reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter N - CANCELLATION OF REGISTRATION › Section 93.143 - Judicial Cancellation

Current through Reg. 49, No. 28; July 12, 2024
(a) The Secretary
				  of State is not a necessary party to any action or proceeding for the
				  cancellation of a trademark registered by the Secretary of State. The Secretary
				  of State will cancel a trademark registration upon receipt of a certified copy
				  of a final judgment brought by a district or appellate court or other court of
				  competent jurisdiction canceling the trademark or finding that:
(1) the registered mark has been
				  abandoned;
(2) the registrant is
				  not the owner of the mark;
(3) the
				  registration was granted improperly;
(4) the registration was obtained
				  fraudulently;
(5) the registered
				  mark is or has become the generic name for the goods and/or services, or part
				  of the goods and/or services, in connection with which the mark was registered;
				  or
(6) the registered mark is so
				  similar, as to be likely to cause confusion or mistake or to deceive, to a mark
				  that:
(A) is registered by another person in
				  the United States Patent and Trademark Office before the date the application
				  for registration was filed under Chapter 16 of the Business & Commerce
				  Code; and
(B) is not
				  abandoned.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter N - CANCELLATION OF REGISTRATION › Section 93.144 - Revocation of Registration, Renewal, Assignment or Recordation

Current through Reg. 49, No. 28; July 12, 2024
The Secretary of State may revoke the filing of an
					 application for registration, renewal of registration, or an assignment or
					 other instrument recorded in the trademark records of the Secretary of State if
					 the fee for the document was paid by an instrument or credit card that was
					 dishonored when presented by the state for payment. The Secretary of State will
					 mail notice of the revocation of the filing to the business address of the
					 registrant or the registrant's agent. A revocation is effective as of the date
					 of the filing of the document. Failure to give or receive notice does not
					 invalidate the revocation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter O - FEES › Section 93.151 - Recordation Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The Secretary of
				  State requires the following processing fees.
(1) Application for registration, per
				  class--$50.
(2) Application for
				  renewal of a trademark registration, per class--$25.
(3) Assignment of
				  registration--$25.
(4) Transfer of
				  ownership/change in registrant or applicant name--$10.
(5) Recording of other
				  instruments--$10.
(6) Change of
				  registrant address--no fee.
(7)
				  Voluntary cancellation of registration--no fee.
(8) Issuance of a new or corrected
				  certificate of registration--$15.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter A - GENERAL PROVISIONS › Section 95.102 - Search Request Delivery

Current through Reg. 49, No. 28; July 12, 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter A - GENERAL PROVISIONS › Section 95.103 - Forms

Current through Reg. 49, No. 28; July 12, 2024
The forms prescribed by §
										RSA
					 9.5211, Texas Business and Commerce Code, are
					 accepted by the filing office. Paper-based forms approved by the International
					 Association of Commercial Administrators from time to time and forms otherwise
					 approved by the filing office from time to time shall be accepted. A list of
					 forms approved by the filing office will be made available on
					 request.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter A - GENERAL PROVISIONS › Section 95.104 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing fee. The fee for filing and
				  indexing a UCC record of one or two pages communicated on paper or in a
				  paper-based format (including faxes) is pursuant to §
										RSA
				  9.525(a)(1), Texas Business
				  and Commerce Code. If there are additional pages, the fee is pursuant to §
										RSA
				  9.525(a)(2), Texas Business
				  and Commerce Code. The fee for filing and indexing a UCC record communicated by
				  a medium authorized by these sections which is other than on paper or in a
				  paper-based format is pursuant to §
										RSA
				  9.525(a)(3), Texas Business
				  and Commerce Code. The fee for filing and indexing a master amendment delivered
				  in a format pursuant to §
										RSA
				  9.512(f) and §
										RSA
				  9.514(d), Texas Business and
				  Commerce Code, is pursuant to §
										RSA
				  9.525(f), Texas Business and
				  Commerce Code. The fee for filing and indexing a judicial finding of fact is
				  pursuant to §
										RSA
				  51.905, Texas Government Code.
(b) Additional fees. In addition to fees set
				  forth in subsection (a) of this section, a fee pursuant to §
										RSA
				  9.525(b)(1), Texas Business
				  and Commerce Code, shall be paid for an Initial financing statement that
				  indicates that it is filed in connection with a public-finance transaction, a
				  fee pursuant to §
										RSA
				  9.525(b)(2), Texas Business
				  and Commerce Code, shall be paid for an Initial financing statement that
				  indicates that it is filed in connection with a manufactured-home transaction,
				  and a fee pursuant to §
										RSA
				  9.525(b)(3), Texas Business
				  and Commerce Code, shall be paid for an Initial financing statement that
				  indicates that the debtor is a transmitting utility.
(c) UCC search fee. The fee for processing a
				  UCC search request communicated on paper or in a paper-based format is pursuant
				  to §
										RSA
				  9.525(d)(1), Texas Business
				  and Commerce Code. The fee for processing a UCC search request communicated by
				  XML is $3 and by SOSDirect is $15. The fee for responding to a web inquiry
				  which was communicated by SOSDirect is $1.
(d) UCC search - copies. The fee for
				  certified copies of records is pursuant to §
										RSA
				  405.031, Texas Government Code. The fee for
				  uncertified copies of records is pursuant to §
										RSA
				  552.261, Texas Government Code, and §
										RSA
				  71.8 of this title (relating to Fees for
				  Copies of Public Information).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter A - GENERAL PROVISIONS › Section 95.105 - Expedited Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Description of
				  expedited service and fee.
(1) Expedited
				  service and fees for filings - per page copies. Upon the request of any person,
				  the filing office will expedite the filing of any document submitted to the
				  Uniform Commercial Code Section. Generally, the filing of any such document
				  shall occur before the close of business on the next business day following the
				  document's date of receipt. The fee for this service is pursuant to §
											RSA
				  405.032, Texas Government Code. Charges for
				  copies that accompany this service are pursuant to §
											RSA
				  552.261, Texas Government Code, and §
											RSA
				  71.7 of this title (relating to Requests to
				  Transmit Documents by FAX Machine; Fee).
(2) Expedited service for UCC search request
				  - per page copies. Upon the request of any person, the filing office will
				  expedite the handling of a UCC search request, with or without copies, that is
				  submitted to the Uniform Commercial Code Section. Generally, the expedited
				  request will be processed before the close of business on the next business day
				  following the document's date of receipt. The fee for this service is pursuant
				  to §
											RSA
				  405.032, Texas Government Code. Charges for
				  copies that accompany this service are pursuant to §
											RSA
				  552.261, Texas Government Code, and §
											RSA
				  71.7 of this title. A completed expedited
				  search request may be mailed, faxed, or picked up in person.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter A - GENERAL PROVISIONS › Section 95.106 - Methods of Payment

Current through Reg. 49, No. 28; July 12, 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. Checks may be made payable in an amount to be filled
				  in by the filing office if the filing office is clearly authorized to fill in
				  the amount. All checks must be drawn on a U.S. bank.
(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) Prepaid account. A
				  Remitter may open an account for prepayment of fees. The filing officer shall
				  issue an account number to be used by a Remitter who chooses to pay filing fees
				  by this method. The filing officer shall deduct filing fees from the Remitter's
				  prepaid account when authorized to do so by the Remitter. The Remitter may
				  authorize transactions against the prepaid account by use of the Remitter's
				  SOSDirect account, by written authorization, facsimile, and by telephone
				  authorization.
(5) Credit cards.
				  The filing office shall accept payment by credit cards issued by approved
				  credit card issuers. Approved credit card issuers are: American Express,
				  Discover, MasterCard, or Visa or other valid and current credit cards
				  designated by the contract(s) then existing between the Office of the Secretary
				  of State, the Comptroller of Public Accounts, and the relevant financial
				  institution. Remitters shall provide the filing officer with the card number,
				  the expiration date of the card, the name of the card issuer, the name of the
				  person or entity to whom the card was issued and the billing address for the
				  card. Payment will not be deemed tendered until the issuer or its agent has
				  confirmed payment. Fees paid by credit card are subject to a statutorily
				  authorized convenience fee of the total fees incurred, when applicable. The
				  convenience fee is assessed per credit card transaction.
(6) LegalEase. The filing office accepts
				  payment via LegalEase from Remitters who have entered into appropriate
				  LegalEase arrangements for such transfers and who authorize the relevant
				  transfer pursuant to such arrangements.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter A - GENERAL PROVISIONS › Section 95.107 - Overpayment and Underpayment Policies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Overpayment. The filing officer shall refund the amount of an overpayment
				  exceeding $5 to the Remitter. The filing officer shall accrue the amount of the
				  overpayment to the prepaid account if the overpayment is less than $5. This
				  amount may be refunded only upon the written request of the Remitter.
(b) Underpayment. Upon receipt of a UCC
				  record with an insufficient fee, the filing officer shall do the following: The
				  UCC record and fee shall be returned to the Remitter as provided in §
										RSA 95.203
				  of this title (relating to Procedure Upon Refusal).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter A - GENERAL PROVISIONS › Section 95.108 - Public Records Services

Current through Reg. 49, No. 28; July 12, 2024
Public records services are provided on a
					 non-discriminatory basis to any member of the public. Copies of individual UCC
					 records, bulk copies of records and data elements from the filing office's UCC
					 information management system are made available in such forms, at such times
					 and for such fees as the filing office may prescribe from time to time;
					 provided that the filing office will make such information as is then-current
					 available at least weekly in every medium then available to the filing
					 office.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter A - GENERAL PROVISIONS › Section 95.109 - Fees for Public Records Services

Current through Reg. 49, No. 28; July 12, 2024
Fees for public records services (other than those
					 established under §
										RSA 95.104 of this title
					 (relating to Fees)) are established by the filing office from time to time and
					 are available upon request.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter B - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section 95.200 - Role of Filing Officer

Current through Reg. 49, No. 28; July 12, 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 sections, the filing
					 officer does not determine the legal sufficiency or insufficiency of the UCC
					 record, determine that information in the record is correct or incorrect, in
					 whole or in part, or create a presumption that information in the UCC record is
					 correct or incorrect in whole or in part.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter B - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section 95.201 - Time for Filing a Continuation Statement

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  First day permitted. The first day on which a continuation statement may be
				  filed is the date corresponding to the date upon which the related financing
				  statement would lapse, six months preceding the month in which such financing
				  statement would lapse. If there is no such corresponding date, the first day on
				  which a continuation may be filed is the last day of the sixth month preceding
				  the month in which the financing statement would lapse. This subsection is
				  subject to the ability of the filing office to take delivery of the
				  continuation statement as tendered and to §
										RSA
				  95.101 of this title (relating to Means to
				  Deliver UCC Records; Time of Filing).
(b) Last day permitted. The last day on which
				  a continuation statement may be filed is the date upon which the related
				  financing statement lapses. This subsection is subject to the ability of the
				  filing office to take delivery of the continuation statement as tendered and to
				  §
										RSA
				  95.101 of this title. Accordingly, the time
				  of filing of the continuation statement under §
										RSA
				  95.101 of this title must be on or prior to
				  such last day and delivery by certain means of communication may not be
				  available on such last day if the filing office is not open for business on
				  such day.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter B - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section 95.202 - Grounds for Refusal

Current through Reg. 49, No. 28; July 12, 2024
In addition to refusing a record for any reason, or
					 multiple reasons, as set forth in §
										RSA
					 9.516, Texas Business and Commerce Code, a
					 filing office shall refuse to accept a UCC record that does not provide an
					 address that meets the minimum requirements, as set forth in these
					 filing-office rules (see §
										RSA
					 95.100(2) of this title
					 (relating to Definitions)).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter B - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section 95.203 - Procedure Upon Refusal

Current through Reg. 49, No. 28; July 12, 2024
Except as provided in §
										RSA
					 95.107 of this title (relating to Overpayment
					 and Underpayment Policies), if the filing officer finds grounds to refuse a UCC
					 record, the filing officer shall return the document, if written, to the
					 Remitter and may return or refund the filing fee. 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.
					 Records of refusal, including a copy of the refused UCC record and the
					 ground(s) for refusal, shall be maintained until the first anniversary of the
					 lapse date that applies or would have applied to the related financing
					 statement, assuming that the refused record had been accepted and
					 filed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter B - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section 95.204 - Refusal Errors

Current through Reg. 49, No. 28; July 12, 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 under §
										RSA 95.202 of
					 this title (relating to Grounds for Refusal), the filing officer will file the
					 UCC record with the filing date and time the UCC record was originally tendered
					 for filing. A filing officer statement record relating to the relevant Initial
					 financing statement will be placed in the UCC information management system on
					 the date that the corrective action was taken. The filing officer statement
					 must provide the date of the correction and explain 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter B - ACCEPTANCE AND REFUSAL OF DOCUMENTS › Section 95.205 - Notification of Defects

Current through Reg. 49, No. 28; July 12, 2024
Nothing in these sections 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.300 - General

Current through Reg. 49, No. 28; July 12, 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. No distinction will
					 be made between upper and lower case letters for indexing purposes. The
					 sections in this subchapter describe the UCC information management
					 system.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.301 - Primary Data Elements

Current through Reg. 49, No. 28; July 12, 2024
The primary data elements used in the UCC information
					 management system are the following.
(1) Identification numbers.
(A) 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 the system. The record is identified by the same information
				  assigned to the Initial financing statement.
(B) 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.302 - Individual Debtor Names

Current through Reg. 49, No. 28; July 12, 2024
For purposes of these sections, 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 name(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 if the record includes an addendum that provides a debtor name in
				  item 10.
(4) Truncation -
				  individual names. Personal name fields in the UCC information management system
				  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
				  lengths of data entry name fields are as follows.
(A) Surname: 50 characters.
(B) First personal name: 50
				  characters.
(C) Additional
				  name(s)/initial(s): 50 characters.
(D) Suffix: 6 characters.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.303 - Organization Debtor Names

Current through Reg. 49, No. 28; July 12, 2024
For purposes of these sections, 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
				  information management system is fixed in length. The maximum length is 300
				  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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.304 - Collateral Being Administered by a Decedent's Personal Representative

Current through Reg. 49, No. 28; July 12, 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 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.305 - Collateral Held in a Trust

Current through Reg. 49, No. 28; July 12, 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 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.306 - Initial Financing Statement

Current through Reg. 49, No. 28; July 12, 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:
(A) the Initial financing statement indicates
				  as provided in §
											RSA
				  95.101(8) of this title
				  (relating to Means to Deliver UCC Records; Time of Filing) that it is filed
				  with respect to a public-finance transaction or a manufactured-home
				  transaction, in which case the lapse date shall be thirty years from the file
				  date; or
(B) the Initial financing
				  statement indicates as provided in §
											RSA
				  95.101(8) of this title that
				  it is filed against a transmitting utility, in which case there shall be no
				  lapse date.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.307 - Amendments Generally

Current through Reg. 49, No. 28; July 12, 2024
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 secured party, the new debtor or secured party shall be added to the
					 appropriate index and associated with the record of the financing statement in
					 the UCC information management system, and an amendment that designates an
					 assignee shall cause the assignee to be added as a secured party of record with
					 respect to the affected 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.308 - Continuation Statement

Current through Reg. 49, No. 28; July 12, 2024
(a) Continuation
				  of lapse date. Upon the timely filing of one or more continuation statements by
				  any secured party(ies) of record, the lapse date of the financing statement
				  shall be postponed for five years. The lapse date is postponed once
				  notwithstanding the fact that more than one continuation statement is filed
				  within a given six-month period prior to a lapse date. Notwithstanding the
				  immediate postponement of the lapse date with respect to one or more secured
				  parties of record who file timely a continuation statement within a given
				  six-month period prior to a lapse date, such lapse date remains effective
				  solely for purposes of determining whether or not a subsequent continuation
				  statement filed in the same six-month period is timely.
(b) Status. The filing of a continuation
				  statement shall have no effect upon the status of any party to the financing
				  statement or upon the status of the financing statement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.309 - Termination

Current through Reg. 49, No. 28; July 12, 2024
The filing of a termination statement shall have no effect
					 upon the status of any party to the financing statement or upon the status of
					 the financing statement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.310 - Information Statement

Current through Reg. 49, No. 28; July 12, 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.311 - Filing Officer Statement

Current through Reg. 49, No. 28; July 12, 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.312 - Procedure Upon Lapse

Current through Reg. 49, No. 28; July 12, 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter C - UCC INFORMATION MANAGEMENT SYSTEM › Section 95.313 - Removal of Record

Current through Reg. 49, No. 28; July 12, 2024
A financing statement must remain as an Active Record until
					 at least one year after it lapses, or if it is indicated to be filed against a
					 transmitting utility, until at least one year after it is terminated with
					 respect to all secured parties of record. On or after the first anniversary of
					 such lapse or termination date, the filing office or the UCC information
					 management system may remove the financing statement and all related UCC
					 records from the Searchable Indexes or from the UCC information management
					 system and upon such removal, the removed UCC Records shall cease to be Active
					 Records. UCC Records removed from the UCC information management system shall
					 be maintained as provided in §
										RSA 95.407 of
					 this title (relating to Archives - General).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter D - FILING AND DATA ENTRY PROCEDURES › Section 95.400 - Errors of the Filing Office

Current through Reg. 49, No. 28; July 12, 2024
The filing office may correct data entry and indexing
					 errors of filing office personnel in the UCC information management system at
					 any time. If a correction is made to a record of a financing statement after
					 the filing office has issued a search report with a through date and time (see
					 §
										RSA
					 95.505(2)(D) of this title
					 (relating to Search Responses)) that is on or after the filing date and time of
					 the financing statement, the filing office will associate with the record of
					 the financing statement in the UCC information management system a filing
					 officer statement on the date that the corrective action was taken providing
					 the date and an explanation of the correction.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter D - FILING AND DATA ENTRY PROCEDURES › Section 95.401 - Data Entry

Current through Reg. 49, No. 28; July 12, 2024
(a) Characters of print
				  acceptable in names.
(1) Names may consist of
				  letters of the Roman alphabet, Arabic numerals, symbols capable of being
				  reproduced on a standard English language keyboard, and such other symbols as
				  permitted by the secretary of state's database and as posted on the secretary
				  of state's website, or a combination thereof.
(2) No distinction will be made between upper
				  and lower case letters for indexing purposes. No distinction as to typeface or
				  font in the presentation of any name will be recognized. Subscript or
				  superscript characters cannot be entered into the computer records of the
				  secretary of state; consequently, such characters will not appear above or
				  below the other characters in the name. Example: H2O will appear as
				  H2O.
(3) Arabic numerals include 0,
				  1, 2, 3, 4, 5, 6, 7, 8, and 9.
(4)
				  The symbols recognized as part of a name may include ! " $ % ' () * ? # = @ [ ]
				  / + & and -.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter D - FILING AND DATA ENTRY PROCEDURES › Section 95.402 - Verification of Data Entry

Current through Reg. 49, No. 28; July 12, 2024
The filing office will verify accuracy of the data from UCC
					 records entered in accordance with §
										RSA 95.401 of this
					 title (relating to Data Entry) into the UCC information management system,
					 except that debtor name data are verified by double-blind keying. Data entry
					 performed by Remitters with respect to electronically filed UCC records is the
					 responsibility of the Remitter and is not verified by the filing
					 office.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter D - FILING AND DATA ENTRY PROCEDURES › Section 95.403 - Master Amendments

Current through Reg. 49, No. 28; July 12, 2024
(a) The filing
				  officer may accept for filing a single UCC record for the purpose of amending
				  or assigning more than one financing statement. Master amendments may
				  accomplish one or both of the following purposes: amendment to change secured
				  party name; amendment to change secured party address. Master assignments may
				  accomplish a full assignment from a single assignor to a single
				  assignee.
(b) A master amendment
				  shall consist of a written document describing the requested amendment or
				  assignment on a form approved by the filing office, and a machine readable file
				  furnished by the Remitter and created to the filing officer's specifications
				  containing appropriate indexing information. A copy of the master amendment
				  specifications is available from the filing officer upon request. Acceptance of
				  a master amendment is conditioned upon the determination of the filing officer
				  in the filing officer's sole discretion.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter D - FILING AND DATA ENTRY PROCEDURES › Section 95.404 - Notice of Bankruptcy

Current through Reg. 49, No. 28; July 12, 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter D - FILING AND DATA ENTRY PROCEDURES › Section 95.405 - Redaction of Certain Information

Current through Reg. 49, No. 28; July 12, 2024
The filing officer is obliged to redact certain information
					 from the information it provides to searchers and bulk data purchasers in
					 accordance with applicable privacy and identity theft protection laws. Such
					 information should not be included in UCC records and will be redacted in
					 accordance with such laws.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter D - FILING AND DATA ENTRY PROCEDURES › Section 95.406 - Judicial Finding of Fact

Current through Reg. 49, No. 28; July 12, 2024
A record is created for the certified copy of the judicial
					 finding of fact that bears the file number for the judicial finding of fact and
					 the date and time of filing. The record of the judicial finding of fact is
					 associated with the record of the related Initial financing statement in a
					 manner that causes the judicial finding of fact to be retrievable each time a
					 record of the financing statement is retrieved.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter D - FILING AND DATA ENTRY PROCEDURES › Section 95.407 - Archives - General

Current through Reg. 49, No. 28; July 12, 2024
Active and lapsed filings are available by search of the
					 debtor name or by request under a specific file number. Inactive records are
					 available upon request by a specific file number only.
(1) Paper UCC documents.
(A) Storage. Documents are stored in
				  expanding file pockets in sequential number in file boxes.
(B) Retention. Documents are stored on site
				  for six months after receipt. Documents are transported to State Archives for a
				  period of two years six months prior to destruction.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter D - FILING AND DATA ENTRY PROCEDURES › Section 95.408 - Lapse Date and Time

Current through Reg. 49, No. 28; July 12, 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 public-finance
					 transaction or 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 March 1 in the
					 fifth year following the year of the filing date. If the last day of any period
					 is a Saturday, Sunday, or legal holiday, the period is extended to include the
					 next day that is not a Saturday, Sunday, or legal holiday in accordance with
					 §
										RSA
					 311.014(b), Texas Government
					 Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter E - SEARCH REQUESTS AND REPORTS › Section 95.500 - General Requirements

Current through Reg. 49, No. 28; July 12, 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, with no
					 distinction made between upper and lower case letters, 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter E - SEARCH REQUESTS AND REPORTS › Section 95.501 - Search Requests - Required Information

Current through Reg. 49, No. 28; July 12, 2024
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 or 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
				  subject of the search.
(2)
				  Requesting party. The name and address of the person to whom the search results
				  are to be sent.
(3) Fee. The
				  appropriate fee shall be tendered by a method described in §
										RSA 95.106 of
				  this title (relating to Methods of Payment).
(4) Search logic. The request shall specify
				  if a search methodology other than that described in §
										RSA
				  95.503(1) of this title
				  (relating to Search Methodology) is to be applied in conducting the search. If
				  no such methodology is specified, the one described in §
										RSA
				  95.503(1) of this title
				  shall be applied.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter E - SEARCH REQUESTS AND REPORTS › Section 95.502 - Search Requests - Optional Information

Current through Reg. 49, No. 28; July 12, 2024
Search requests may include the following:
(1) Copies. The request may limit the copies
				  of UCC records that would normally be provided with a search report by
				  requesting that no copies be provided or that copies be limited to those UCC
				  records that include a particular city in the debtor address.
(2) Scope of search. A search request may ask
				  for a search that reports all Active Records retrieved by the search.
(3) 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.
(4) Search request with filing. If a filer
				  requests a search at the time an Initial financing statement is filed by
				  submitting a search request with the Initial financing statement at the time it
				  is tendered for filing, the search request shall be deemed to request a search
				  to be conducted as soon as practicable such that it would include all UCC
				  records filed, against the debtor name(s) provided on the Initial financing
				  statement, on or prior to the date the Initial financing statement is filed.
				  The search to reflect should be held until the filing office through date meets
				  or exceeds the date the Initial financing statement was filed.