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(b) To the extent that the law of this state provides for indexing a record of the
21assignment of a mortgage under the name of the assignee, under the name of the
22assignee.
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23(6) Retrieval and association capability. The filing office shall maintain a
24capability:
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(a) To retrieve a record by the name of the debtor and:
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11. If the filing office is described in s. 409.501 (1) (a), by the file number assigned
2to the initial financing statement to which the record relates and the date on which
3the record was filed or recorded; or
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2. If the filing office is described in s. 409.501 (1) (b), by the file number assigned
5to the initial financing statement to which the record relates; and
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(b) To associate and retrieve with one another an initial financing statement
7and each filed record relating to the initial financing statement.
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8(7) Removal of debtor's name. The filing office may not remove a debtor's name
9from the index until one year after the effectiveness of a financing statement naming
10the debtor lapses under s. 409.515 with respect to all secured parties of record.
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11(8) Timeliness of filing-office performance. The filing office shall perform
12the acts required by subs. (1) to (5) at the time and in the manner prescribed by
13filing-office rule, but not later than:
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(a) Five business days after the filing office receives the record in question for
15acts performed before July 1, 2003; and
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(b) Two business days after the filing office receives the record in question for
17acts performed on or after July 1, 2003.
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18409.520 Acceptance and refusal to accept record. (1) Mandatory refusal
19to accept record. A filing office shall refuse to accept a record for filing for a reason
20set forth in s. 409.516 (2) and may refuse to accept a record for filing only for a reason
21set forth in s. 409.516 (2).
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22(2) Communication concerning refusal. If a filing office refuses to accept a
23record for filing, the filing office shall communicate to the person that presented the
24record the fact of and reason for the refusal and the date and time the record would
25have been filed had the filing office accepted the record. The communication must
1be made at the time and in the manner prescribed by filing-office rule but, in no event
2more than:
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(a) Five business days after the filing office receives the record for records
4received before July 1, 2003; and
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(b) Two business days after the filing office receives the record for records
6received on or after July 1, 2003.
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7(3) When filed financing statement effective. A filed financing statement
8satisfying s. 409.502 (1) and (2) is effective, even if the filing office is required to
9refuse to accept it for filing under sub. (1). However, s. 409.338 applies to a filed
10financing statement providing information described in s. 409.516 (2) (e) which is
11incorrect at the time the financing statement is filed.
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12(4) Separate application to multiple debtors. If a record communicated to a
13filing office provides information that relates to more than one debtor, this
14subchapter applies as to each debtor separately.
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15409.521 Uniform form of written financing statement and amendment.
16(1) Initial financing statement form. A filing office that accepts written records
17may not refuse to accept a written initial financing statement in the following form
18and format except for a reason set forth in s. 409.516 (2):
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1(2) Amendment form. A filing office that accepts written records may not refuse
2to accept a written record in the following form and format except for a reason set
3forth in s. 409.516 (2):
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1409.522 Maintenance and destruction of records. (1) Postlapse
2maintenance and retrieval of information. The filing office shall maintain a record
3of the information provided in a filed financing statement for at least one year after
4the effectiveness of the financing statement has lapsed under s. 409.515 with respect
5to all secured parties of record. The record must be retrievable by using the name
6of the debtor and:
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(a) If the record was filed or recorded in the filing office described in s. 409.501
8(1) (a), by using the file number assigned to the initial financing statement to which
9the record relates and the date on which the record was filed or recorded; or
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(b) If the record was filed in the filing office described in s. 409.501 (1) (b), by
11using the file number assigned to the initial financing statement to which the record
12relates.
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13(2) Destruction of written records. Except to the extent that a statute
14governing disposition of public records provides otherwise, the filing office may
15destroy immediately any written record evidencing a financing statement. However,
16if the filing office destroys a written record, it shall maintain another record of the
17financing statement which complies with sub. (1).
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18409.523 Information from filing office; sale or license of records. (1) 19Acknowledgment of filing written record. If a person that files a written record
20requests an acknowledgment of the filing, the filing office shall send to the person
21an image of the record showing the number assigned to the record pursuant to s.
22409.519 (1) (a) and the date and time of the filing of the record. However, if the person
23furnishes a copy of the record to the filing office, the filing office may instead:
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(a) Note upon the copy the number assigned to the record pursuant to s. 409.519
25(1) (a) and the date and time of the filing of the record; and
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1(b) Send the copy to the person.
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2(2) Acknowledgment of filing other record. If a person files a record other
3than a written record, the filing office shall communicate to the person an
4acknowledgment that provides:
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(a) The information in the record;
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(b) The number assigned to the record pursuant to s. 409.519 (1) (a); and
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(c) The date and time of the filing of the record.
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8(3) Communication of requested information. The filing office shall
9communicate or otherwise make available in a record the following information to
10any person that requests it:
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(a) Whether there is on file on a date and time specified by the filing office, but
12not a date earlier than 3 business days before the filing office receives the request,
13any financing statement that:
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1. Designates a particular debtor or, if the request so states, designates a
15particular debtor at the address specified in the request;
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2. Has not lapsed under s. 409.515 with respect to all secured parties of record;
17or
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3. If the request so states, has lapsed under s. 409.515 and a record of which
19is maintained by the filing office under s. 409.522 (1);
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(b) The date and time of filing of each financing statement; and
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(c) The information provided in each financing statement.
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22(4) Medium for communicating information. In complying with its duty under
23sub. (3), the filing office may communicate information in any medium. However, if
24requested, the filing office shall communicate information by issuing a record that
1can be admitted into evidence in the courts of this state without extrinsic evidence
2of its authenticity.
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3(5) Timeliness of filing-office performance. The filing office shall perform
4the acts required by subs. (1) to (4) at the time and in the manner prescribed by
5filing-office rule, but not later than:
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(a) Five business days after the filing office receives the request for requests
7received before July 1, 2003; and
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(b) Two business days after the filing office receives the request for requests
9received on or after July 1, 2003.
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10(6) Public availability of records. At least weekly, the department of financial
11institutions shall offer to sell or license to the public on a nonexclusive basis, in bulk,
12copies of all records filed in it under this subchapter, in every medium from time to
13time available to the department of financial institutions.
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14(7) Liability of filing officer. No filing officer nor any of the filing officer's
15employees or agents shall be subject to personal liability by reason of any error or
16omission in the performance of any duty under this chapter except in case of
17misconduct as defined in s. 946.12.
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18409.524 Delay by filing office. Delay by the filing office beyond a time limit
19prescribed by this subchapter is excused if:
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20(1) The delay is caused by interruption of communication or computer
21facilities, war, emergency conditions, failure of equipment, or other circumstances
22beyond the control of the filing office; and
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23(2) The filing office exercises reasonable diligence under the circumstances.
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24409.525 Fees. (1) Initial financing statement or other record. Except as
25otherwise provided in this section, the fee for filing and indexing a record under this
1subchapter and the portion of the fee that an office duly authorized by the
2department under s. 409.501 (1) (b) may retain shall be prescribed by filing-office
3rule.
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4(2) Basis for rule. The rule under sub. (1) must set the fees for filing and
5indexing a record under this subchapter on the following basis:
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(a) If the record presented for filing is communicated to the filing office in
7writing and consists of more than 2 pages, the fee for filing and indexing the record
8must be at least twice the amount of the fee for a record communicated in writing that
9consists of 1 or 2 pages; and
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(b) If the record is communicated by another medium authorized by
11filing-office rule, the fee for filing and indexing the record must be no more than 50%
12of the amount of the fee for a record communicated in writing that consists of 1 or 2
13pages.
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14(3) Number of names. The number of names required to be indexed does not
15affect the amount of the fee under this section.
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16(4) Response to information request. Except as otherwise provided in this
17section, the fee for responding to a request for information from the filing office,
18including for communicating whether there is on file any financing statement
19naming a particular debtor, and the portion of the fee that an office duly authorized
20by the department under s. 409.501 (1) (b) may retain shall be prescribed by
21filing-office rule. The fee for responding to a request communicated in writing must
22be not less than twice the amount of the fee for responding to a request communicated
23by another medium authorized by filing-office rule. This subsection does not require
24that a fee be charged for remote access searching of the filing-office data base.
The
1rule promulgated pursuant to this subsection need not specify a fee for remote access
2searching of the filing-office data base.
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3(5) Record of mortgage. This section does not require a fee with respect to a
4record of a mortgage which is effective as a financing statement filed as a fixture
5filing or as a financing statement covering as-extracted collateral or timber to be cut
6under s. 409.502 (3). However, the recording and satisfaction fees that otherwise
7would be applicable to the record of the mortgage apply.
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8409.526 Filing-office rules. (1) Promulgation of filing-office rules. The
9secretary of financial institutions shall promulgate filing-office rules to implement
10this chapter. The filing-office rules must be:
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(a) Consistent with this chapter; and
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(b) Promulgated in accordance with ch. 227.
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13(2) Harmonization of rules. To keep the filing-office rules and practices of the
14filing office in harmony with the rules and practices of filing offices in other
15jurisdictions that enact substantially this subchapter, and to keep the technology
16used by the filing office compatible with the technology used by filing offices in other
17jurisdictions that enact substantially this subchapter, the secretary of financial
18institutions, so far as is consistent with the purposes, policies, and provisions of this
19chapter, in promulgating filing-office rules, shall:
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(a) Consult with filing offices in other jurisdictions that enact substantially this
21subchapter;
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(b) Consult the most recent version of the Model Rules promulgated by the
23International Association of Corporate Administrators or any successor
24organization; and
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1(c) Take into consideration the rules and practices of, and the technology used
2by, filing offices in other jurisdictions that enact substantially this subchapter.
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3409.527 Duty to report. The department of financial institutions shall
4include in its report under s. 15.04 (1) (d) a report on the operation of the filing office.
5The report must contain a statement of the extent to which:
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6(1) Harmonization of rules: filing offices in other jurisdictions. The
7filing-office rules are not in harmony with the rules of filing offices in other
8jurisdictions that enact substantially this subchapter and the reasons for these
9variations; and
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10(2) Harmonization of rules: model rules. The filing-office rules are not in
11harmony with the most recent version of the Model Rules promulgated by the
12International Association of Corporate Administrators, or any successor
13organization, and the reasons for these variations.