Section 1: General Provisions
Uniform Commercial Code, Revised Article 9
Indiana Code 26-1-9.1-1 et seq.
Indiana Secretary of State
Business Services Division - UCC
302 West Washington Street, Room E-018
Indianapolis, Indiana 46204
Office Hours: 8:00 AM - 5:30 PM
(Monday through Friday, except holidays)
317-233-3984 (General Information)
317-232-6393 (General Information)
Section 1 -- General Provisions
100 Policy statement. The administration of the UCC has an important impact on the economy and upon the rights of the public, in this state and in the United States. The volume of international, interstate and multistate transactions pursuant to the UCC requires that the administration of the UCC be conducted in a manner that promotes both local and multi-jurisdictional commerce by striving for uniformity in policies and procedures among the various states.
As provided in §9-526 of the UCC, the interpretation and implementation of the filing office's duties and responsibilities shall be expressed in a written set of administrative rules, which the public shall have a voice in creating. Such rules have the following purposes:
To simplify and improve the administration of the UCC by promoting uniform UCC filing procedures in this state and in the nation;
To simplify the public's ability to discover and understand the UCC filing procedures of the various states by establishing a uniform framework for describing the procedures;
To increase public access to information;
To increase public participation in the formulation of administrative policy and procedures; and
To increase public accountability of the filing officer.
101 Definitions. The following terms shall have the respective meanings provided in this rule. Terms not defined in this rule which are defined in the UCC shall have the respective meanings accorded such terms in the UCC.
101.1 "Amendment" means a UCC document that purports to amend the information contained in a financing statement. Amendments include assignments, continuations and terminations.
101.2 "Assignment" is an amendment that purports to reflect an assignment of all or a part of a secured party's power to authorize an amendment to a financing statement.
101.3 "Authenticate" means:
(A) to sign; or
(B) to executed or otherwise adopt a symbol, or encrypt or similarly process a record in whole
or in part, with the present intent of the authenticating person to identify the person and adopt or accept a record.
101.4 "Continuation" means an amendment that purports to continue the effectiveness of a financing statement.
101.5 "Correction statement" means a UCC document that purports to indicate that a financing statement is inaccurate or wrongfully filed.
101.6 "File number" means the unique identifying information assigned to an initial financing statement by the filing officer for the purpose of identifying the financing statement and UCC documents relating to the financing statement in the filing officer's information management system. For a financing statement with an initial financing statement filed on or prior to February 5, 2001, the file number is a unique number assigned to the financing statement by the filing officer. For a financing statement with an initial financing statement filed on or after February 6, 2001, the file number includes three segments; the year of filing expressed as a four digit number, followed by a unique nine digit number assigned to the financing statement by the filing office and ending with a two digit verification number assigned by the filing office but mathematically derived from the numbers in the first two segments. The filing number bears no relation to the time of filing and is not an indicator of priority.
101.7 "Filing office" and "filing officer" mean the Indiana Secretary of State in all references in this document except as otherwise provided in Rule 103.
101.8 "Financing statement" means a record or records composed of an initial financing statement and any filed record(s) relating to the initial financing statement.
101.9 "Individual" means a human being, or a decedent in the case of a debtor that is such decedent's estate.
101.10 "Initial financing statement" means a UCC document that does not identify itself as an amendment or identify an initial financing statement to which it relates, as required by UCC § 9-512, 9-514 or 9-518.
101.11 "Organization" means a legal person who is not an individual under rule 101.8.
101.12 "Remitter" means a person who tenders a UCC document to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the document for filing. "Remitter" does not include a person responsible merely for the delivery of the document 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.
101.13 "Secured party of record" means, with respect to a financing statement, a person whose name is provided as the name of a secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under UCC § 9-514(a), the assignee named in the initial financing statement is the secured party of record with respect to the financing statement. If an amendment of a financing statement which provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under UCC § 9-514(b), the assignee named in the amendment is a secured party of record. A person remains a secured party of record until the filing of an amendment of the financing statement which deletes the person.
101.14 "Termination" means an amendment intended to indicate that the related financing statement has ceased to be effective with respect to the secured party authorizing the termination.
101.15 "UCC" means the Uniform Commercial Code as adopted in this state and in effect from time to time.
101.16 "UCC document" means an initial financing statement, an amendment, an assignment, a continuation, a termination or a correction statement. The word "document" in the term "UCC document" shall not be deemed to refer exclusively to paper or paper-based writings; it being understood that UCC documents may be expressed or transmitted electronically or through media other than such writings. (Note: this definition is used for the purpose of these rules only. The use of the term "UCC document" in these rules has no relation to the definition of the term "document" in UCC § 9-102(a)(30).)
102 Singular and plural forms. Singular nouns shall include the plural form, and plural nouns shall include the singular form, unless the context otherwise requires.
103 Place to file. The place to file is the filing office designated in Indiana Code 26-1- 9.1-501.
104 Filing office identification. In addition to the promulgation of these rules, the filing office will disseminate information of its location, mailing address, telephone and fax numbers, and its internet and other electronic "addresses" through usual and customary means.
104.1 On-line information service. The filing officer offers on-line information services at http://www.IN.gov/sos.
104.2 Electronic Mail. Electronic mail can not be used for filing UCC documents or for requesting searches of the records of financing statements. However, electronic searching and filing are available. See Rules 106.5 and 107.
105 Office hours. Although the filing office maintains regular office hours, it receives transmissions electronically 24 hours per day, 365 days per year, except for scheduled maintenance and unscheduled interruptions of service.
106 UCC document delivery. UCC documents may be tendered for filing at the filing office as follows.
106.1 Personal delivery, at the filing office's street address. The file time for a UCC document delivered by this method is when delivery of the UCC document is accepted by the filing office (even though the UCC document may not yet have been accepted for filing and subsequently may be rejected).
106.2 Courier delivery, at the filing office's street address. The file time for a UCC document delivered by this method is, notwithstanding the time of delivery, the next close of business following the time of delivery (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected). A UCC document delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business.
106.3 Postal service delivery, to the filing office's mailing address. The file time for a UCC document delivered by this method is the next close of business following the time of delivery (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected). A UCC document delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business.
106.4 Telefacsimile delivery is not currently available.
106.5 Electronic filing. Financing statements and amendments can be filed using the internet at http://www.IN.gov/sos.
107 Search request delivery. UCC search requests may be delivered to the filing office by any of the means listed in rule 106. Additionally searches may be performed immediately on the internet at http://www.IN.gov/sos. These searches are identical to, are furnished using the same form and format, and carry the same legal validity as searches performed internally. Requirements concerning search requests are set forth in rule 501. UCC search requests upon a debtor named on an initial financing statement may be made by an appropriate indication on the face of the initial financing statement form if the form is entitled to be filed with the standard form fee and the relevant search fee is also tendered with the initial financing statement.
108 Approved forms. Forms for UCC documents must conform to the requirements of this rule to be acceptable by the filing office.
108.1 Statutory forms. The forms set forth in Indiana Code 26-1-1.5-2 will be accepted.
108.2 IACA forms approved. A form approved for the relevant UCC document by the International Association of Corporation Administrators on or prior to 7/29/98 will be acceptable (the national form).
108.3 Standard forms. Filers are encouraged and expected to use the national form or a reasonable replication (a standard form). These forms are well designed and avoid the risk of rejection on the basis of form or format. These forms are 81/2" x 11" forms that are easily duplicated. The instructions accompanying the national or standard forms will neither be required at the time of filing nor count toward the page total. Forms containing insufficient information will be rejected.
An example of a form that is a reasonable replication of the national form and will be accepted is the new Indiana financing statement form, which is a standard form. Example of forms that are not standard forms are the former Indiana UCC1 or UCC3 forms. These forms were not developed in light of Revised Article 9 and do not contain spaces for all required information. It is likely that a filing submitted on such a form will be rejected.
108.3.1 Social security numbers. The national form contains an area for the filer to indicate social security number, tax identification number, or employer identification number. None of these numbers are required for the form to be accepted by the filing office. A database of images of documents filed with the Secretary of State's Office will be available to all via the internet. This office advises filers to consider this when deciding whether to include such numbers on any documents submitted to the office.
108.4 Electronic filings. A UCC document transmitted electronically pursuant to on-line data entry procedures set forth in rules 370 et seq. will be acceptable.
109 UCC information request form. A form that meets the requirements regarding dimensions and location of information on the information request form approved by the office of the Secretary of State, or that is transmitted electronically in accordance with rules 370 et seq. will be acceptable. Other forms will not be accepted by the filing office.
110 Forms availability. The forms are available on line at http://www.IN.gov/sos or through the filing office upon request.
111 Filing fees.
111.1 The fee for filing and indexing a UCC document of one or two pages (excluding instruction sheets) communicated on paper or in a paper-based format is $4.00. If there are more than two pages, the fee for filing and indexing is $8.00. There is no statutory fee for filing and indexing a UCC document communicated by a medium authorized by these rules which is other than on paper or in a paper-based format.
111.2 A fee of $8.00 shall be paid for an initial financing statement that indicates that it is filed in connection with a public-finance transaction. A fee of $8.00 shall be paid for an initial financing statement that indicates that it is filed in connection with a manufactured-home transaction.
111.3 Additional fees. There are no additional fees for extra debtors.
111.4 UCC search/information request fee. The flat fee for a UCC information request communicated on paper or in a paper-based format is $5.00 per debtor name. There is no statutory fee for filing and indexing a UCC information request communicated and procured electronically as described herein.
111.5 UCC information request -- copies. There is no additional per page statutory fee for UCC search copies procured either manually or electronically. All fees are included in the flat fee described in rule 111.4.
112 Expedited services. Expedited services are not available.
112.1 Turn-around times. In order to meet and surpass the turn-around deadline prescribed under Indiana Code 26-1-9.1-519, 520, and 523, the filing office has developed a web-based filing and searching system which can be accessed 24 hours a day 365 days a year at http://www.IN.gov/sos. With this system, filings can be effective instantaneously and up-to-date searches can be performed immediately.
113 Methods of payment. Filing fees and fees for public records services may be paid by the following methods.
113.1 Cash. The filing officer discourages cash payment unless made in person to the front desk clerk at the filing office.
113.2 Checks. Checks made payable to the filing office, including checks in an amount to be filled in by a filing officer but not to exceed a particular amount, will be accepted for payment if they are cashier's checks or certified checks drawn on a bank acceptable to the filing office or if the drawer is acceptable to the filing office.
113.3 Electronic funds transfer. The filing office does not accept payment via electronic funds transfer
113.4 Prepaid account. A remitter may open an account for prepayment of filing fees by submitting an application furnished by the filing officer. The filing officer shall issue an account number to be used by a remitter who chooses to pay filing fees in advance. The filing officer shall deduct filing fees from the remitter's prepaid account when authorized to do so by the remitter. The remitter may authorize transactions against the prepaid account by attaching to a filing or a search request, the remitters name and the prepaid account number. Monthly statements will be issued detailing the transactions and balances for each prepaid account.
113.5 Debit cards. The filing office does not accept payment by debit cards, except in the case of search requests performed on-line.
113.6 Credit card. The filing office does not accept payment by credit cards, except in the case of search requests performed on-line.
113.7 Other account. A $50 annual subscription account to accessIndiana provides password access to Indiana government information and interactive services, including UCC web-based services for filing and searching UCC documents. An accessIndiana account is not needed to perform on-line searches, however, an account is required to perform filings. Requiring the account to perform web-based filings provides an additional layer of security since the account requires detailed information in order to be opened. To set up an account, accessIndiana can be contacted at 317.233.2010 or via the website at www.IN.gov.
114 Overpayment and underpayment policies.
114.1 Overpayment. The filing officer shall refund the amount of an overpayment exceeding $10 to the remitter upon written request from the remitter.
114.2 Underpayment. Upon receipt of a document with an insufficient fee, the filing officer shall return the document and the filing fee to the remitter as provided in rule 205.
115 Public records services. Public records services are provided on a non-discriminatory basis to any member of the public on the terms described in these rules. The following methods are available for obtaining copies of UCC documents and copies of data from the UCC information management system.
115.1 Individually identified documents. Copies of individually identified UCC documents are available in the following forms: paper and electronic image as described herein.
115.2 Bulk copies of documents. Bulk copies of UCC documents are available in the following forms:
CD-ROM for full database
E-mail, if files are not too large, for updates
115.3 Data from the 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. Data from the information management system is available from accessIndiana as follows.
115.3.1 Full extract. A bulk data extract of information from the UCC information management system is available on a weekly basis.
115.3.2 Update extracts. Updates of information from the UCC information management system are available on a monthly and/or weekly basis.
115.3.3 Format. Extracts from the UCC information management system are available in the following formats:
CD-ROM for full database
E-mail, if files are not too large, for updates
115.4 Direct on-line services. On-line services make UCC data and images available on a subscription basis. These products and services can be ordered through accessIndiana at www.IN.gov or at 317.233.2010.
116 Fees for public records services. Fees for public records services are established as follows.
116.1 Paper copies of individual documents. Paper copies will be returned as a result of an information request. The fee for an information request is $5.00 per debtor name. There is no statutory fee for searches performed on-line.
116.1.1 Regular delivery method. Copies will be returned in the same manner they were received in the office unless otherwise specified. Requests mailed in will be returned via mail. Requests delivered in person will be available for pick up in the office. Requests sent via express courier will be sent via express courier if a pre-paid mailer is provided. Otherwise such requests will be returned via regular mail.
116.1.2 Fax delivery. Fax delivery is not available.
116.2 Bulk copies of documents. Bulk copies will be furnished either by CD-ROM, tape, e-mail, secured link, or other method prescribed by accessIndiana. Preferred delivery method will be considered and used where reasonable.
116.3 Data from the information management system.
116.3.1 Full extract. Full extracts will be furnished either by CD-ROM, tape, e-mail, secured link, or other method prescribed by accessIndiana.
116.3.2 Update extracts. Update extracts will be furnished either by CD-ROM, tape, e-mail, secured link, or other method prescribed by accessIndiana.
116.3.3 Format. Copies and extracts will be furnished either by CD-ROM, tape, e-mail, secured link, or other method prescribed by accessIndiana.
117 New practices and technologies. The filing officer is authorized to adopt practices and procedures to accomplish receipt, processing, maintenance, retrieval and transmission of, and remote access to, Article 9 filing data by means of electronic, voice, optical and/or other technologies, and, without limiting the foregoing, to maintain and operate, in addition to or in lieu of a paper-based system, a non-paper-based Article 9 filing system utilizing any of such technologies. In developing and utilizing technologies and practices, the filing officer shall, to the greatest extent feasible, take into account compatibility and consistency with, and whenever possible be uniform with, technologies, practices, policies and regulations adopted in connection with Article 9 filing systems in other states.
Numbers 118 through 199 are reserved.