Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter A - GENERAL PROVISIONS › Section 95.101 - Means to Deliver UCC Records; Time of Filing

Current through Reg. 49, No. 28; July 12, 2024
UCC records may be tendered for filing at the filing office
					 as follows.
(1) Personal delivery by
				  Remitter, at the filing office's street address. The file time for a UCC record
				  delivered by this method is when delivery of the UCC record is taken by the
				  filing office (even though the UCC record may not yet have been accepted for
				  filing and subsequently may be rejected). This section applies only to a
				  Remitter who tenders a UCC record to the filing office and awaits an immediate
				  determination of whether or not the UCC record will be taken or not.
(2) Courier delivery by a person other than a
				  Remitter, at the filing office's street address. The file time for a UCC record
				  delivered by this method is, notwithstanding the time of delivery, the next
				  close of business following the time of delivery (even though the UCC record
				  may not yet have been accepted for filing and may be subsequently rejected). A
				  UCC record delivered after regular business hours or on a day the filing office
				  is not open for business will have a filing time of the close of business on
				  the next day the filing office is open for business.
(3) Postal service delivery, to the filing
				  office's mailing address. The file time for a UCC record delivered by this
				  method is the next close of business following the time of delivery (even
				  though the UCC record may not yet have been accepted for filing and may be
				  subsequently rejected). A UCC record delivered after regular business hours or
				  on a day the filing office is not open for business will have a filing time of
				  the close of business on the next day the filing office is open for
				  business.
(4) Telefacsimile
				  delivery, to the filing office's fax filing telephone number. The file time for
				  a UCC record delivered by this method, during regular business hours, after
				  regular business hours, or on a day the filing office is not open for business,
				  is the time the UCC record is first examined by a filing officer for processing
				  (even though the UCC record may not yet have been accepted for filing and may
				  be subsequently rejected).
(5)
				  Electronic filing. UCC records, excluding information statements and filing
				  officer statements, may be transmitted electronically using the XML Format
				  approved by the filing office. At the request of an authorized XML Remitter,
				  the filing officer shall identify which versions and releases of the XML Format
				  are acceptable to the filing office. The filing office publishes an
				  implementation guide that prescribes the use of the XML Format. The
				  implementation guide shall be available to the public upon request. The file
				  time for a UCC record delivered by this method is the time that the filing
				  office's UCC information management system analyzes the relevant transmission
				  and determines that all the required elements of the transmission have been
				  received in a required format and are machine-readable.
(6) Direct web page data entry. UCC records
				  may be delivered by on-line data entry using the filing office's website on the
				  internet. Website data entry and payment procedures are available as provided
				  at www.sos.state.tx.us. The file time for a UCC record delivered by this method
				  is the time the entry of all required elements of the UCC record in the proper
				  format is acknowledged by the on-line entry system.
(7) Means of communication. Regardless of the
				  method of delivery, information submitted to the UCC filing office must be
				  communicated only in the form of characters that are defined in an acceptable
				  character set. A financing statement or amendment form that does not designate
				  separate fields for organization and individual names, and separate fields for
				  the surname, first personal name, additional name(s)/initial(s), and suffixes
				  for individual names is not an acceptable means of communication to the filing
				  office.
(8) Transmitting utility,
				  manufactured-home and public-financing transactions. The only means to indicate
				  to the filing office that an Initial financing statement is being filed in
				  connection with a manufactured-home or public-finance transaction, or that a
				  financing statement is being or has been filed against a debtor that is a
				  transmitting utility, in order to affect the filing office's determination of
				  the lapse date under §
										RSA
				  95.306(3) of this title
				  (relating to Initial Financing Statement) or §
										RSA 95.307
				  of this title (relating to Amendments Generally), is to so indicate by checking
				  the appropriate box on a UCC Financing Statement (Form UCC1) or by transmitting
				  the requisite information in the proper field in an electronic filing that is
				  such Initial financing statement or is part of such financing
				  statement.