reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.8 - Continuation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the timely filing of one or more
				continuations by any secured party(ies) of record, the lapse date of the
				financing statement shall be postponed for five years.
(b) The filing of a continuation shall have
				no effect upon the status of any party to the financing statement.
(c) Upon the filing of a continuation
				statement, the status of the financing statement remains active.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.9 - Termination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The filing of a termination shall have no
				effect upon the status of any party to the financing statement.
(b) A termination shall have no effect upon
				the status of the financing statement and the financing statement shall remain
				active in the information management system until one year after it lapses,
				unless the termination relates to a financing statement that indicates it is
				filed against a transmitting utility, in which case the financing statement
				will become inactive one year after it is terminated with respect to all
				secured parties of record.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.10 - Correction statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The filing of a
				correction statement shall have no effect upon the status of any party to the
				financing statement.
(b) A
				correction statement shall have no effect upon the status of the financing
				statement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.11 - Procedure upon lapse

Current through Register Vol. 56, No. 14, July 15, 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 DORES. On the first anniversary of such lapse date,
				  the financing statement will no longer be made available to a
				  searcher.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.12 - Image storage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All accepted UCC filings are stored on an
				electronic imaging facility, and are retrievable and reproducible from this
				facility. Imaged filings are indexed by their corresponding file
				numbers.
(b) DORES will maintain
				all statements and filings in retrievable and reproducible form for up to one
				year following their lapse date. Thereafter, they will be unavailable to a
				searcher but still stored in an electronic format. Any disposition action
				involving electronic images and data pertaining to lapsed statements and
				filings must be executed in accordance with the statutory requirements set
				forth at N.J.S.A. 47:1-1et seq. Both data
				and electronic image storage technologies are used to store and archive UCC
				data and filings.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.13 - Errors of DORES

Current through Register Vol. 56, No. 14, July 15, 2024
DORES may correct the errors of DORES personnel in the UCC
				  information management system at any time. If the correction is made after
				  DORES has issued a certification date that includes the filing date of the
				  corrected statement, DORES will place a record relating to the relevant initial
				  financing statement in the UCC information management system. The record will
				  state the date of the correction and explain the nature of the corrective
				  action taken. The record will be preserved for as long as the record of the
				  initial financing statement is preserved in the UCC information management
				  system.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.14 - Errors other than DORES errors

Current through Register Vol. 56, No. 14, July 15, 2024
An error by a filer is the responsibility of such filer. It
				  can be corrected by filing an amendment or it can be disclosed by a correction
				  statement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 8 - SEARCH REQUESTS AND REPORTS › Section 17:33-8.1 - Policy statement

Current through Register Vol. 56, No. 14, July 15, 2024
DORES shall maintain, for public inspection, a searchable
				  index for all records of UCC filings and provide for the retrieval of a record
				  by the name of the debtor, by the file number of the initial financing
				  statement to which the record relates, and by a combination of debtor name and
				  address (city). Pursuant to
				  N.J.A.C.
				  17:33-7.11, on the first anniversary of the
				  lapse date of any financing statement in the UCC information management and
				  image storage systems, records pertaining to such lapsed financing statement
				  will no longer be available to a searcher.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 8 - SEARCH REQUESTS AND REPORTS › Section 17:33-8.2 - Written search requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If written
				(paper) UCC search requests are permitted pursuant to exceptions granted
				pursuant to
				N.J.A.C.
				17:33-2.9, such requests shall contain the
				following information:
1. Name or number to be
				searched. A search request shall set forth the full correct name of a debtor or
				the name variant desired to be searched, or in the case of photocopy only
				request, the file number involved. For name searches, the full name of an
				individual may consist of a first name, a middle name or initial, and a last
				name. A search request may also be submitted with no middle name or initial or
				as a single name. If only a single name is presented (for example, "Cher"), it
				will be treated as a last name. The full name of an organization shall consist
				of the name of the organization as stated on the articles of incorporation or
				other organic documents in the state or country of organization or the name
				variant desired to be searched. Optionally, the search request may contain a
				debtor address (city), in addition to the debtor name. A search request will be
				processed using the name and address (if applicable) as submitted, and DORES'
				standard search logic;
2.
				Requesting party. The name and address of the person to whom the search report
				is to be sent;
3. Fee. The
				appropriate fee, as set forth in this chapter, payable by a method authorized
				in this chapter; and
4. Optional
				information on written search requests. A UCC search request may contain any of
				the following information:
i. A request that
				copies of documents referred to in the search report be included with the
				report. The request may limit the number of copies to initial financing
				statements or a specific filing date or date range; and
ii. Instructions on the mode of delivery
				requested.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 8 - SEARCH REQUESTS AND REPORTS › Section 17:33-8.3 - Online certified search

Current through Register Vol. 56, No. 14, July 15, 2024
Certified UCC debtor name searches are executed online
				  through the Internet or may be provided by other electronic methods approved by
				  DORES. DORES may disseminate information about the Internet and other search
				  methods, including instructions and fee schedules, by postings to its Internet
				  website.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 8 - SEARCH REQUESTS AND REPORTS › Section 17:33-8.4 - Procedures applied to certified name search requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Certified search results are created by applying standardized search logic to
				the debtor name presented to DORES by the person requesting the search. Human
				judgment is minimized in determining the results of the debtor name search.
				Optional searches on debtor address (city) are based on exact matches of the
				address entered. The following procedures are applied to conduct debtor name
				searches:
1. There is no limit to the number
				of matches that may be returned in response to the search criteria;
2. No distinction is made between upper and
				lower case letters;
3. Punctuation
				marks and accents are disregarded;
4. Words and abbreviations at the end of a
				name or in a name ("noise words") that indicate the existence or nature of an
				organization;
5. The word "the" at
				the beginning of the search criteria is disregarded;
6. All spaces are disregarded;
7. For first and middle names of individuals,
				initials are treated as the logical equivalent of all names that begin with
				such initials, and no middle name or initial is equated with all middle names
				and initials. For example, a search request for "John A. Smith" would cause the
				search to retrieve all filings against all individual debtors with "John" as
				the first name, "Smith" as the last name, and with the initial "A" or any name
				beginning with "A" in the middle name field. If the search request were for
				"John Smith" (first and last names with no designation in the middle name
				field), the search would retrieve all filings against individual debtors with
				"John" as the first name, "Smith" as the last name and with any name or initial
				or no name or initial in the middle name field; and
8. To ensure the standard search logic is
				responsive, in addition to the procedures above, DORES will apply the following
				search logic procedures to each debtor name search. The procedures will have
				the effect of broadening search results.
i.
				The word "and" within a name is disregarded.
ii. Free text searching is applied wherever a
				space is entered into the search field and at the end of the search
				request.
iii. After applying the
				preceding procedures to the debtor name to be searched, the UCC information
				management system will reveal the names of debtors that match the search
				request and that are on file and retrievable through the system.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 8 - SEARCH REQUESTS AND REPORTS › Section 17:33-8.5 - Search responses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Reports created in response to a search
				request will include the following:
1. Filing
				officer designation and certification. This includes the official
				identification of DORES as the producer of the report and the filing officer's
				certification of the search results;
2. Report date. The date the report was
				generated;
3. Name and address
				(city) searched. Identification of the name and address (if applicable)
				searched;
4. Certification date.
				The certification date applicable to the report, that is, the date that the
				search is effective to reveal all UCC initial financing statements on or prior
				to that date;
5. Identification of
				initial financing statements. Identification of each initial financing
				statement filed on or prior to the certification date corresponding to the
				search criteria, by name of debtor, by identification number, and by file date
				and file time. This includes lapsed statements with lapse dates of one year or
				less prior to the search date;
6.
				History of financing statement. For each initial financing statement on the
				report, a listing of all related UCC filings made on or prior to the
				certification date; and
7. Copies.
				Copies of all UCC filings revealed by the search and requested by the
				searcher.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 8 - SEARCH REQUESTS AND REPORTS › Section 17:33-8.6 - Non-standard search

Current through Register Vol. 56, No. 14, July 15, 2024
To maximize the flexibility of its services, DORES may offer,
				  to the public, search services and reports that employ non-standard search
				  logic.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 34 - COMMERCIAL RECORDING-PUBLICATION OF BULK ACCESS FEE SCHEDULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:34-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules outline the basic procedures
				for publishing fee schedules for bulk access to commercial recording records
				and reports maintained by the State's filing officer, the State Treasurer, and
				the designated filing office, the Division of Revenue and Enterprise Services.
				The rules also set forth procedures for obtaining records in bulk from the
				Division of Revenue and Enterprise Services and the specific circumstances
				under which direct cost alternatives may apply to bulk access
				requests.
(b) Generally, these
				rules are designed to foster greater understanding and awareness of this access
				option.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 34 - COMMERCIAL RECORDING-PUBLICATION OF BULK ACCESS FEE SCHEDULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:34-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
For the purposes of these procedures, the definitions below
				  apply.
"Bulk access" means access to and dissemination of records
				  and reports from the State's commercial recording record systems in quantities
				  of not less than 500 records or reports per request, in various formats
				  including paper, magnetic and other digital media.
"Commercial recording record system" means any of the State's
				  traditional commercial recording records systems including, but not limited to,
				  the corporate/business entity, trade name, trade/service mark, Uniform
				  Commercial Code, and collection agency bond systems.
"Filing office" means the Department of the Treasury,
				  Division of Revenue and Enterprise Services, which hereafter shall be cited as
				  DORES.
"Filing officer" means the Treasurer of the State of New
				  Jersey.
"Record/report" means any filed document or information
				  stored in one of the State's Commercial Recording systems.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 34 - COMMERCIAL RECORDING-PUBLICATION OF BULK ACCESS FEE SCHEDULES › Subchapter 2 - PUBLISHING BULK ACCESS FEE SCHEDULES › Section 17:34-2.1 - Procedure for publishing bulk access fee schedules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				filing officer may publish fees schedules for bulk access to records maintained
				within the State's existing commercial recording record systems. Such schedules
				must contain line item numbers for each fee, the type of record or report
				associated with each line item, its informational content, the media on which
				the record or report will be provided, the manner in which the records/reports
				may be selected (for example, filing date range, or filing number range), the
				per record/report fee amount and the statutory basis for the fee.
(b) DORES shall publish any fee schedules for
				bulk access online at the DORES' Internet site (
www.state.nj.us/treasury/revenue
).
				DORES shall also provide paper copies of bulk access fee schedules upon receipt
				of written requests directed to the DORES' e-mail address
				(info@revenue.state.nj.us) or sent via regular mail to PO Box 450, Trenton, NJ
				08646-0450.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 34 - COMMERCIAL RECORDING-PUBLICATION OF BULK ACCESS FEE SCHEDULES › Subchapter 3 - PROCEDURES FOR BULK ACCESS › Section 17:34-3.1 - Procedure for obtaining commercial recording records/reports in bulk

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Bulk access requests may be delivered to
				DORES through any of the means outlined below:
1. Personal delivery, at DORES' street
				address. The address is 33 West State Street, Trenton, NJ 08625, 5th
				Floor;
2. Courier delivery, at the
				DORES' street address. The address is 33 West State Street, Trenton, NJ 08625,
				5th Floor;
3. Postal service
				delivery, to the DORES' mailing address. The address is PO Box 450, Trenton,
				New Jersey 08646-0450; or
4.
				Electronic Mail. The e-mail address is mailto:info@revenue.state.nj.us.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 34 - COMMERCIAL RECORDING-PUBLICATION OF BULK ACCESS FEE SCHEDULES › Subchapter 4 - PROCEDURES FOR APPLYING DIRECT COST CRITERION OR SELF-COPY FEES FOR BULK ACCESS › Section 17:34-4.1 - Circumstances in which direct cost criterion or self-copy fees may apply, and associated request procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Through DORES,
				the filing officer may grant bulk access for the direct cost of reproduction,
				including special programming costs, under the following circumstances:
1. Non-profit usage. The direct cost
				criterion may be applied in cases where a bona-fide nonprofit organization
				seeks to use commercial recording records/reports on a non-recurring basis, for
				a purpose directly associated with its organizational mission. DORES may
				request any documentation needed to establish the nonprofit status of the
				requester, including, but not limited to, documentation regarding corporate
				status, 501c(3) status, and compliance with charities registration. The
				requester must also satisfactorily describe the intended uses for the requested
				records/reports and certify that the uses relate directly to the organization's
				nonprofit purpose.
i. Nonprofits seeking bulk
				access must follow the procedures set forth at N.J.A.C. 17:34-3 and add a
				written statement to their requests indicating that they wish to obtain the
				requested records/reports for a nonrecurring nonprofit purpose. DORES may
				require the requester provide additional documentation to establish the
				requester's nonprofit credentials and/or to determine nature of the intended
				use of the requested records/reports.
ii. If the request is granted, DORES and the
				requester shall complete the bulk access process in accordance with the
				procedures set forth at
17:34-3.2
,
				except that the direct cost of reproduction shall be substituted for the fee
				amount.
iii. (No change.)
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 1 - EXPEDITED SERVICES › Section 17:35-1.1 - Services that will be provided on an expedited basis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department of the Treasury's Filing Office shall provide expedited over the
				counter services for the following requests:
1. Any information contained in the annual
				report of a business on file with the Filing Office;
2. A certificate of standing, either long
				form, short form, or certificate listing charter documents;
3. A certified or uncertified copy of
				document, except trade name filing, filed with the Filing Office;
4. A certificate as to the existence or
				nonexistence of any document, except trade name filings on record with the
				Filing Office;
5. The availability
				of a corporate name, limited liability company name, or a limited partnership
				name;
6. Filing of any document the
				Filing Office is empowered by law or regulation to file;
7. The name and address of the registered
				agent of a business on file with the Filing Office;
8. The filing date of a business on file with
				the Filing Office;
9. The name and
				address of a business on file with the Filing Office;
10. A U.C.C. 1 filing pursuant to
				12A:9-516 et seq.;
11. A U.C.C. 3 filing pursuant to
				12A:9-516 et seq.;
12. A U.C.C. 3 filing pursuant to
				12A:9-516 et seq. provided that
				the U.C.C. 11 search shall not exceed 20 filings. Searches over 20 filings can
				be expedited but may not be completed within the same day;
13. An application to be a Notary
				Public;
14. An application to renew
				one's commission as a Notary Public;
15. Certification of an official signature of
				a document, when the official's signature is on file with the Filing Office.
				This includes the issuances of apostilles.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 1 - EXPEDITED SERVICES › Section 17:35-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The words and terms used in this chapter shall have the
				  following meanings, unless the context clearly indicates otherwise.
"Business day" means the time period running from 8:30 A.M.
				  to 5:00 P.M., Monday through Friday, except State holidays.
"Expedited service" means accelerated processing of work
				  requests received by the Filing Office on a business day in one of four
				  timeframes selected by a submitter: same day of submission for limited
				  liability company-related work requests only; 8.5 business hour service;
				  one-business-hour service; or two-business-hour service.
"Filing Office" means the Department of the Treasury,
				  Division of Revenue and Enterprise Services.
"One business-hour service" means as soon as possible, but no
				  later than one business-hour following receipt of the over the counter work
				  request no later than 3:00 P.M. by the Filing Office on a business day.
"Over the counter services" means:
1. Documents delivered to the Filing Office's expedited
				  services counter by hand or by express delivery;
2. Subject to the approval of the Filing Office, documents
				  transmitted electronically to the Filing Office;
3. Information requests made at the Filing Office's expedited
				  service counter or any other location designated by the Filing Office.
"Same day service" means completion of a limited liability
				  company-related work request no later than the close of business on the day on
				  which the work request is delivered, provided such request is delivered no
				  later than 12:30 P.M.
"8.5 business hours service" means completion of a work
				  request no later than 8.5 business hours following receipt of the over the
				  counter request by the Filing Office on a business day.
"Two-business-hour service" means as soon as possible, but no
				  later than two business-hours following receipt of the over the counter work
				  request no later than 2:00 P.M. by the Filing Office on a business day.
"Work request" means a written request, with the required
				  fees, for filing a document or for copies of records or information on file
				  with the Filing Office.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 1 - EXPEDITED SERVICES › Section 17:35-1.3 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Expedited services shall be rendered as
				soon as possible, but may extend beyond the expedited timeframes if the
				computer system utilized by the Filing Office is down, or if the Filing Office
				experiences other difficulties beyond its control, making expedited response
				impossible. In such cases, upon resuming normal operations, the Filing Office
				will process expedited requests on a first-in first-out basis, in the following
				priority order: one business-hour; two business-hour; same day; and 8.5
				business hours. Expedited requests will be given priority over mail-in
				requests.
(b) Any over the counter
				service may be rejected by the Filing Office unless the submission has a
				covering communication specified by the Filing Office. The Filing Office may
				design the covering communication and may from time to time redesign
				it.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 1 - EXPEDITED SERVICES › Section 17:35-1.4 - Fees for expedited service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fees for 8.5
				business hours service shall be as follows:
1. Filing of document:
i. Without certified copy; statutory fee plus
				$ 15.00;
ii. With copy to be
				certified: statutory filing fee, certification fee of $ 25.00 plus $
				15.00.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 1 - EXPEDITED SERVICES › Section 17:35-1.5 - Method of payment of fees for expedited service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				fees for expedited service performed by the Filing Office may be paid via a
				pre-paid deposit account, cash (over the counter transactions only), or charged
				against a major credit card held by the service user. A check, presented in
				paper or electronic form, made payable to the Treasurer, State of New Jersey,
				or other electronic method approved by the Filing Office, is also an acceptable
				payment method.
1. When a credit card or
				electronic payment method acceptable to the Filing Office is utilized as a
				method of payment, the user may be charged a separate fee to cover reasonable
				service fees that are incurred in processing the credit card or electronic
				payment.
2. Major approved credit
				cards shall be defined for the purposes of this section as those credit cards
				accepted by the Filing Office.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 2 - PRECLEARANCE OF DOCUMENTS › Section 17:35-2.1 - Documents which may be submitted for preclearance

Current through Register Vol. 56, No. 14, July 15, 2024
Any document which may be filed with the Treasurer, via the
				  Filing Office pursuant to
14A:1-1
et
				  seq. may be submitted for preclearance. These documents include, but are not
				  limited to: Certificates of Incorporation; Amendments; Abandonments; Mergers;
				  Restated Certificates; Terminations; Dissolutions; Revocation of Dissolutions;
				  Corrections; Foreign Qualifications; Foreign Withdrawals; Foreign Amendments;
				  Change of Agents and/or Office; Reservations; Registrations; or Alternate Name
				  Registrations. There is no requirement, however, that a document be precleared
				  prior to submission for filing.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 2 - PRECLEARANCE OF DOCUMENTS › Section 17:35-2.2 - Preclearance submission procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Filing
				Office will preclear any document which:
1.
				Is hand delivered with a covering communication clearly indicating that the
				document is submitted for preclearance by messenger or overnight mail service
				to the preclearance basket at the Filing Office; or
2. Is electronically transmitted to the
				Filing Office with a covering communication clearly indicating that the
				document is submitted for preclearance.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 2 - PRECLEARANCE OF DOCUMENTS › Section 17:35-2.3 - Preclearance fees

Current through Register Vol. 56, No. 14, July 15, 2024
Any person who submits any documents for preclearance shall
				  pay to the Filing Office a flat fee of $ 100.00. In addition, if preclearance
				  review consumes more than one hour of Filing Office personnel time, an
				  additional fee of $ 50.00 per each additional hour or part thereof will be
				  charged.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 2 - PRECLEARANCE OF DOCUMENTS › Section 17:35-2.4 - Method of payment of fees for preclearance service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				fees for preclearance service performed by the Filing Office may be paid via a
				pre-paid deposit account, provided the delivery process allows for the use of
				such accounts, or charged against a major credit card held by the service user.
				A check, presented in paper or electronic form, made payable to the Treasurer,
				State of New Jersey, or other electronic method approved by the Filing Office,
				is also an acceptable payment method.
1. When
				a credit card or electronic payment method acceptable to the Filing Office is
				utilized as a method of payment, the user may be charged a separate fee to
				cover reasonable service fees that are incurred in processing the credit card
				or electronic payment.
2. Major
				credit cards shall be defined for the purposes of this section as those credit
				cards accepted by the Filing Office.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 3 - NAME AVAILABILITY › Section 17:35-3.1 - Distinguishable defined

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For name
				availability purposes, a business entity name, meaning a corporate, limited
				liability company, limited liability partnership, or limited partnership name,
				can be distinguished from other business entity names recorded with the Filing
				Office if it is sufficiently different from those other business entity names.
				All changes except for the following should be sufficient to distinguish one
				business entity name from another upon the records of the Filing Office:
1. The insertion or deletion of
				capitalization or a mark of punctuation, such as a comma, period, hyphen,
				etc.;
2. The changing of a word in
				a business entity name into its plural or singular form;
3. The addition of a different business
				entity designator;
4. The addition
				of an article ("a", "an", or "the");
5. The addition of spaces in a business
				entity name; and/or
6. The
				misspelling in the word of a business entity name.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 4 - TRADE/SERVICE MARKS › Section 17:35-4.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The words and terms used in this subchapter shall have the
				  following meanings, unless the context clearly indicates otherwise:
"Applicant" means the person filing an application under this
				  subchapter, and the legal representatives, successors or assigns of that
				  person.
"Filing Office" means the Department of the Treasury,
				  Division of Revenue and Enterprise Services.
"Mark" means any trademark or service mark entitled to
				  registration under this subchapter, whether registered or not.
"Owner" means a person who has legal rights to a mark either
				  as a result of registration or at common law.
"Person" means a natural person, and also includes a firm,
				  partnership, corporation, union, association, or other organization capable of
				  suing and being sued in a court of law.
"Registrant" means the person to whom the registration of a
				  mark under this subchapter is issued, and the legal representatives,
				  successors, or assigns of that person.
"Service mark" means any word, name, symbol, or device, or
				  any combination thereof, used by a person to identify and distinguish the
				  services of one person, including a unique service, from the services of
				  others, and to indicate the source of services, even if that source is unknown.
				  Service mark includes titles, character names used by a person, and other
				  distinctive features of radio or television programs, notwithstanding that
				  they, or the programs, advertise the goods of the sponsor.
"Trade name" means any name used by a person to identify a
				  business or vocation of the person.
"Trademark" means any word, name, symbol, or device, or any
				  combination thereof, used by a person to identify and distinguish the goods of
				  the person, including a unique product, from those manufactured and sold by
				  others, and to indicate the source of the goods, even if that source is
				  unknown.
"Treasurer" means the Treasurer, State of New Jersey or the
				  designee of the Treasurer charged with the administration of this
				  subchapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 4 - TRADE/SERVICE MARKS › Section 17:35-4.2 - Mark registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person or business may register trade
				or service marks by:
1. Submitting a
				type-written or machine-printed application, or an electronic application in a
				form acceptable to the Filing Office, along with a $ 50.00 paper or, where
				applicable, electronic check made payable to the Treasurer, State of New
				Jersey, with mailings directed to the Trade/Service Mark Section, Division of
				Revenue and Enterprise Services, (PO Box 453, Trenton, NJ 08646-0453). The
				application must include the following information:
i. A statement of purpose (for example,
				Original Application to Register a Mark pursuant to N.J.S.A. 56);
ii. The type of mark (an application may be
				for a trademark or service mark, not both);
iii. The name and description of the
				mark;
iv. The name and business
				address of person applying for the mark, and if a corporation, the state of
				incorporation, or if a partnership, the state in which the partnership is
				organized and the names of the general partners;
v. If applicable, the name and address of the
				party to whom ownership of the mark is assigned;
vi. The goods or services involved and the
				classification within which the goods or services fall (see
				17:35-4.5 for information on
				classification);
vii. The date the
				mark was first used anywhere and/or the date when it was first used in this
				State, by the applicant or predecessor in interest;
viii. A statement of ownership and use
				conforming to N.J.S.A. 56:3-3.3(d) such as: "The applicant attests that he or
				she is the owner of the mark, that the mark is in use, and that, to his or her
				knowledge, no other person has registered the mark, either with the U.S. Patent
				and Trademark Office or with the State Treasurer, or has the right to use the
				mark or a mark in such near resemblance as to be likely, when used on or in
				connection with the goods or services of such other person, to cause confusion,
				or to cause mistake, or to deceive";
ix. The verified signature of the applicant
				and assignee (if applicable) attesting to the truthfulness of the information
				in the application (verification may be by oath or affirmation); and
x. The date of signature.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 4 - TRADE/SERVICE MARKS › Section 17:35-4.3 - Mark life-cycle management

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner of a
				registered mark may renew, assign, amend, or cancel the mark. Procedures for
				these life cycle management actions are as follows:
1. An owner may renew a mark by:
i. Submitting a type-written or
				machine-printed application, or electronic application in a form acceptable to
				the Filing Office, along with a $ 50.00 paper or, where applicable, electronic
				check made payable to the Treasurer, State of New Jersey, with mailings
				directed to the Trade/Service Mark Section, Division of Revenue and Enterprise
				Services (PO Box 453, Trenton, NJ 08646-0453). The application may be submitted
				any time within six months prior to the expiration of the registration period.
				The application shall include the following information:
(1) A statement of purpose (for example,
				Renewal of a Registered Mark pursuant to N.J.S.A. 56);
(2) The trademark/service mark identification
				number as assigned by the Filing Office listed on the Certificate of
				Registration;
(3) The
				classification within which the goods or services fall (see
				17:35-4.5 for information on
				classification);
(4) The name and
				business address of the owner (owner name on application must match owner name
				shown on the Filing Office's records; owner address on application may be
				different; the Filing Office will enter the new address as part of the renewal
				transaction);
(5) If applicable,
				the name and address of the party to whom ownership of the mark is
				assigned;
(6) A verified statement
				of continued use conforming to N.J.S.A. 56:3-3.5 such as: "The applicant
				attests that the mark has been and still is in use";
(7) The signature of the owner and assignee
				(if applicable); and
(8) The date
				of signature.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 4 - TRADE/SERVICE MARKS › Section 17:35-4.4 - Mark review/rejection criteria and applicant appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section is
				intended to clarify basic review/rejection criteria and the circumstances that
				may trigger appeals by persons seeking to file documents with the Treasurer,
				State of New Jersey. Nothing stated here is intended to restrict repeal rights
				or the broader powers of review and administrative action delegated to the
				Treasurer under N.J.S.A. 56:3-13.1 et seq.
(b) The Treasurer shall review all filing
				applications for the inclusion of the mandatory information elements and fees
				listed in the applicable sections of this subchapter, that is:
1. Original registration application--see
				17:35-4.2;
2. Renewal application--see
				17:35-4.3(a);
3. Assignment application--see
				17:35-4.3(b);
4. Renewal application--see
				17:35-4.3(a);
5. Assignment application--see
				17:35-4.3(b);
6. Amendment application--see
				17:35-4.3(c);
7. Cancellation application--see
				17:35-4.3(d);
				and
8. Fees--see
				17:35-4.6.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 4 - TRADE/SERVICE MARKS › Section 17:35-4.5 - Classification

Current through Register Vol. 56, No. 14, July 15, 2024
N.J.S.A. 56:3-12 mandates that the Treasurer adopt a
				  classification scheme that conforms with that adopted by the United States
				  Patent and Trademark Office (USPTO) pursuant to
				  15
				  U.S.C. §
										1112. Accordingly, the USPTO
				  classification scheme is incorporated by reference into these rules. Upon the
				  adoption of these rules, all original and renewed trade/services mark
				  applications filed with the Filing Office must employ the classification listed
				  in
				  15
				  U.S.C. §
										1112. The previously existing
				  scheme used for marks registered prior to the passage of P.L. 1995, c.171 will
				  remain in effect for those marks until they expire or are cancelled or
				  renewed.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 4 - TRADE/SERVICE MARKS › Section 17:35-4.6 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
Fees for the various trademark/service mark filing and
				  information retrieval services are as follows:
Service
Fee Amount
All Filing Applications (Original Registration, Renewal,
						  Assignment, Amendment or Cancellation Applications)
$ 50.00/each
.For Each Additional Mark Classification Listed on an
						  Application (Original, Registration, Renewal and Amendment Applications
						  Only)
$ 50.00/each
.Photocopies of Filed Documents
$ 1.00/page
One-business-hour service, meaning as soon as possible,
						  but no later than one business-hour following receipt of an over the counter
						  request by the Filing Office no later than 3:00 P.M. on a business day
$ 1,000, charged in addition to the basic filing fees
Two-business-hour service, meaning as soon as possible,
						  but no later than two business-hours following receipt of an over the counter
						  request by the Filing Office no later than 2:00 P.M. on a business day
$ 500.00, charged in addition to the basic filing fees
Same day service meaning no later than the close of
						  business on the day on which the work request is delivered to the Filing
						  Office, provided such request is delivered no later than 12:30 P.M. on a
						  business day
$ 50.00, charged in addition to the basic filing fee
8.5 business hours service means completion of a work
						  request no later than 8.5 business hours following receipt of the over the
						  counter request by the Filing Office on a business day
$ 15.00, charged in addition to the basic filing fees
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 5 - FACSIMILE FILING SERVICE › Section 17:35-5.1 - Filing service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Filing Office shall offer a facsimile
				filing service for any business entity or related document type submitted to
				the Filing Office, which the Filing Office determines is suitable for facsimile
				filing. This service may include the transmission of filed documents and
				related data to persons requesting such content. The Filing Office shall
				publish which filings and related data are suitable for facsimile filing, along
				with the approved facsimile filing methods, on its web site at
www.nj.gov/treasury/revenue
.
(b) The Filing Office shall designate all
				document types for inclusion in the facsimile filing service and publish a list
				of these document types that must be accessible through the Filing Office
				website site at
www.nj.gov/treasury/revenue
.
				The listing shall be updated periodically and include information on any
				alternative electronic filing methods, such as Internet filing, which may be
				used in place of facsimile filing.
(c) Documents delivered via the facsimile
				filing service may be processed as non-expedited work with no specific
				turnaround service level, or be processed on one of the following accelerated
				service levels: same work day received; within 8.5 business hours of receipt;
				one business-hour of receipt; or two business-hours of receipt. The service
				level shall be indicated on a covering communication approved by the Filing
				Office by persons who deliver the documents via the facsimile filing
				service.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 5 - FACSIMILE FILING SERVICE › Section 17:35-5.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter,
				  shall have the following meanings:
"Delivered" means submitted to the Filing Office via a
				  facsimile transmission in accordance with a format and processing method
				  approved by the Filing Office.
"Filing Office" means the Department of the Treasury,
				  Division of Revenue and Enterprise Services.
"Processed" means that a facsimile document submitted via a
				  facsimile transmission in accordance with a format and processing method
				  approved by the Filing Office that is reviewed by the Filing Office and
				  accepted or rejected with the appropriate acknowledgment being sent back to the
				  submitter, including, as applicable, a rejection notice or stamped copy of an
				  approved filing.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 5 - FACSIMILE FILING SERVICE › Section 17:35-5.3 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
Services pursuant to this subchapter shall be rendered as
				  soon as possible. However, turnaround times may extend beyond requested
				  accelerated service levels if the computer systems, or communications
				  devices/systems utilized by the Filing Office malfunction, or if the Filing
				  Office experiences other difficulties beyond its control, making a timely
				  response impossible. In such cases, upon resuming normal operations, the Filing
				  Office will process facsimile filing service requests on a first-in first-out
				  basis, in the following priority order: one business-hour; two business-hour;
				  same day; and 8.5 business hours. These requests will be given priority over
				  mail-in requests.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 5 - FACSIMILE FILING SERVICE › Section 17:35-5.4 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
The fees for facsimile filing services shall be: $ 15.00 for
				  each 8.5 business hours request; $ 50.00 for each same day service request; $
				  1,000 for each one-business-hour service request; and $ 500.00 for each
				  two-business-hour service request. The filing fee shall be in addition to the
				  basic statutory filing fee usually charged for filing a
				  document.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES › Subchapter 5 - FACSIMILE FILING SERVICE › Section 17:35-5.5 - Methods of payment for facsimile filing service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				fees assessed pursuant to this subchapter may be paid via a pre-paid deposit
				account, provided the delivery process allows for the use of such accounts, or
				charged against a major credit card held by the service user. An electronic
				method approved by the Filing Office is also an acceptable payment method.
1. When a credit card or electronic payment
				method acceptable to the Filing Office is utilized as a method of payment, the
				user may be charged a separate fee to cover reasonable service fees that are
				incurred in processing the credit card or electronic payment.
2. Major approved credit cards for purposes
				of this subchapter shall be designated by the Filing Office.