reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0710 - License Directory Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Scope.
(a) All state and local agencies that
			 issue licenses, permits and registrations for which fees and fee-related
			 regulations are imposed on small businesses must report the information
			 designated in this section to the Secretary of State.
(b) All state and local agencies that issue
			 licenses, permits and registrations for which fees and fee-related regulations
			 are imposed on any business may report the information designated in this
			 section to the Secretary of State.
(c) Additional relevant information may also
			 be reported.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0720 - License Information Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each agency identified in OAR
			 160-010-0710(1)(a)
 
			 must report the information required by that section to the Secretary of State
			 annually.
(2) The information for
			 a given year shall be reported at any time from June 1 through August 31 of
			 that year.
(3) All information
			 that is reported for a given year must be valid for July 1st of that
			 year.
Stat. Auth.: 2013 OL Ch. 580, Sec. 1(4)
Stats. Implemented: 2013 OL Ch.
				  580
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used in these filing-office rules but not defined in this
				section that are defined in the UCC must have the respective meanings accorded
				such terms in the UCC.
(1) "Active
			 record" means an initial filing that has not yet lapsed on its lapse date, or a
			 continuation that has not lapsed, and any lapsed filing up to the first
			 anniversary of its lapse date.
(2)
			 "Address" means either:
(a) A street address,
			 route number (may include box) or PO Box number plus the city, state and zip
			 code; or
(b) An address that
			 purports to be a mailing address outside the United States of America.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0102 - Search Request Delivery

Current through Register Vol. 63, No. 7, July 1, 2024
UCC search requests may be delivered to the filing office by
				any of the means by which UCC records may be delivered to the filing office. A
				search request may not be delivered by checking a box or otherwise including a
				search request in or on an initial financing statement, but may be delivered in
				or on a separate search request after the initial financing statement is
				filed.
Stat. Auth.: ORS 79.0526
Stats. Implemented: ORS
				  79.0523
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0103 - Forms

Current through Register Vol. 63, No. 7, July 1, 2024
Acceptable forms. In addition to the forms outlined in ORS
				79.0521(1), the
				Secretary of State shall accept for filing only the standard forms approved for
				use by the International Association of Commercial Administrators up to July 1,
				2013, and the current forms available from the Secretary of State's
				website.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0515 &
				  79.0521
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0104 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Filing fee. The
			 fee for filing and indexing a UCC record is prescribed in ORS Ch. 79.525(1).
			 However, if the UCC record is rejected, the submission of the record shall be
			 deemed a filing in accordance with
			 79.0516, and the accompanying
			 fee shall therefore be nonrefundable.
(2) UCC search fee. The fee for a UCC debtor
			 name search request is $10 as prescribed in ORS Ch. 79.525(3).
(3) UCC search - copies. The fee for a UCC
			 debtor name search request with copies is $15 as prescribed in ORS Ch.
			 79.525(3).
(4) UCC search -
			 certified copies. The fee for certified copies is $15 per document
			 number.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0525
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0105 - Methods of Payment

Current through Register Vol. 63, No. 7, July 1, 2024
Filing fees and fees for public records services may be paid by
				the following methods.
(1) Cash.
			 Payment in cash shall be accepted if paid in person at the filing
			 office.
(2) Checks. Personal
			 checks, cashier's checks and money orders made payable to the filing office
			 shall be accepted for payment provided that the drawer (or the issuer in the
			 case of a cashier's check or money order) is deemed creditworthy by the filing
			 office in its discretion.
(3)
			 Electronic funds transfer. The filing office may 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.
(4) Debit and/or credit cards. The filing
			 office shall accept payment by debit cards and credit cards issued by approved
			 issuers. Remitters shall provide the filing officer with the card number and
			 the expiration date of the card. Payment will not be deemed tendered until the
			 issuer or its agent has confirmed payment.
(5) Prepaid account. A remitter may open an
			 account for prepayment of fees associated with summaries of records by
			 submitting an application prescribed by the filing officer and prepaying the
			 appropriate weekly or monthly fee per file, according to the schedule found in
			 OAR 160-040-0107. The remitter will be sent a monthly statement of the
			 deductions from their account.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0525
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0106 - Summaries of Records

Current through Register Vol. 63, No. 7, July 1, 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 records and copies
				of data from the UCC information management system.
(1) Individually identified records. Copies
			 of individually identified UCC records are available in paper format.
(2) Bulk copies of records. Bulk
			 copies of UCC records are available by weekly subscription.
(3) Data from the UCC information management
			 system. A list of available data elements from the UCC information management
			 system, and the file layout of the data elements, is available from the filing
			 officer upon request. Data from the UCC information management system is
			 available as follows.
(a) Full extract. A
			 bulk data extract of information from the UCC information management system is
			 available. The UCC Active Filing List contains all active UCC filings, and is
			 provided weekly or monthly by subscription.
(b) New Filing lists. The UCC New Filings
			 List is provided weekly or monthly by subscription.
(c) Custom Extracts. Specialized searches on
			 data stored in the UCC database. Custom searches are limited to one secured
			 party name per search fee. Requests for information based on cities or zip
			 codes is limited to 5 cities or 5 zip codes per search fee. Information on
			 custom searches will be provided in tab delimited text format or MS Excel by
			 FTP or by e-mail.
(d) Format.
			 Extracts from the UCC information management system are available in the
			 following formats.
(A) FTP - Bulk UCC image
			 extracts (.tif) and UCC Data extracts (tab-delimited text - .txt).
(B) E-Mail - UCC New Filings List & UCC
			 Custom Search (tab delimited text -.txt).
(C) Internet Download - Bulk UCC image
			 extracts (.tif) and UCC Data extracts (tab-delimited text - .txt).
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0107 - Fees for Summaries of Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Bulk copies of records. In accordance with ORS Ch.
			 79.0523(6),
			 copies of UCC filings may be provided at $20 per week.
(2) Data from the UCC information management
			 system.
(a) Full extract. The UCC Active
			 Filing List fee for this subscription is $200 per extract
(b) New Filing Lists. The UCC New Filing List
			 fees are $15 each.
(c) Custom
			 extracts. The UCC Custom Search fee shall be $50 per search paid in
			 advance.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0200 - Role of Filing Officer

Current through Register Vol. 63, No. 7, July 1, 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 record pursuant to these rules, the filing
				officer does not:
(1) Determine the
			 legal sufficiency or insufficiency of a record.
(2) Determine that a security interest in
			 collateral exists or does not exist.
(3) Determine that information in the record
			 is correct or incorrect, in whole or in part.
(4) Create a presumption that information in
			 the UCC record is correct or incorrect, in whole or in part.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS 79.516, 79.519,
				  79.520
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0201 - Time for Filing a Continuation Statement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) First day permitted. The first day on
			 which a continuation statement may be filed is the date six months before the
			 lapse date of the current financing statement.
(2) Last day permitted. The last day on which
			 a continuation statement may be filed is the date upon which the related
			 financing statement lapses.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0515
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0202 - Rejection Reasons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The reasons for
			 rejecting a filing submitted to the filing officer shall be those listed in
			 Oregon Revised Statute Ch.
			 79.0516 and as delineated in the
			 Jurisdictions Guidelines for Accepting a UCC Record for Filing Chart, published
			 by the International Association of Commercial Administrators.
(2) For the purposes of ORS
			 79.0516(2)(h),
			 collateral "within the scope of this chapter" shall include:
(a) Interest accounts (79.0310);
(b) Tangible chattel paper (79.0312);
(c) Electronic chattel paper (79.0312);
(d) Commercial tort claim (79.0310);
(e) Certain consumer goods interests
			 (79.0310);
(f) Negotiable documents (79.0312);
(g) Equipment (79.0310);
(h) Farm products (79.0310);
(i) Certain general intangible transactions
			 (79.0310);
(j) Instruments (79.0312);
(k) Inventory (79.0310);
(l) Interests in investment property created
			 by debtor other than broker or intermediary (79.0312).
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0203 - Procedure Upon Refusal

Current through Register Vol. 63, No. 7, July 1, 2024
If the filing officer finds grounds to refuse a UCC record,
				communication of the refusal, the reason(s) for the refusal and other related
				information will be made to the Remitter as soon as practicable and in any
				event within two business days after the refused UCC record was received by the
				filing office, by the same means as the means by which such UCC record was
				delivered to the filing office, or by mail or such more expeditious means as
				the filing office shall determine.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0520
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0204 - Refusal Errors

Current through Register Vol. 63, No. 7, July 1, 2024
If a secured party or a remitter demonstrates to the
				satisfaction of the filing officer that a UCC record that was refused for
				filing should not have been refused, the filing officer will file the UCC
				record with the filing date and time the UCC record was originally tendered for
				filing. The filing officer shall also file a filing officer statement noting
				when and why the record was changed.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0520
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0205 - Notification of Defects

Current through Register Vol. 63, No. 7, July 1, 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 record, 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.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0520
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0300 - Policy Statement

Current through Register Vol. 63, No. 7, July 1, 2024
The filing officer uses a UCC information management system to
				store, index, and retrieve information relating to financing statements. The
				UCC information management system includes an index of the names of debtors
				included on financing statements that are active records. The rules in this
				section describe the UCC information management system.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0519
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0301 - Primary Data Elements

Current through Register Vol. 63, No. 7, July 1, 2024
The primary data elements used in the UCC information
				management system are the following.
(1) Identification numbers.
(a) Initial financing statements. Each
			 initial financing statement is identified by its file number. Identification of
			 the initial financing statement is stamped on written UCC records or otherwise
			 permanently associated with the record maintained for UCC records in the UCC
			 information management system. A record is created in the UCC 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.
(b) Other UCC records. A UCC record other
			 than an initial financing statement is identified by a unique file number
			 assigned by the filing officer. In the UCC information management system,
			 records of all UCC records other than initial financing statements are linked
			 to the record of their related initial financing statement.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0302 - Individual Debtor Names

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of these rules, an "individual debtor name" is any
				name provided as a debtor name in a UCC record in a format that identifies 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.
(1) Individual name fields.
			 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 names(s)/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 surname field. The filing officer assumes no responsibility for the
			 accurate designation of the components of a name but shall accurately enter the
			 data in accordance with the filer's designations.
(2) Titles, prefixes and suffixes. Titles,
			 prefixes (e.g. "Ms.") and suffixes or indications of status (e.g. "M.D.") are
			 not typically part of a debtor's name. Suffixes used to distinguish between
			 family members with identical names (e.g., "JR.") should be provided in the
			 Suffix field. However, when entering a "name" into the UCC information
			 management system, the data will be entered exactly as they appear.
(3) Extended debtor name field. The Financing
			 Statement form has limited space for individual debtor names. 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 debtor information in item 1
			 and/or item 2 in the record includes an Addendum that provides a debtor name in
			 item 10.
(4) Truncation -
			 individual names. Personal name fields in the UCC database are fixed in length.
			 Although filers should continue to provide full names on their UCC records, a
			 name that exceeds the fixed length is entered as presented to the filing
			 officer, up to the maximum length of the data entry field. The length of data
			 entry name fields are as follows.
(a)
			 Surname: 40 characters.
(b) First
			 Personal Name: 20 characters.
(c)
			 Additional name(s)/initial(s): 40 characters.
(d) Suffix: 10 characters.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0303 - Organization Debtor Names

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of these rules, an "organization debtor name" is
				any name provided as a debtor name in a UCC record in a format that identifies
				the name as that of a debtor who is an organization, without regard to the
				nature or character of the name or to the nature or character of the actual
				debtor.
(1) Single field. Organization
			 debtor names are stored in files that include only organization debtor names
			 and not individual debtor names. A single field is used to store an
			 organization debtor name.
(2)
			 Truncation organization names. The organization debtor name field in the UCC
			 database is fixed in length. The maximum length is 250 characters. Although
			 filers should continue to provide full names on their UCC records, a name that
			 exceeds the fixed length is entered as presented to the filing officer, up to
			 the maximum length of the organization debtor name field.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0519
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0304 - Estates

Current through Register Vol. 63, No. 7, July 1, 2024
Collateral being administered by a Decedent's Personal
				Representative. The debtor name to be provided on a financing statement when
				the collateral is being administered by a decedent's personal representative in
				the name of the relevant decedent. In order for the UCC 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.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.519
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0305 - Trusts

Current through Register Vol. 63, No. 7, July 1, 2024
Collateral held in a Trust. 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 settlor. In
				order for the UCC information management system to function in accordance with
				the usual expectations of filers and searchers, the name of a trust or of a
				settlor that is an organization should be provided as an organization debtor
				name, and the name of a settlor who is an individual should be provided as an
				individual 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.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.519
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0306 - Initial Financing Statement

Current through Register Vol. 63, No. 7, July 1, 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.
(1) 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 record names an assignee, the secured
			 party/assignor shall not be a secured party of record and the secured
			 party/assignee shall be a secured party of record.
(2) Status of debtor. Each debtor name
			 provided by the initial financing statement shall be indexed in the UCC
			 information management system so long as the financing statement is an Active
			 Record.
(3) Status of financing
			 statement. The financing statement shall be an Active Record. A lapse date
			 shall be calculated, five years from the file date, unless (i) the initial
			 financing statement indicates as provided in rule 0306(4) that it is filed with
			 respect to a public-financing transaction in which case the lapse date shall be
			 thirty years from the file date, or (ii) the initial financing statement
			 indicates as provided in rule 0306(4) that it is filed against a transmitting
			 utility, in which case there shall be no lapse date.
(4) Transmitting utility and public-finance
			 transactions. The only means to indicate to the filing office that an initial
			 financing statement is being filed in connection with a public-finance
			 transaction, or that a financing statement is being or has been filed against a
			 debtor that is a transmitting utility, to affect the filing office's
			 determination of the lapse date under rule 0306(3) or 0307, is to so indicate
			 by checking the appropriate box on a UCC1 initial financing
			 statement.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0519
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0307 - Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
Amendments generally. Upon the filing of an amendment the
				status of the parties shall be unchanged, except that in the case of an
				amendment that adds a debtor or a secured party, the new debtor or secured
				party shall be added to appropriate index and associated with the record of the
				financing statement in the UCC information management system. Notwithstanding
				the filing of an amendment that deletes a debtor or a secured party from a
				financing statement, no debtor or secured party of record is deleted from the
				UCC information management system. A deleted secured party will still be
				treated by the filing office as a secured party of record as the filing office
				cannot verify the effectiveness of an amendment. In general, the filing of an
				amendment does not affect the status of the financing
				statement.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0512
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0308 - Assignment of Powers of Secured Party of Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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.
(2) Status of financing
			 statement. An assignment shall have no effect upon the status of the financing
			 statement.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0514
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0309 - Continuation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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
			 extended for five years.
(2) Status
			 of parties. The filing of a continuation shall have no effect upon the status
			 of any party to the financing statement.
(3) Status of financing statement. Upon the
			 filing of a continuation statement, the status of the financing statement
			 remains active.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0510 &
				  79.0526
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0310 - Termination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Status of
			 parties. The filing of a termination shall have no effect upon the status of
			 any party to the financing statement.
(2) 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 UCC information management
			 system until the lapse date, and accessible until one year after it
			 lapses.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0510 &
				  79.0526
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0311 - Information Statement

Current through Register Vol. 63, No. 7, July 1, 2024
The filing of an information statement shall have no effect
				upon the status of any party to the financing statement, the status of the
				financing statement or to the information maintained in the UCC information
				management system.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0518
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0312 - Filing Officer Statement

Current through Register Vol. 63, No. 7, July 1, 2024
A filing officer statement affects the status of parties and of
				the relevant financing statement as provided in the corrective action described
				as having been taken in the filing officer statement.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS 79.515 &
				  79.526
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0400 - Lapse Date and Time

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Procedure Upon Lapse. If there is no timely filing of a continuation with
			 respect to a financing statement, the financing statement lapses on its lapse
			 date and the UCC information management system renders or is caused to render
			 the financing statement inactive. On the first anniversary of such lapse date,
			 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 UCC information management system.
(2) Lapse Date and Time. 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 timely continuation statement is filed,
			 but if the initial financing statement indicates that it is filed with respect
			 to a public finance 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 the end of the business day 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.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS 79.515 &
				  79.526
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0401 - Errors of the Filing Officer

Current through Register Vol. 63, No. 7, July 1, 2024
The filing office may correct the data entry and indexing
				errors of filing officer personnel in the UCC information management system at
				any time. If the correction occurs after the filing officer has issued a
				certification date that includes the filing date of the corrected document, the
				filing officer shall enter a filing officer statement in the UCC information
				management system identifying the record to which it relates, stating the date
				of the correction, and explaining the nature of the corrective action taken.
				The record shall be preserved as long as the record of the initial financing
				statement is preserved in the UCC information management
				system.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0515
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0402 - Data Entry of Names

Current through Register Vol. 63, No. 7, July 1, 2024
A filing should designate whether a name is a name of an
				individual or an organization. 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.
(1) Organization names. Organization names
			 are entered into the UCC information management system exactly as set forth in
			 the UCC record, even if it appears that multiple names are set forth in the
			 record or if it appears that the name of an individual has been included in the
			 field designated for an organization name.
(2) Individual names. On a form that
			 designates separate fields for surname, first personal name, additional
			 name(s)/initial(s) and any suffix, the filing officer enters the names into the
			 surname, first personal name, additional name(s)/initial(s) and suffix fields
			 in the UCC information management system exactly as set forth on the form.
(3) If a UCC record is tendered
			 that provides characters not permitted under rule 0101(6), and the filing
			 office nevertheless accepts the form for filing, the filing office will
			 substitute in its UCC information management system, for each such character,
			 the character of the English alphabet A-Z, and symbols found on a standard
			 QWERTY keyboard, that is its closest visual counterpart.
Example:
an "e" will be entered as an "e". A
				"¿" will be entered as a "?". "©" would not be entered at all and
				the filing will be rejected.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0519
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0403 - Notice of Bankruptcy

Current through Register Vol. 63, No. 7, July 1, 2024
The filing officer shall take no action upon receipt of a
				notification, formal or informal, of a bankruptcy proceeding involving a debtor
				named in the UCC information management system. Accordingly, financing
				statements will lapse as scheduled unless properly continued.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0522
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0404 - Redaction of Certain Information

Current through Register Vol. 63, No. 7, July 1, 2024
The filing officer is obliged to redact certain information
				from the information it provides to searchers and bulk data purchasers in
				accordance with ORS 56.037. Such information should
				not be included in UCC records and will be redacted in accordance with such
				laws.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  56.037
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0500 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The filing officer maintains for public inspection a searchable
				index for all Active Records in the UCC information management system. Active
				Records will be retrievable by the name of the debtor or by the file number of
				the related initial financing statement, and each Active Record related to an
				initial financing statement is retrieved with the initial financing statement
				using either retrieval method.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0523
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0501 - Search Requests

Current through Register Vol. 63, No. 7, July 1, 2024
Search requests - required information. Search requests shall
				include the following:
(1) Name
			 searched. A search request must set forth the name of the debtor to be searched
			 using designated fields for organization and individual surname, first personal
			 name and additional name(s)/initial(s). A search request will be processed
			 using the data and designated fields exactly as submitted, including the
			 submission of no data in a given field, without regard to the nature or
			 character of the debtor that is the subject of the search.
(2) Requesting party. The name and address of
			 the person to whom the search results is to be sent.
(3) Fee. The appropriate fee shall be
			 tendered by a method described in rule 160-040-0104.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0523
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0502 - Search Requests - Optional Information

Current through Register Vol. 63, No. 7, July 1, 2024
A UCC search request may contain any of the following
				information.
(1) Copy request. The
			 request may ask for copies of UCC records identified on the primary search
			 response.
(2) Mode of delivery. A
			 search request may specify a mode of delivery for search results and that
			 request will be honored if the requested mode is made available by the filing
			 office, and all requisite fees are tendered.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0523
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0504 - Notice of Changes

Current through Register Vol. 63, No. 7, July 1, 2024
Changes in standard search logic. If the filing office changes
				its standard search logic or the implementation of its standard search logic in
				a manner that could alter search results, the filing office will provide public
				notice of such change.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0506,
				  79.0523
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0505 - Search Responses

Current through Register Vol. 63, No. 7, July 1, 2024
Reports created in response to a search request shall include
				the following.
(1) Filing officer.
			 Identification of the filing officer responsible for search report.
(2) Report date. The date and time the report
			 was generated.
(3) Name searched.
			 Identification of the name searched.
(4) Search string. Normalized name as
			 provided in 160-240-0503.
(5)
			 Unique search report identification number. Unique number which identifies the
			 search report.
(6) Through date.
			 The date at or prior to which a UCC record must have been filed with the filing
			 office in order for it to be reflected on the search.
(7) Copies. Copies of all UCC records
			 revealed by the search and requested by the searcher. Copies of all UCC records
			 retrieved by the search will reflect any redaction of personal identifying
			 information required by law.
Stat. Auth.: ORS
				  79.0526
Stats. Implemented: ORS
				  79.0523
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0506 - Search Report

Current through Register Vol. 63, No. 7, July 1, 2024
The search report shall contain the following.
(1) Identification of financing statement.
			 Identification of each initial financing statement, including a listing of all
			 related amendments, information statements, or filing officer notices, filed on
			 or prior to the through date corresponding to the search criteria (including
			 whether the searcher has requested Active Records or only Unlapsed Records).
			 Financing statement information shall include, but is not limited to the
			 following:
(a) Initial financing statement
			 file number. The initial financing statement file number.
(b) Initial financing statement filing date.
			 The date it was filed.
(c) Lapse
			 date. Provide lapse date as calculated as of the through date established under
			 rule 505(5).
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 40 - UNIFORM COMMERCIAL CODE - ARTICLE 9 › Section 160-040-0507 - Renewal Report

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				79.0515, a renewal notice report
				will be posted on the Corporation Division website twice a year: January 1 and
				July 1.
(1) The renewal notice report
			 shall contain the following:
(a) Secured party
			 name and address;
(b) Filing/lien
			 number;
(c) Lien type:
(A) UCC;
(B) EFS; or
(C) Revenue warrants;
(d) Lapse date; and
(e) Debtor name.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0100 - Definitions and Abbreviations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "APL": Agricultural Produce Lien
(2) "ASL": Agricultural Services
			 Lien.
(3) "GPL": Grain Producer's
			 Lien
(4) "Standard Form": Those
			 forms approved by the Secretary of State's Office for use in the ASL system.
			 The approval specifications include the content, layout, and manner of
			 printing. Forms that do not meet every criterion may not be considered standard
			 forms.
(5) "UCC": Uniform
			 Commercial Code.
Stat. Auth.: ORS
				  87.226; ORS
				  87.246; ORS
				  87.346, OL 2001 Ch. 301 Sec. 26,
				  & ORS 87.767
Stats. Implemented: ORS
				  87.226; ORS
				  87.705; & ORS
				  87.755
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0110 - Statutory Lien Standard Forms

Current through Register Vol. 63, No. 7, July 1, 2024
The following forms have been approved by the Secretary of
				State as the standard forms for general use in filing statements. These forms
				are available through the Secretary of State's web site and by fax. Some may
				also be purchased from publishers of legal forms.
(1) Agricultural Services Lien
(a) Notice of Claim of Agricultural Services
			 Lien -- Farm Labor, Services, Materials.
(b) Certificate of Satisfaction of
			 Agricultural Services Lien.
(c)
			 Cessation Form.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0115 - Statutory Lien Attestation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 written notice of claim of lien, as described in ORS
			 87.242(2),
			 shall include a statement verified by an attestation under penalty of
			 perjury.
(2) The form of the
			 attestation shall be signed by the lien claimant, and shall include the
			 following sentence in prominent letters immediately above the signature of the
			 lien claimant: "I hereby declare that the above statement is true to the best
			 of my knowledge and belief, and that I understand it is made for use as
			 evidence in court and is subject to penalty for perjury."
Stat. Auth.: ORS
				  87.246
Stats. Implemented: ORS
				  87.242
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0130 - Statutory Filing Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 filing officer is not required to determine if a lien is properly prepared or
			 presented to the appropriate filing officer. This is the sole responsibility of
			 the individual filing the lien.
(2)
			 All forms filed with a UCC filing officer must comply with all information
			 requirements and include all required fees and signatures.
(3) A filing officer is not required to
			 determine if an Agricultural Produce Lien is filed for extension within the
			 dates specified by ORS
			 87.710.
(4) Statutory Liens filed with the Secretary
			 of State's office shall use the forms listed in OAR 160-050-0110.
Stat. Auth.: ORS
				  87.242, ORS
				  87.346, ORS
				  87.710, ORS
				  87.735, ORS
				  87.762, ORS
				  87.777, ORS
				  465.335 & ORS
				  466.835
Stats. Implemented: ORS
				  87.242, 2001 OL Ch. 301 Sec. 2,
				  ORS 87.762, ORS
				  465.335 & ORS
				  466.835
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0140 - Statutory Lien Filing and Search Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Statutory Lien filing fees are:
(a) Agricultural Produce Lien:
(A) Notice of Claim of Agricultural Produce
			 Lien - $15 per form;
(B)
			 Certificate of Satisfaction of Agricultural Produce Lien - No Charge.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0160 - Statutory Lien Miscellaneous Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to debtor name based search
			 requests and summaries, the Secretary of State, Corporation Division, Uniform
			 Commercial Code Section may provide other information retrieval and research
			 services:
(a) The fees for research service
			 shall be $20 per hour based on actual costs incurred. Amounts of less than one
			 hour shall be charged in 1/2 hour increments;
(b) The fee for research service computer
			 printouts shall be $1 per page.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0165 - Statutory Lien Duration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Agricultural Services Lien
. Unless made inactive by a Certificate
			 of Satisfaction filing, an ASL shall remain in the index maintained by the
			 secretary for financing statements for two years from the date of its filing
			 with that office.
(2)
Agricultural Produce Lien
. Unless made inactive by a Certificate
			 of Satisfaction filing, an APL shall remain in the index maintained by the
			 secretary for financing statements for one year from the date of its filing
			 with that office.
(3)
Grain
			 Producer's Lien
. Unless made inactive by a Certificate of Satisfaction
			 filing, a GPL shall remain in the index maintained by the secretary for
			 financing statements for two years from the date of its filing with that
			 office.
Stat. Auth.: ORS
				  87.246; 2001 OL Ch. 301 Sec. 2
				  & ORS 87.767
Stats. Implemented: ORS
				  87.266; 2001 OL Ch. 301 Sec. 3
				  & ORS 87.762.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 50 - UNIFORM COMMERCIAL CODE › Section 160-050-0180 - Oregon Farm Products Central Filing System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Oregon Farm Products Central Filing
			 System is a statewide filing system that permits the registering of a security
			 interest in farm products by filing an effective financing statement (EFS) with
			 the Office of the Secretary of State.
(2) Within the context of the Oregon Farm
			 Products Central Filing System, farm products means an agricultural commodity
			 including but not limited to wheat, corn, soybeans, or a species of fish or
			 livestock such as cattle, hogs, sheep, horses, or poultry used or produced in
			 farming operations, or a product of such crop, fish or livestock in its
			 unmanufactured state, including but not limited to wool clip, milk and eggs,
			 that is in the possession of a person engaged in farming operations.
(3) In Oregon, the effective financing
			 statement does not create a security interest in the farm products. It is not
			 the same as a financing statement or security agreement filed under the Uniform
			 Commercial Code laws. The effective financing statement is a document that
			 meets the requirements of
			 Section
			 1324 of
			 Public Law
			 99-198.
(4) The secured party must submit a UCC
			 filing under ORS Chapter 79 to perfect a security interest in farm
			 products.
Stat. Auth.: ORS
				  79.6020(4),
				  79.6020(5)
				  & 79.6030
Stats. Implemented: ORS
				  79.6030