DFI-CCS 3.07 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
DFI-CCS 3.08 DFI-CCS 3.08Amendment. Upon the filing of an amendment, the status of the parties and the status of the financing statement shall be as follows:
DFI-CCS 3.08(1) (1)Status of secured party and debtor.
DFI-CCS 3.08(1)(a)(a) Collateral amendment or address change. An amendment that amends only the collateral description or one or more addresses shall have no effect upon the status of any debtor or secured party. If a statement of amendment is authorized by less than all of the secured parties, or, in the case of an amendment that adds collateral, less than all of the debtors, the statement shall affect only the interests of each authorizing secured party or debtor.
DFI-CCS 3.08(1)(b) (b) Debtor name change. An amendment that changes a debtor's name shall have no effect on the status of any debtor or secured party, except that the related initial financing statement, and all UCC documents that include an identification of the initial financing statement shall be cross-indexed in the UCC information management system so that a search under either the debtor's old name or the debtor's new name shall reveal the initial financing statement and the related UCC documents. The statement of amendment shall affect only the rights of its authorizing secured party.
DFI-CCS 3.08(1)(c) (c) Secured party name change. An amendment that changes the name of a secured party shall have no effect on the status of any debtor or any secured party, but the new name shall be added to the index as if it were a new secured party of record.
DFI-CCS 3.08(1)(d) (d) Addition of a debtor. An amendment that adds a new debtor name shall have no effect upon the status of any party to the financing statement, except the new debtor name shall be added as a new debtor on the financing statement. The addition shall affect only the rights of the secured party authorizing the statement of amendment.
DFI-CCS 3.08(1)(e) (e) Addition of a secured party. An amendment that adds a new secured party shall not affect the status of any party to the financing statement, except that the new secured party name shall be added as a new secured party on the financing statement.
DFI-CCS 3.08(1)(f) (f) Deletion of a debtor. An amendment that deletes a debtor shall have no effect on the status of any party to the financing statement, even if the amendment purports to delete all debtors.
DFI-CCS 3.08(1)(g) (g) Deletion of a secured party. An amendment that deletes a secured party of record shall have no effect on the status of any party to the financing statement, even if the amendment purports to delete all secured parties of record.
DFI-CCS 3.08(2) (2)Status of financing statement. An amendment shall have no effect upon the status of the financing statement, except that a continuation shall extend the period of effectiveness of a financing statement.
DFI-CCS 3.08 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
DFI-CCS 3.09 DFI-CCS 3.09Assignment of powers of secured party of record.
DFI-CCS 3.09(1)(1)Status of the parties. An assignment shall have no effect on the status of the parties to the financing statement, except that each assignee named in the assignment shall become a secured party of record.
DFI-CCS 3.09(2) (2)Status of financing statement. An assignment shall have no effect upon the status of the financing statement.
DFI-CCS 3.09 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
DFI-CCS 3.10 DFI-CCS 3.10Continuation.
DFI-CCS 3.10(1) (1)Continuation of lapse date. Upon the timely filing of one or more continuations by any secured party of record, the lapse date of the financing statement shall be postponed for 5 years.
DFI-CCS 3.10(2) (2)Status of parties. The filing of a continuation shall have no effect upon the status of any party to the financing statement.
DFI-CCS 3.10(3) (3)Status of financing statement. Upon the filing of a continuation statement, the status of the financing statement shall remain active.
DFI-CCS 3.10 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
DFI-CCS 3.11 DFI-CCS 3.11Termination.
DFI-CCS 3.11(1) (1)Status of parties. The filing of a termination shall have no effect upon the status of any party to the financing statement.
DFI-CCS 3.11(2) (2)Status of financing statement. A termination shall have no effect upon the status of the financing statement and the financing statement shall remain active in the information management system until one year after it lapses, unless the termination relates to a financing statement that indicates it is filed against a transmitting utility, in which case the financing statement shall become inactive one year after it is terminated with respect to all secured parties of record.
DFI-CCS 3.11 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
DFI-CCS 3.12 DFI-CCS 3.12Correction statement.
DFI-CCS 3.12(1) (1)Status of parties. The filing of a correction statement shall have no effect upon the status of any party to the financing statement.
DFI-CCS 3.12(2) (2)Status of financing statement. A correction statement shall have no effect upon the status of the financing statement.
DFI-CCS 3.12 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
DFI-CCS 3.13 DFI-CCS 3.13Procedure upon lapse. If there is no timely filing of a continuation with respect to a financing statement, the financing statement shall lapse on its lapse date. On the first anniversary of the lapse date, the information management system renders or is caused to render the financing statement inactive and the financing statement shall no longer be made available to a searcher unless inactive statements are requested by the searcher and the financing statement is still retrievable by the information management system.
DFI-CCS 3.13 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
DFI-CCS 3.14 DFI-CCS 3.14XML authorized. When XML is available a remitter may be authorized for XML transmission upon the written authorization of the filing officer. The filing officer shall authorize a remitter to engage in XML transmissions if the remitter holds an account for the billing of fees by the filing officer, the remitter has entered into a user agreement, in form and substance satisfactory to the filing officer, with the department, and the filing officer determines, after appropriate testing of transmissions in accordance with the filing officer's specifications, that the remitter is capable of transmitting XML documents in a manner that permits the filing officer to receive, index, and retrieve the XML documents. The filing officer may suspend or revoke the authorization when, in the filing officer's sole discretion, the filing officer determines that a remitter's transmissions are incompatible with the filing officer's XML system. A request to be authorized to transmit XML documents shall be in writing and delivered to the filing officer. Upon receipt of a request for authorization, the filing officer shall provide the remitter with necessary information on the requirements for XML transmission, including format, address for transmission, and other necessary specifications.
DFI-CCS 3.14 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
DFI-CCS 3.15 DFI-CCS 3.15IACA standard adopted. The XML format, as adopted by the International Association of Corporation Administrators, shall be the format for electronic transmission of UCC documents, although the filing officer may, periodically and at the request of an authorized XML remitter, identify which versions and releases of the XML format are then in use by and acceptable to the filing office.
DFI-CCS 3.15 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
DFI-CCS 3.16 DFI-CCS 3.16Implementation guide. The filing office shall publish an implementation guide that prescribes in further detail the use of the XML format in the UCC filing system. The guide shall be available upon request made in writing to the filing office.
DFI-CCS 3.16 Note Note: Requests should be sent to UCC Section, Department of Financial Institutions, P.O. Box 7847, Madison, WI 53707-7847.
DFI-CCS 3.16 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
DFI-CCS 3.17 DFI-CCS 3.17Refusal of XML document. A record transmitted to the filing officer that is not machine readable, has been refused under s. DFI-CCS 2.03, or does not contain the information required by the implementation guide referred to in s. DFI-CCS 3.16 in an acceptable format shall be refused. The filing officer shall provide regularly scheduled, not less frequently than daily, electronic notices to the relevant remitter containing identification of XML documents refused and appropriate error codes or explanations for the refusal as provided in s. DFI-CCS 2.05 when possible. However, records that cannot be read because they are garbled or are in improperly structured data packets, or which are received from persons not authorized for XML by the filing office shall not receive a refusal response. Readable transmissions from authorized transmitters shall generate electronic confirmation of acceptance or rejection.
DFI-CCS 3.17 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
DFI-CCS 3.18 DFI-CCS 3.18Acceptance and archives. An XML document shall not accepted for filing at the time it is received by the filing office. An XML document shall be accepted only after it is analyzed by the filing offices XML system and it is determined that the XML document is machine readable and all required elements of the transmission have been received in an approved format. Upon acceptance of an XML document for filing, a report shall automatically be generated which shall contain all of the information related to the document including all information transmitted by the remitter for inclusion in the document as prescribed by the implementation guide referred to in s. DFI-CCS 3.16. The information contained in the report shall promptly be rendered and stored in a record. The filing officer shall provide regularly scheduled, not less frequently than daily, electronic notices to remitters of accepted XML documents to confirm the acceptance and the creation of the record.
DFI-CCS 3.18 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
DFI-CCS 3.19 DFI-CCS 3.19XML UCC search requests.
DFI-CCS 3.19(1) (1) UCC search requests shall be submitted electronically by persons authorized to submit XML documents in the manner set forth in the implementation guide referred to in s. DFI-CCS 3.16. Unless otherwise specified in the implementation guide, accepted requests shall generate searches conducted under the same search criteria applicable to search requests not submitted electronically.
DFI-CCS 3.19(2) (2) Electronic search requests shall be submitted only by persons who are authorized to transmit XML documents pursuant to s. DFI-CCS 3.14 and who have entered into arrangements acceptable to the filing officer for the payment of search and copy fees.
DFI-CCS 3.19(3) (3) Responses to electronic search requests shall be made available electronically as soon as practicable in a manner to be specified in the implementation guide referred to in s. DFI-CCS 3.16. The responses may, for a time, be limited to a search report with copies of reported documents being made available by non-electronic means. Until electronic responses are available in any form, responses to electronic search requests shall be generated and transmitted in the same manner and by the same means as responses to non-electronic search requests.
DFI-CCS 3.19 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
DFI-CCS 3.20 DFI-CCS 3.20One-debtor limitation. An XML document shall not name more than one debtor on a single name field. An XML document that purports to name more than one debtor on a single name field shall be treated as having named a single debtor with the name as set forth in the relevant field. Multi-debtor UCC documents shall be filed only by using additional debtor name fields.
DFI-CCS 3.20 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.