Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 95 - UNIFORM COMMERCIAL CODE › Subchapter A - GENERAL PROVISIONS › Section 95.100 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Terms used in these filing-office rules but not defined in
					 this section that are defined in the UCC shall have the respective meanings
					 accorded such terms in the UCC.
(1)
				  Active Record. "Active Record" means a UCC record that has been stored in the
				  UCC information management system and indexed in, but not yet removed from, the
				  Searchable Indexes.
(2) Address.
				  "Address" means information provided as an address on a UCC record as long as
				  it includes at least a city and a state or foreign country.
(3) Amendment statement. "Amendment" means a
				  UCC record that amends the information contained in a financing statement.
				  Amendments include assignments, continuations and terminations.
(4) Assignment statement. "Assignment" is an
				  amendment that assigns all or a part of a secured party's power to authorize an
				  amendment to a financing statement.
(5) Information statement. "Information
				  statement" means a UCC record that indicates that a financing statement is
				  inaccurate or wrongfully filed.
(6)
				  Filing office/officer. "Filing office" and "filing officer" mean Texas
				  Secretary of State.
(7) Filing
				  officer statement. "Filing officer statement" means a statement entered into
				  the filing office's UCC information management system to correct an error made
				  by the filing office.
(8) Initial
				  financing statement. "Initial financing statement" means a UCC record that
				  causes the filing office to establish the initial record of filing of a
				  financing statement.
(9) Remitter.
				  "Remitter" means a person who tenders a UCC record to the filing officer for
				  filing, whether the person is a filer or an agent of a filer responsible for
				  tendering the record for filing. "Remitter" does not include a person
				  responsible merely for the delivery of the record to the filing office, such as
				  the postal service or a courier service but does include a service provider who
				  acts as a filer's representative in the filing process.
(10) Searchable indexes. "Searchable indexes"
				  means the searchable index of individual debtor names and the searchable index
				  of organization debtor names maintained in the UCC information management
				  system.
(11) Secured party of
				  record. "Secured party of record" includes a secured party of record as defined
				  in the UCC as well as a person who has been a secured party of record with
				  respect to whom an amendment has been filed purporting to delete them as a
				  secured party of record. The term includes the assignor listed on an amendment
				  that purports to be an assignment.
(12) UCC. "UCC" means the Uniform Commercial
				  Code as adopted in this state.
(13)
				  UCC information management system. "UCC information management system" means
				  the information management system used by the filing office to store, index,
				  and retrieve information relating to financing statements as described under
				  Subchapter C of this chapter (relating to UCC Information Management
				  System).
(14) UCC record. "UCC
				  record" means an Initial financing statement, an amendment, an assignment, a
				  continuation statement, a termination statement, a filing officer statement or
				  an information statement, and includes a record thereof maintained by the
				  filing office. The term shall not be deemed to refer exclusively to paper or
				  paper-based writings.
(15) Unlapsed
				  record. "Unlapsed record" means a UCC record that has been stored and indexed
				  in the UCC information management system, which has not yet lapsed under §
										RSA
				  9.515, Texas Business and Commerce Code, with
				  respect to all secured parties of record.