 - Filing And Indexing › Section 143-2.6 - Refusal errors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a
					 secured party or a remitter demonstrates to the satisfaction of the filing
					 office that a UCC document that was refused for filing should have been filed,
					 the filing office will file the UCC document. The filing office will also file
					 a notice in the UCC information management system. The notice shall state the
					 effective date and time of filing of the UCC document, which shall be the date
					 and time the UCC document was originally tendered for filing and was
					 acceptable, in accordance with section 9-516 of the UCC.
(b) Requests for review must be presented to
					 the filing office, in writing, within 45 days of the date on the filing
					 office's rejection notice. The documents submitted with the request for review
					 must include:
(1) the original rejected UCC
					 document;
(2) the filing office's
					 rejection notice; and
(3) a written
					 statement by the person requesting the review explaining why that person
					 believes that the UCC document was wrongfully rejected.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-2 - Filing And Indexing › Section 143-2.7 - Inability to read or decipher information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purposes of UCC section
					 9-516(c)(1), a filing office shall be considered to be unable to read or
					 decipher information in a written UCC document, and the written UCC document
					 shall be deemed not to provide such information, if:
(1) the information is so faint, illegible,
					 or otherwise unintelligible as to be unable to be read, copied or otherwise
					 processed by the filing office's equipment; or
(2) the written UCC document is not on an
					 approved form; or
(3) the written
					 UCC document is on an approved form, but the information is not provided in the
					 space designated on such approved form for such information.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-2 - Filing And Indexing › Section 143-2.8 - Ministerial nature of filing office duties and responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The duties and
					 responsibilities of the filing offices with respect to the administration of
					 the UCC are ministerial. In accepting a document for filing (or in refusing to
					 file a document), a filing office makes no determination, and creates no
					 presumption, with respect to any of the following:
(1) whether such document is (or is not)
					 legally sufficient;
(2) whether the
					 information in such document is (or is not) correct;
(3) whether the name of any person is (or is
					 not) sufficiently provided in such document;
(4) whether the collateral is (or is not)
					 properly or sufficiently described in such document;
(5) whether any person, collateral,
					 obligation, security interest, lease, consignment, bailment, sale, agricultural
					 lien, or other transaction, lien or interest of any kind does (or does not)
					 exist;
(6) whether any person does
					 (or does not) have title to, possession of, or any other rights in, any
					 collateral or other property of any kind;
(7) whether such filing office is (or is not)
					 a proper office for the filing of such document; or
(8) whether some other or additional filing
					 or act is (or is not) necessary to perfect, continue, terminate, assign, amend,
					 give notice of, or otherwise affect any security interest, lease, consignment,
					 bailment, sale, agricultural lien, or other lien or interest of any
					 kind.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-3 - Xml Documents › Section 143-3.1 - Authorization to transmit XML documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Only authorized XML remitters may
					 transmit XML documents to the central filing office. The central filing office
					 shall give a remitter express authorization to transmit XML documents to the
					 central filing office if:
(1) the remitter
					 has established a prepaid account with the central filing office in accordance
					 with section
					 143-5.2 of this Part;
					 and
(2) the central filing office
					 has determined, after appropriate testing of transmissions in accordance with
					 the such office's specifications, that the remitter is capable of transmitting
					 XML documents in a manner that permits the central filing office to process the
					 XML documents.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-3 - Xml Documents › Section 143-3.2 - XML format

Current through Register Vol. 46, No. 28, July 10, 2024
The central filing office shall, from time to time,
						designate the XML format to be used as the format for transmission of XML
						documents to the central filing office. The central filing office shall, at the
						request of an authorized XML remitter, identify which versions and releases of
						the XML format are then in use by and acceptable to the central filing
						office.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-3 - Xml Documents › Section 143-3.3 - XML implementation guide

Current through Register Vol. 46, No. 28, July 10, 2024
The central filing office shall prepare an XML
						implementation guide that will:
(a)
					 describe in further detail the use of the XML format in the UCC filing
					 system;
(b) identify the version(s)
					 or release(s) of the XML format currently in use by the central filing
					 office;
(c) identify the types of
					 UCC documents and related responses that can currently be transmitted through
					 XML;
(d) identify the maximum
					 number of characters that may be included in each field of a UCC document
					 transmitted through XML;
(e)
					 describe the manner of transmission of all information contained in a UCC
					 document and any other information required by the central filing office to be
					 transmitted with a UCC document; and
(f) contain such other instructions with
					 regard to XML transmissions as may be deemed appropriate by the central filing
					 office. The central filing office shall update such XML implementation guide
					 when in the judgment of the central filing office such updating is
					 appropriate.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-3 - Xml Documents › Section 143-3.4 - XML document types

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The central
					 filing office will accept only initial financing statements and amendments by
					 XML transmission. The transmission of an XML document shall include an
					 appropriate identifier designating the type (initial financing statement or
					 amendment) of the XML document.
(b)
					 The central filing office, in responding to a request for a paper copy of a
					 filed XML document, shall print the data included in the XML document requested
					 on a form that is substantially similar to the appropriate form type (initial
					 financing statement or amendment), as promulgated under section
					 143-1.3(a) of
					 this Part, for such XML document.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-3 - Xml Documents › Section 143-3.5 - Acceptance of XML documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 XML document is not accepted for filing at the time it is received by the
					 central filing office's XML system, even if said XML system then sends a signal
					 to the remitter indicating that the remitter's XML transmission has been
					 received. An XML document is accepted for filing only after the XML document is
					 analyzed by the central filing office's XML system, and the central filing
					 office determines that:
(1) the XML document
					 is machine-readable;
(2) all
					 required elements of the transmission have been received in an approved format;
					 and
(3) the XML document is not to
					 be refused under section
					 143-3.6 of this Subpart.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-3 - Xml Documents › Section 143-3.6 - Refusal of XML documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 central filing office may refuse an XML document if:
(1) the XML document, as received by the
					 central filing office:
(i) is not
					 machine-readable;
(ii) does not
					 contain all required elements in an approved format; or
(iii) does not contain all required
					 information in an acceptable format;
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-3 - Xml Documents › Section 143-3.7 - Limitations applicable to XML documents and XML transmissions

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provision of this Part to the
						contrary, XML documents and XML transmissions shall be subject to the
						limitations and restrictions set forth in this section.
(a) The central filing office will not accept
					 any UCC search request or UCC copy request submitted by XML transmission. In
					 particular, but not by way of limitation, an initial financing statement
					 submitted to the central filing office by XML transmission may not contain a
					 request for search report(s) on any debtor(s) named in such initial financing
					 statement. If an initial financing statement submitted to the central filing
					 office by XML transmission contains any such search request, the search request
					 will not be processed even if the initial financing statement is accepted for
					 filing.
(b) The central filing
					 office will not accept any correction statement (UCC-5) submitted by XML
					 transmission.
(c) The central
					 filing office will not accept a combination filing (as described in section
					 143-1.3[c] of
					 this Part) submitted by XML transmission. An amendment submitted to the central
					 filing office by XML transmission can be filed as one, but only one, of the
					 following: a termination statement, a continuation statement, a full
					 assignment, a party information amendment (i.e., an amendment that changes,
					 deletes, or adds a debtor or a secured party), or a collateral information
					 amendment (i.e., an amendment that deletes collateral, adds collateral, or
					 restates the description of collateral). In particular, but not by way of
					 limitation:
(1) a single amendment submitted
					 by XML transmission cannot be filed as both a party information amendment and a
					 collateral information amendment;
(2) in the case of a party information
					 amendment, only one debtor or one secured party may be changed, deleted, or
					 added; and
(3) a partial assignment
					 affecting only some (but not all) of the collateral covered by the identified
					 financing statement (see clause "iii" in instruction number 4 on the reverse of
					 the amendment form promulgated under section
					 143-1.3[a][4] of
					 this Part) is considered to be two actions, as it involves both an assignment
					 and a collateral information amendment; therefore, such a partial assignment
					 cannot be accomplished by a single amendment submitted to the central filing
					 office by XML transmission.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-3 - Xml Documents › Section 143-3.8 - XML documents intended to be filed in a local-filing office

Current through Register Vol. 46, No. 28, July 10, 2024
The central filing office will not accept any XML
						document intended to be filed in any local- filing office. If any XML document
						submitted to the central filing office includes any entry in the "county" data
						element field or any entry in the "cooperative interest" data element
						field:
(a) the central filing office
					 will not forward such XML document to any local-filing office;
(b) the central filing office will not
					 process such XML document;
(c) the
					 central filing office will not file such XML document; and
(d) the central filing office will not be
					 required to send a refusal notice under section
					 143-3.6 of this Subpart with
					 respect to such XML document.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter D - Uniform Commercial Code › Part 143 - Standard Forms And Procedures › Subpart 143-4 - Search Requests › Section 143-4.2 - Search requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 central filing office will accept a UCC search request only if such request:
(1) is in writing;
(2) is communicated to the UCC unit of the
					 central filing office by personal delivery, courier delivery, or postal service
					 delivery;
(3) specifies the name of
					 the debtor to be searched;
(4)
					 specifies whether the debtor is an individual or an organization;
(5) in the case of a search request that
					 specifies that the debtor is an individual, specifies the last name of such
					 individual (such a search request may also specify a first name or initial, a
					 middle name or initial, and/or a suffix);
(6) specifies the name and address of the
					 person to whom the search report is to be sent; and
(7) is accompanied by the appropriate fee,
					 paid using a payment method authorized by section
					 143-5.2 of this Part.