reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.8 - SINGULAR AND PLURAL FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
Singular nouns shall include the plural form, and plural
				  nouns shall include the singular form, unless the context otherwise
				  requires.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.9 - PLACE TO FILE

Current through Register Vol. 35, No. 13, July 16, 2024
The filing office is the office for filing UCC documents
				  relating to all types of collateral except for timber to be cut, as-extracted
				  collateral (Section 55-9-102(a)(6) NMSA 1978) and, when the relevant financing
				  statement is filed as a fixture filing, goods which are or are to become
				  fixtures. Regardless of the nature of the collateral, the filing office is the
				  office for filing all UCC documents where the debtor is a transmitting
				  utility.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.10 - FILING OFFICE IDENTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the promulgation of these rules, the filing
				  office will disseminate information of its location, mailing address, telephone
				  and fax numbers, and its internet and other electronic "addresses" through
				  usual and customary means.
A.
				Addresses to file.
(1) Via postal service:
				Office of the Secretary of State, State Capitol North - Suite 300, 325 Don
				Gaspar, Santa Fe, New Mexico 87501.
(2) Via courier service: Office of the
				Secretary of State, State Capitol North - Suite 300, 325 Don Gaspar, Santa Fe,
				New Mexico 87501.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.11 - OFFICE HOURS

Current through Register Vol. 35, No. 13, July 16, 2024
Although the filing office maintains regular office hours, it
				  receives transmissions electronically and by telefacsimile 24 hours per day,
				  365 days per year, except for scheduled maintenance and unscheduled
				  interruptions of service. Electronic communications may be retrieved and
				  processed periodically (but no less often than once each day the filing office
				  is open for business) on a batch basis.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.12 - UCC DOCUMENT DELIVERY

Current through Register Vol. 35, No. 13, July 16, 2024
UCC documents may be tendered for filing at the filing office
				  as follows:
A. Personal delivery, at
				the filing office's street address. The file time for a UCC document delivered
				by this method is the time of delivery of the UCC document to the filing office
				(even though the UCC document may not yet have been accepted for filing and
				subsequently may be rejected). A UCC document delivered after regular business
				hours or on a day the filing office is not open for business will be given the
				same file time as UCC documents retrieved at the U.S. postal service on the
				next day the filing office is open for business.
B. Courier delivery, at the filing office's
				street address. The file time for a UCC document delivered by this method is
				the time of delivery of the UCC document to the filing office (even though the
				UCC document may not yet have been accepted for filing and subsequently may be
				rejected). A UCC document delivered after regular business hours or on a day
				the filing office is not open for business will be given the same file time as
				UCC documents retrieved at the U.S. postal service on the next day the filing
				office is open for business.
C.
				Postal service delivery, to the filing office's mailing address. Because mail
				addressed to the filing office is not delivered by the U.S. postal service to
				the filing office but must be retrieved by the filing office at the postal
				service, the file time for a UCC document delivered by this method is 8:00 a.m.
				(even though the UCC document may not yet have been accepted for filing and may
				be subsequently rejected). A UCC document delivered after regular business
				hours or on a day the filing office is not open for business will be given the
				same filing time as UCC documents retrieved at the U.S. postal service on the
				next day the filing office is open for business.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.14 - APPROVED FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
National standard forms for UCC documents as approved by the
				  international association of corporation administrators (IACA) are designated
				  as the standard forms for filing a written financing statement and amendment.
				  These standard forms are provided in Section
				  55-9-521
				  NMSA 1978 and are available to the public at the filing office's web site at
www.sos.state.nm.us
.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.16 - FORMS SUPPLIERS

Current through Register Vol. 35, No. 13, July 16, 2024
The filing office will make lists of forms suppliers
				  available to prospective filers and remitters upon request.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.17 - FILING FEES

Current through Register Vol. 35, No. 13, July 16, 2024
The fees to file UCC documents as set forth in Chapter 55,
				  Article 9, Section 525 NMSA 1978 are as follows.
A. For UCC documents communicated in writing
				on a form prescribed by the filing office, the fee for filing and indexing a
				UCC document of one, two or three pages is $20.00. For a UCC document of at
				least 4 pages but no more than 25 pages, the fee is $40.00. If the total number
				of pages exceeds 25 pages, the fee is $100.00 plus $5.00 for each page which
				exceeds 25 pages. For filings transmitted electronically, the fee is $10.00 if
				the record consists of fifteen thousand or fewer bytes. If the record exceeds
				fifteen thousand bytes, the fee is $20.00.
B. For UCC documents communicated in writing
				but not on a form prescribed by the filing office, the fee is double those
				identified in Subsection A of this section for a record of the same
				length.
C. Additional fees. In
				addition to the fees set forth in Subsections A and B of this section, a fee of
				$100.00 shall be paid for an initial financing statement that indicates that it
				is filed in connection with a manufactured-home transaction, and a fee of
				$100.00 shall be paid for an initial financing statement that indicates that a
				debtor is a transmitting utility.
D. An information statement is treated as
				information to an initial financing statement and is subject to the fees set
				forth in Subsections A, B and C of this section.
E. Copies. In addition to the fees identified
				in this section which are established by statute, the fee for copies of UCC
				records ordered from and provided by the filing office is $1.00 per
				page.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.19 - METHODS OF PAYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Filing fees and fees for public records services may be paid
				  by the following methods.
A. Cash. The
				filing officer discourages cash payment unless made in person at the filing
				office.
B. Checks. Checks made
				payable to the 'office of the secretary of state', including checks in an
				amount to be filled in by a filing officer but not to exceed a particular
				amount, will be accepted for payment. Although, if previous checks were
				returned unpaid, future payments from the same party must be made by cashiers
				checks, certified checks, or money orders.
C. Electronic funds transfer. The filing
				office will accept payment via electronic funds transfer under national
				automated clearing house association ("NACHA") rules from remitters who have
				entered into appropriate NACHA-approved arrangements for such transfers and who
				authorize the relevant transfer pursuant to such arrangements and
				rules.
D. Prepaid deposit account.
				A remitter may open an account for prepayment of filing fees. The filing
				officer will issue an account number to be used by a remitter who chooses to
				pay filing fees in advance. The filing officer shall deduct filing fees from
				the remitter's prepaid deposit account when authorized to do so by the
				remitter.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.20 - OVERPAYMENT AND UNDERPAYMENT POLICIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Overpayment. The filing office will not
				refund any amount of overpayment.
B. Underpayment. Upon receipt of a document
				with an insufficient fee, the filing officer will do one of the following.
(1) A notice of the deficiency will be sent
				to the remitter and the document shall be held for a period of 10 days from the
				date of the notice, in anticipation of receipt of the fee. Upon receipt of the
				fee, the document will be filed as of the time and date of receipt of the full
				filing fee. If the fee has not been received within 10 days of the date of the
				notice, the document will be returned to the remitter with a written
				explanation for the refusal to accept the document; or
(2) The document and the partial payment will
				be returned to the remitter as provided in 12.6.2.31 NMAC. If necessary, a
				refund of a partial payment will be delivered at a later date.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.21 - PUBLIC RECORDS SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Public records services are provided on a non-discriminatory
				  basis to any member of the public on the terms described in these rules. The
				  following methods are available for obtaining copies of UCC documents and
				  copies of data from the UCC information management system.
A. Individually identified documents. Copies
				of individually identified UCC documents are available in the following forms.
(1) By written request identifying the file
				number (plus microfilm number for records filed prior to January 1, 2001). The
				filing office will provide a form to request copies of filings on its web
				site.
(2) The filing office will
				provide scanned images of UCC records filed after June 30, 1998 on its web site
				at no charge.
(3) Bulk copies of
				documents. Bulk copies of UCC documents are available in the following forms.
(a) TIF images of records filed after June
				30, 1998 are available on CD-rom at $100.00 per disc.
(b) Indexed data are available on disc at
				$.10 per record.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.22 - FEES FOR PUBLIC RECORDS SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Fees for public records services are established as
				  follows.
A. Paper copies of individual
				documents.
(1) Regular delivery method - $1.00
				per page.
(2) Fax delivery - $1.00
				per page.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.23 - NEW PRACTICES AND TECHNOLOGIES

Current through Register Vol. 35, No. 13, July 16, 2024
The filing officer is authorized to adopt practices and
				  procedures to accomplish receipt, processing, maintenance, retrieval and
				  transmission of, and remote access to, Article 9 filing data by means of
				  electronic, voice, optical and/or other technologies, and, without limiting the
				  foregoing, to maintain and operate, in addition to or in lieu of a paper-based
				  system, a non-paper-based revised Article 9 filing system utilizing any of such
				  technologies.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.26 - ACCEPTANCE AND REFUSAL OF DOCUMENTS - POLICY STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The duties and responsibilities of the filing officer with
				  respect to the administration of the UCC are ministerial. In accepting for
				  filing or refusing to file a UCC document pursuant to these rules, the filing
				  officer does none of the following:
A.
				Determine the legal sufficiency or insufficiency of a document.
B. Determine that a security interest in
				collateral exists or does not exist.
C. Determine that information in the document
				is correct or incorrect, in whole or in part.
D. Create a presumption that information in
				the document is correct or incorrect, in whole or in part.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.27 - DUTY TO FILE

Current through Register Vol. 35, No. 13, July 16, 2024
Provided that there is no ground to refuse acceptance of the
				  document as described in
				  12.6.2.28
				  NMAC, a UCC document is filed upon its receipt by the filing officer with the
				  correct filing fee and the filing officer will promptly assign a file number to
				  the UCC document and index it in the information management
				  system.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.29 - GROUNDS NOT WARRANTING REFUSAL

Current through Register Vol. 35, No. 13, July 16, 2024
The sole grounds for the filing officer's refusal to accept a
				  UCC document for filing are enumerated in
				  12.6.2.28
				  NMAC. The following are examples of defects that do not constitute grounds for
				  refusal to accept a document. These are not a comprehensive enumeration of
				  defects outside the scope of permitted grounds for refusal to accept a UCC
				  document for filing.
A. Errors. The
				UCC document contains or appears to contain a misspelling or other apparently
				erroneous information.
B. Incorrect
				names.
(1) The UCC document appears to
				identify a debtor incorrectly.
(2)
				The UCC document appears to identify a secured party or a secured party of
				record incorrectly.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.30 - TIME LIMIT

Current through Register Vol. 35, No. 13, July 16, 2024
The filing officer shall determine whether criteria exist to
				  refuse acceptance of a UCC document for filing not later than the third
				  business day after the date the document would have been filed had it been
				  accepted for filing and shall index a UCC document not so refused within the
				  same time period.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.31 - PROCEDURE UPON REFUSAL

Current through Register Vol. 35, No. 13, July 16, 2024
If the filing officer finds grounds under
				  12.6.2.28
				  NMAC to refuse acceptance of a UCC document, the filing officer shall return
				  the document, if written, to the remitter along with the filing fee. The filing
				  office shall send a notice that contains the date and time the document would
				  have been filed had it been accepted for filing (unless such date and time are
				  stamped on the document), and a brief description of the reason for refusal to
				  accept the document under
				  12.6.2.28
				  NMAC. The notice shall be sent to a secured party or the remitter as provided
				  in Subsection C of 12.6.2. 200 NMAC no later than the third business day after
				  the filing office receives the document.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.32 - ACKNOWLEDGMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The filing officer shall submit to the filer or remitter a
				  filing acknowledgment which contains the file number of the filing, the date
				  and time of filing, the lapse date, and the names and addresses for debtors and
				  secured parties as data entered by the filing officer.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.33 - OTHER NOTICES

Current through Register Vol. 35, No. 13, July 16, 2024
Nothing in these rules prevents a filing officer from
				  communicating to a filer or a remitter that the filing officer noticed apparent
				  potential defects in a UCC document, whether or not it was filed or refused for
				  filing. However, the filing office is under no obligation to do so and may not,
				  in fact, have the resources to do so or to identify such defects. THE
				  RESPONSIBILITY FOR THE LEGAL EFFECTIVENESS OF FILING RESTS WITH FILERS AND
				  REMITTERS AND THE FILING OFFICE BEARS NO RESPONSIBILITY FOR SUCH
				  EFFECTIVENESS.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.34 - REFUSAL ERRORS

Current through Register Vol. 35, No. 13, July 16, 2024
If a secured party or a remitter demonstrates to the
				  satisfaction of the filing officer that a UCC document that was refused for
				  filing should not have been refused under
				  12.6.2.28
				  NMAC, the filing officer will file the UCC document as provided in these rules
				  with a filing date and time assigned when such filing occurs. The filing
				  officer will also file a filing officer statement (and such demonstration of
				  error shall constitute the secured party's authorization to do so) that states
				  that the effective date and time of filing is the date and time the UCC
				  document was originally tendered for filing, and sets forth such date and
				  time.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.127 - UCC INFORMATION MANAGEMENT SYSTEM - POLICY STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The filing officer uses an information management system to
				  store, index, and retrieve information relating to financing statements. The
				  information management system includes an index of the names of debtors named
				  on financing statements which have not lapsed. The rules in this section
				  describe the UCC information management system.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.128 - PRIMARY DATA ELEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The primary data elements used in the UCC information
				  management system are the following.
A. Identification numbers.
(1) Each initial financing statement is
				identified by its file number as described in Subsection E of 12.6.2.7 NMAC.
				Identification of the initial financing statement is entered on written UCC
				documents or otherwise permanently associated with the record maintained for
				UCC documents in the UCC information management system. A record is created in
				the information management system for each initial financing statement and all
				information comprising such record is maintained in such system. Such record is
				identified by the same information assigned to the initial financing
				statement.
(2) A UCC document other
				than an initial financing statement is identified by a unique file number
				assigned by the filing officer. In the information management system, records
				of all UCC documents other than initial financing statements are linked to the
				record of their related initial financing statement.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.129 - NAMES OF DEBTORS WHO ARE INDIVIDUALS

Current through Register Vol. 35, No. 13, July 16, 2024
For the purpose of these rules, an "individual debtor name"
				  is any name provided as a debtor name in a UCC record in a format that
				  indentifies the name as that of a debtor who is an individual, without regard
				  to the nature or character of the name or to the nature or character of the
				  actual debtor.
A. Individual name.
				Individual debtor names are stored in files that include only the individual
				debtor names, and not organization debtor names. Separate data entry fields are
				established for surnames (last or family names), first personal names (given),
				and additional name(s) or initial(s) of individuals. The name of a debtor with
				a single name (e.g., "Cher") is treated as a surname and shall be entered in
				the individual's surname field. The filing officer assumes no responsibility
				for the accurate designation of the components of a name but will accurately
				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
				entered in the UCC information management system. However, as provided in
				Subsection B of 12.6.2.205 NMAC, 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, as provided in
				12.6.2.205 NMAC, they will be entered into the information management system
				exactly as received.
D. Extended
				debtor name field. If any portion of the individual debtor name is too long for
				the corresponding field, the filer is instructed to check the box that
				indicates the name was too long and enter the name in Item 10 of the addendum
				Form UCC1AD. A filing officer shall not refuse to accept a financing statement
				that lacks the debtor's identifying information, provided the record includes
				this information in an addendum form.
E. Truncation - individual names. For records
				filed after June 30, 2001 but before March 26, 2003, personal name fields in
				the UCC database are fixed in length. Although filers provided full names on
				their UCC documents, a name that exceeded the fixed length was entered as
				presented to the filing officer, up to the maximum length of the data entry
				field. The length of data entry name fields are as follows.
(1) first name: 40 characters.
(2) middle name: 30 characters.
(3) last name: 80 characters.
(4) suffix: 10 characters.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.130 - NAMES OF DEBTORS THAT ARE ORGANIZATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the name of an organization who is a
				  debtor or a secured party on a UCC document.
A. Single 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 debtor field in the UCC database is fixed in length.
				The maximum length is 160 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.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.131 - COLLATERAL BEING ADMINISTERED BY A DECEDENT'S PERSONAL REPRESENTATIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The debtor name to be provided on a financing statement when
				  the collateral is being administered by a decedent's personal representative is
				  the name of the relevant decedent. In order for the information management
				  system to function in accordance with the usual expectations of filers and
				  searchers, the filer should provide the debtor name as an individual debtor
				  name. However, the filing office will enter data submitted by a filer in the
				  fields designated by the filer exactly as it appears in such
				  fields.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.132 - COLLATERAL HELD IN A TRUST

Current through Register Vol. 35, No. 13, July 16, 2024
The debtor name to be provided when the collateral is held in
				  a trust that is not a registered organization is the name of the trust as set
				  forth in its organic record(s), if the trust has such a name or, if the trust
				  is not so named, the name of the trust's settl or. In order for the information
				  management system to function in accordance with the usual expectations of
				  filers and searchers, the name of a trust or of a settl or that is an
				  organization should be provided as an organization debtor name, in each case
				  without regard to the nature or character of the debtor. Notwithstanding the
				  foregoing, the filing office will enter data submitted by a filer in the fields
				  designated by the filer exactly as it appears in such fields.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.133 - INITIAL FINANCING STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Upon the filing of an initial financing statement the status
				  of the parties and the status of the financing statement shall be as
				  follows.
A. Status of secured party.
				Each secured party named on an initial financing statement shall be a secured
				party of record, except that if the UCC document names an assignee, the secured
				party/assign or shall not be a secured party of record and the secured
				party/assignee shall be a secured party of record.
B. Status of debtor. The status of a debtor
				named on the document shall be active and shall continue as active until one
				year after the financing statement lapses.
C. Status of financing statement. The status
				of the financing statement shall be active. A lapse date shall be calculated,
				five years from the file date, unless the initial financing statement indicates
				that it is filed with respect to a manufactured-home transaction, in which case
				the lapse date shall be thirty years from the file date, or if the initial
				financing statement indicates that it is filed against a transmitting utility,
				in which case there shall be no lapse date. A financing statement remains
				active until one year after it lapses, or if it is indicated to be filed
				against a transmitting utility, until one year after it is terminated with
				respect to all secured parties of record.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.134 - AMENDMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Upon the filing of an amendment the status of the parties and
				  the status of the financing statement shall be as follows.
A. Status of secured party and debtor. An
				amendment shall affect the status of its debtor(s) and secured party(ies) as
				follows:
(1) Collateral amendment or address
				change. An amendment that amends only the collateral description or one or more
				addresses has no effect upon the status of any debtor or secured party. If a
				statement of amendment is authorized by less than all of the secured parties
				(or, in the case of an amendment that adds collateral, less than all of the
				debtors), the statement affects only the interests of each authorizing secured
				party (or debtor).
(2) Debtor name
				change. An amendment that changes a debtor's name has no effect on the status
				of any debtor or secured party, except that the related initial financing
				statement and all UCC documents that include an identification of such initial
				financing statement shall be cross-indexed in the UCC information management
				system so that a search under either the debtor's old name or the debtor's new
				name will reveal such initial financing statement and such related UCC
				documents. Such a statement of amendment affects only the rights of its
				authorizing secured party(ies).
(3)
				Secured party name change. An amendment that changes the name of a secured
				party has no effect on the status of any debtor or any secured party, but the
				new name is added to the index as if it were a new secured party of
				record.
(4) Addition of a debtor.
				An amendment that adds a new debtor name has no effect upon the status of any
				party to the financing statement, except the new debtor name shall be added as
				a new debtor on the financing statement. The addition shall affect only the
				rights of the secured party(ies) authorizing the statement of
				amendment.
(5) Addition of a
				secured party. An amendment that adds a new secured party shall not affect the
				status of any party to the financing statement, except that the new secured
				party name shall be added as a new secured party on the financing
				statement.
(6) Deletion of a
				debtor. An amendment that deletes a debtor has no effect on the status of any
				party to the financing statement, even if the amendment purports to delete all
				debtors.
(7) Deletion of a secured
				party. An amendment that deletes a secured party of record has no effect on the
				status of any party to the financing statement, even if the amendment purports
				to delete all secured parties of record.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.135 - ASSIGNMENT OF POWERS OF SECURED PARTY OF RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
A. Status of the parties. An assignment shall
				have no effect on the status of the parties to the financing statement, except
				that each assignee named in the assignment shall become a secured party of
				record.
B. Status of financing
				statement. An assignment shall have no effect upon the status of the financing
				statement.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.136 - CONTINUATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Continuation of
				lapse date. 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. Status
				of parties. The filing of a continuation shall have no effect upon the status
				of any party to the financing statement.
C. Status of financing statement. Upon the
				timely filing of a continuation statement, the status of the financing
				statement remains active.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.137 - TERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Status of
				parties. The filing of a termination shall have no effect upon the status of
				any party to the financing statement.
B. Status of financing statement. 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 Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.138 - INFORMATION STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Status
				of parties. The filing of an information statement shall have no effect upon
				the status of any party to the financing statement.
B. Status of financing statement. An
				information statement shall have no effect upon the status of the financing
				statement.
C. Filing information
				not affected. An information statement is only made a part of the record for
				informational purposes and cannot be used to amend or otherwise change filing
				information.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.139 - PROCEDURE UPON LAPSE

Current through Register Vol. 35, No. 13, July 16, 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 the filing office. On the first anniversary of such
				  lapse date, the information management system renders or is caused to render
				  the financing statement inactive and the financing statement will no longer be
				  made available to a searcher unless inactive statements are requested by the
				  searcher and the financing statement is still retrievable by the information
				  management system.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.167 - XML DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A remitter may be authorized for XML transmission upon the
				  written authorization of the filing officer. The filing officer may authorize a
				  remitter to engage in XML transmissions if the remitter holds an account for
				  the billing of fees by the filing officer and the filing officer determines,
				  after appropriate testing of transmissions in accordance with the filing
				  officer's specifications, that the remitter is capable of transmitting XML
				  documents in a manner that permits the filing officer to receive, index, and
				  retrieve the XML documents. The filing officer may suspend or revoke the
				  authorization when, in the filing officer's sole discretion, it is determined
				  that a remitter's transmissions are incompatible with the filing officer's XML
				  system. A request to be authorized to transmit XML documents shall be in
				  writing and delivered to the filing officer. Upon receipt of a request for
				  authorization, the filing officer shall provide the remitter with necessary
				  information on the requirements for XML transmission, including format, address
				  for transmission, and other necessary specifications.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.196 through 12.6.2.198 - DIRECT ON-LINE (NON-XML OR EDI) DATA ENTRY PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.199 - POLICY STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 12.6.2.199 NMAC through
				  12.6.2.215
				  NMAC contain rules describing the filing procedures of the filing officer upon
				  and after receipt of a UCC document. It is the policy of the filing officer to
				  promptly file a document that conforms to these rules. Except as provided in
				  these rules, data are transferred from a UCC document to the information
				  management system exactly as the data are set forth in the document. No effort
				  is made to detect or correct errors of any kind.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.200 - DOCUMENT INDEXING AND OTHER PROCEDURES BEFORE ARCHIVING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Date and time stamp. The date and time of
				receipt are noted on the document or otherwise permanently associated with the
				record maintained for a UCC document in the UCC information management system
				at the earliest possible time.
B.
				Cash management. Transactions necessary to payment of the filing fee are
				performed.
C. Document review. The
				filing office determines whether a ground exists to refuse the document under
				12.6.2.28.
(1) File stamp. If there is no
				ground for refusal of the document, the document is deemed filed and a unique
				identification number is entered on the document or permanently associated with
				the record of the document maintained in the UCC information management system.
				The sequence of the identification number is not an indication of the order in
				which the document was received.
(2) Correspondence. If there is a ground for
				refusal of the document, notification of refusal to accept the document is
				prepared as provided in 12.6.2.31 NMAC. If there is no ground for refusal of
				the document, an acknowledgment of filing is prepared as provided in 12.6.2.31
				NMAC. If the UCC document was tendered by EDI transmission or on-line access,
				such notice or acknowledgment is transmitted to the remitter by EDI
				transmission or on-line response by transmitting an identification known to the
				remitter of the UCC document filed as well as the information required by
				12.6.2.30 NMAC or 12.6.2.31 NMAC. Acknowledgment of filing or notice of refusal
				of a UCC document tendered by means other than personal delivery, EDI
				transmission or on-line transmission is sent to the secured party (or the first
				secured party if there are more than one) named on the UCC document or to the
				remitter if the remitter so requests by regular mail or by overnight courier if
				the remitter provides a prepaid waybill or access to the remitter's account
				with the courier.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.201 - FILING DATE AND FILING TIME

Current through Register Vol. 35, No. 13, July 16, 2024
The filing date and filing time of a UCC document is
				  determined by
				  12.6.2.12
				  NMAC.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.202 - LAPSE DATE AND TIME

Current through Register Vol. 35, No. 13, July 16, 2024
A lapse date is calculated for each initial financing
				  statement (unless the debtor is indicated to be a transmitting utility). The
				  lapse date is the same date of the same month as the filing date in the fifth
				  year after the filing date or relevant subsequent fifth anniversary thereof if
				  a timely continuation statement is filed, but if the initial financing
				  statement indicates that it is filed with respect to a manufactured-home
				  transaction, the lapse date is the same date of the same month as the filing
				  date in the thirtieth year after the filing date. The lapse takes effect at
				  midnight at the end of the lapse date. The relevant anniversary for a February
				  29 filing date shall be the March 1 in the fifth year following the year of the
				  filing date.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.203 - ERRORS OF THE FILING OFFICE

Current through Register Vol. 35, No. 13, July 16, 2024
The filing office may correct the errors of filing office
				  personnel in the UCC information management system at any time. If the
				  correction is made after the filing office has issued a through date for
				  verification of the key entry that includes the filing date of a corrected
				  document, the filing office shall enter a record (such as a filing officer
				  statement) relating to the relevant initial financing statement which will be
				  placed in the UCC information management system stating the date of the
				  correction and explaining the nature of the corrective action taken. The record
				  shall be preserved for so long as the record of the initial financing statement
				  is preserved in the UCC information management system. When correcting errors
				  made by filing office personnel, the filing office will correct the error(s)
				  that were brought to the attention of the filing office and identify the
				  error(s) which were corrected in the filing officer statement (the filing
				  office will not add new data to the record unless the error(s) brought forward
				  to the filing office was due to data not indexed which was included on the
				  original financing statement or an amendment).
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.204 - ERRORS OTHER THAN FILING OFFICE ERRORS

Current through Register Vol. 35, No. 13, July 16, 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 an
				  information statement.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.205 - DATA ENTRY OF NAMES - DESIGNATED FIELDS

Current through Register Vol. 35, No. 13, July 16, 2024
A filing should designate whether a name is a name of an
				  individual or an organization and, if an individual, also designates the
				  individual's surname, first personal name, additional name(s) or initial(s) and
				  suffix. When this is done, the following rules shall apply.
A. Organization names. Organization names are
				entered into the UCC information management system exactly as set forth in the
				UCC document, even if it appears that multiple names are set forth in the
				document or if it appears that the name of an individual has been included in
				the field designated for an organization name.
B. Individual names. On a form that
				designates separate fields for individual's surname, first personal name,
				additional name(s) or initial(s) and suffix, the filing officer enters the
				names into the individual's surname, first personal name, additional name(s) or
				initial(s) and suffix fields in the UCC information management system exactly
				as set forth on the form.
C.
				Designated fields encouraged. The filing office encourages the use of forms
				that designate separate fields for individual and organization names and
				separate fields for individual's surname, first personal name, additional
				name(s) or initial(s) and suffix. Such forms diminish the possibility of filing
				office error and help assure that filers' expectations are met. However, filers
				should be aware that the inclusion of names in an incorrect field or failures
				to transmit names accurately to the filing office may cause filings to be
				ineffective. All documents submitted through direct data entry or through EDI
				will be required to use designated name fields.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.207 - VERIFICATION OF DATA ENTRY

Current through Register Vol. 35, No. 13, July 16, 2024
The filing officer uses the following procedures to verify
				  the accuracy of data entry tasks. Visual inspection and dual data entry of data
				  entry is employed for data in the following fields except that dual data entry
				  is only utilized for debtor name fields.
A. Document identification fields.
B. Document type fields.
C. Name fields.
D. Address fields.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.208 - INITIAL FINANCING STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A new record is opened in the UCC information management
				  system for each initial financing statement that bears the file number of the
				  financing statement and the date and time of filing.
A. The name and address of each debtor that
				are legibly set forth in the financing statement are entered into the record of
				the financing statement. Each such debtor name is included in the searchable
				index and is not removed until at least one year after the financing statement
				lapses. The filing office may choose to make debtor names which have lapsed by
				more than a year available in the search index.
B. The name and address of each secured party
				that are legibly set forth in the financing statement are entered into the
				record of the financing statement.
C. The record is indexed according to the
				name of the debtor(s) and is maintained for public inspection.
D. A lapse date is established for the
				financing statement, unless the initial financing statement indicates it is
				filed against a transmitting utility, and the lapse date is maintained as part
				of the record.
E. In accordance
				with this rule, a record that is presented for filing and is identified as an
				"in lieu of" filing is processed the same as an initial financing
				statement.