Register February 2002 No. 554
Chapter DFI-CCS 2
ACCEPTANCE AND REFUSAL OF DOCUMENTS
Role of filing officer.
Duty to file.
Grounds for refusal of UCC document.
Grounds not warranting refusal.
Procedure upon refusal.
Ch. DFI-CCS 2 Note
Chapter DFI-CCS 2
was created as an emergency rule effective 10-24-01.
DFI-CCS 2.01 Role of filing officer.
The duties and responsibilities of the filing officer with respect to the administration of the UCC shall be ministerial. In accepting for filing or refusing to file a UCC document, the filing officer shall not do any of the following:
Determine the legal sufficiency or insufficiency of a document.
Determine that a security interest in collateral exists or does not exist.
Determine that information in the document is correct or incorrect, in whole or in part.
Create a presumption that information in the document is correct or incorrect, in whole or in part.
DFI-CCS 2.01 History
History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02. DFI-CCS 2.02
DFI-CCS 2.02 Duty to file.
Provided that there is no ground to refuse acceptance of the document under s. DFI-CCS 2.03
, a UCC document shall be filed upon its receipt by the filing officer with the filing fee, and the filing officer shall promptly assign a file number to the UCC document and index the document in the information management system.
DFI-CCS 2.02 History
History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02. DFI-CCS 2.03
DFI-CCS 2.03 Grounds for refusal of UCC document.
The following grounds shall be the sole grounds for the filing officer's refusal to accept a UCC document for filing:
All information that shall be indexed shall be in characters that appear on a standard computer keyboard.
All information shall be in American Standard Code for Information Exchange (“ASCII") character set. Only A through Z, 0 (zero) through 9, and "&" shall be considered searchable characters. All other characters shall be treated as punctuation.
Filings shall contain all information necessary for acceptance, shall be clearly identified, and shall be labeled in a manner readily apparent to the filing officer.
The documentation shall be headed by one of the titles listed in the following subdivisions, indicating that it should be filed in that UCC index category, or accompanied by a writing to be filed as part of the filing, instructing the filing officer that it shall be filed under one of the following UCC index category titles:
Federal tax liens set forth in s. 779.97
, Stats. shall be headed by one of the titles listed below, and the filing officer shall index them according to the “Federal Tax Lien Document Filing Manual" dated August, 1997:
DFI-CCS 2.03 Note
Note: A copy of the manual may be obtained by writing to UCC Section, Department of Financial Institutions, P.O. Box 7847, Madison, WI 53707-7847.
(2) Debtor name and address.
An initial financing statement or an amendment that adds a debtor shall be refused if the document fails to include a legible debtor name and address for a debtor, in the case of an initial financing statement, or for the debtor added in the case of an amendment. If the document contains more than one debtor name or address and some names or addresses are missing or illegible, the filing officer shall index the legible name and address pairings, and provide a notice to the remitter containing the file number of the document, identification of the debtor names that were indexed and a statement that debtors with illegible or missing names or addresses were not indexed.
(3) Additional debtor identification.
An initial financing statement or an amendment adding one or more debtors shall be refused if the document fails to identify whether each named debtor, or each added debtor in the case of an amendment, is an individual or an organization, if the last name of each individual debtor is not identified, or if, for each debtor identified as an organization, the document does not include in legible form the organization type, and state of organization and organization number, if it has one, or a statement that it does not have one.
(4) Secured party name and address.
An initial financing statement, an amendment that adds a secured party of record, or an assignment, shall be refused if the document fails to include a legible secured party, or assignee in the case of an assignment, name and address. If the document contains more than one secured party, or assignee, name or address and some names or addresses are missing or illegible, the filing officer shall refuse the UCC document.
(5) Lack of identification of initial financing statement.
A UCC document other than an initial financing statement shall be refused if the document does not provide a file number of a financing statement in the UCC information management system that has not lapsed.
(6) Timeliness of continuation.
A continuation shall be refused if it is not received during the 6-month period concluding on the day upon which the related financing statement would lapse. The first day on which a continuation may be filed shall be the date of the month corresponding to the date upon which the financing statement would lapse, 6 months preceding the month in which the financing statement would lapse. If there is no corresponding date during the sixth month preceding the month in which the financing statement would lapse, the first day on which a continuation may be filed shall be the last day of the sixth month preceding the month in which the financing statement would lapse, although filing by certain means may not be possible on this date if the filing office is not open on this date. The last day on which a continuation shall be filed is the date upon which the financing statement lapses.
A document shall be refused if the document is accompanied by less than the full filing fee tendered by a method described in rule s. DFI-CCS 1.10
(8) Means of communication.
UCC documents communicated to the filing office by a means of communication not authorized by the filing officer for the communication of UCC documents shall be refused.
(9) Multiple actions.
Each individual amendment form shall not include more than one filing action and shall only amend information that can be indexed within the constraints of the form.