DFI-CCS 4.08 History History: CR 01-122: cr. Register February 2002 No. 554, eff 3-1-02; CR 23-026: am. (1) Register February 2024 No. 818, eff. 3-1-24.
DFI-CCS 4.09 DFI-CCS 4.09 Data entry of names - no designated fields.
DFI-CCS 4.09(1)(1)A UCC document that is an initial financing statement or an amendment that adds a debtor to a financing statement and that fails to specify whether the debtor is an individual or an organization shall be refused by the filing office.
DFI-CCS 4.09(2) (2)If a UCC document that is an initial financing statement or an amendment that adds a debtor to a financing statement and that fails to specify whether the debtor is an individual or an organization is accepted for filing in error, the following shall apply:
DFI-CCS 4.09(2)(a) (a) Identification of organizations. When not set forth in a field designated for individual names, a name shall be treated as an organization name if it contains words or abbreviations that indicate status. In cases where organization or individual status is not designated by the filer and is not clear, the filing officer shall use their own judgment.
DFI-CCS 4.09 Note Note: Example: Association, church, college, company, co., corp., corporation, inc., limited, ltd., club, foundation, fund, L.L.C., limited liability company, institute, society, union, syndicate, GmBH, S.A. de C.V., limited partnership, L.P., limited liability partnership, L.L.P., trust, business trust, co-op, cooperative and other designations established by statutes to indicate a statutory organization shall be treated as an organization name.
DFI-CCS 4.09(2)(b) (b) Identification of individuals. A name shall be entered as the name of an individual and not the name of an organization when the name is followed by certain titles or its equivalent in a foreign language.
DFI-CCS 4.09 Note Note: Example: proprietor, sole proprietor, proprietorship, sole proprietorship, partner, general partner, president, vice president, secretary, treasurer, M.D., O.D., D.D.S., attorney at law, Esq., accountant, or CPA. In such cases, the title shall not be entered.
DFI-CCS 4.09(2)(c) (c) Individual and organization names on a single line. Where it is apparent that the name of an individual and the name of an entity are stated on a single line and not in a designated individual name field, the name of the individual and the name of the entity shall be entered as two separate debtors, one as an individual and one as an entity.
DFI-CCS 4.09(2)(d) (d) Individual names. The failure to designate the last name of an individual debtor in an initial financing statement or an amendment adding the debtor to a financing statement shall cause a filing to be refused. If the filing is accepted in error, or if only the last name is designated, the following shall apply:
DFI-CCS 4.09(2)(d)1. 1. An initial in the first position of the name shall be treated as a first name. An initial in the second position of the name shall be treated as a middle name.
DFI-CCS 4.09(2)(d)2. 2. An initial and a name to which the initial apparently corresponds shall be entered into one name field only.
DFI-CCS 4.09 Note Note: Example: “D (David)" in the name “John D (David) Rockefeller" is entered as “John" (first name); “D (David)" (middle name); “Rockefeller" (last name).
DFI-CCS 4.09(2)(d)3. 3. Two individual names contained in a single line shall be entered as two, different debtors.
DFI-CCS 4.09 Note Note: Example: the debtor name “John and Mary Smith" is entered as two debtors: “John Smith", and “Mary Smith".
DFI-CCS 4.09(2)(d)4. 4. A one word name shall be entered as a last name.
DFI-CCS 4.09 Note Note: Example: “Charo" is treated as a last name.
DFI-CCS 4.09(2)(d)5. 5. A nickname shall be entered in the name field together with the name preceding the nickname, or if none, then as the first name.
DFI-CCS 4.09 Note Note: Example: “William (Bill) Jones".
DFI-CCS 4.09 History History: CR 01-122: cr. Register February 2002 No. 554, eff 3-1-02.
DFI-CCS 4.10 DFI-CCS 4.10 Verification of data entry. The filing officer shall verify the accuracy of data entry tasks performed by its staff through regular visual inspection of a substantial sample of entries. Data entry performed by remitters with respect to electronically filed UCC records is the responsibility of the remitter and is not verified by the filing officer.
DFI-CCS 4.10 History History: CR 01-122: cr. Register February 2002 No. 554, eff 3-1-02; CR 23-026: r. and recr. Register February 2024 No. 818, eff. 3-1-24.
DFI-CCS 4.11 DFI-CCS 4.11 Initial financing statement.
DFI-CCS 4.11(1)(1)A new record shall be opened in the UCC information management system for each initial financing statement that bears the file number of the financing statement and the date and time of filing.
DFI-CCS 4.11(2) (2)The name and address of each debtor that are legibly set forth in the financing statement shall be entered into the record of the financing statement. Each debtor name shall be included in the searchable index and shall not be removed until one year after the financing statement lapses. Debtor addresses shall not be included in the searchable index except to the extent the filing office offers or intends to offer limited searches or limited copy requests as provided in s. DFI-CCS 5.03.
DFI-CCS 4.11(3) (3)The name and address of each secured party that are legibly set forth in the financing statement shall be entered into the record of the financing statement.
DFI-CCS 4.11(4) (4)The record shall be indexed according to the name of the debtor and the filing number and maintained for public inspection.
DFI-CCS 4.11(5) (5)A lapse date shall be established for the financing statement, unless the initial financing statement indicates it is filed against a transmitting utility, and the lapse date is maintained as part of the record.
DFI-CCS 4.11 History History: CR 01-122: cr. Register February 2002 No. 554, eff 3-1-02.
DFI-CCS 4.12 DFI-CCS 4.12 Amendment.
DFI-CCS 4.12(1)(1)A record shall be created for the amendment that bears the file number for the amendment and the date and time of filing.
DFI-CCS 4.12(2) (2)The record of the amendment shall be associated with the record of the related initial financing statement in a manner that causes the amendment to be retrievable each time a record of the financing statement is retrieved.
DFI-CCS 4.12(3) (3)The name and address of each additional debtor and secured party shall be entered into the UCC information management system in the record of the financing statement. Each additional debtor name shall be added to the searchable index and shall not be removed until one year after the financing statement lapses. Debtor addresses shall not be included in the searchable index except to the extent the filing office offers or intends to offer limited searches or limited copy requests as provided in s. DFI-CCS 5.03.
DFI-CCS 4.12(4) (4)If the amendment is a continuation, a new lapse date shall be established for the financing statement and maintained as part of its record.
DFI-CCS 4.12(5) (5)Each individual amendment form shall include only one filing action and only amend information, which shall be indexed within the constraints of the form.
DFI-CCS 4.12 Note Note: Example: An individual may not add or change debtor and secured party on the same form.
DFI-CCS 4.12 History History: CR 01-122: cr. Register February 2002 No. 554, eff 3-1-02.
DFI-CCS 4.13 DFI-CCS 4.13 Correction statement. A record shall be created for the correction statement that bears the file number for the correction statement and the date and time of filing. The record of the correction statement shall be associated with the record of the related initial financing statement in a manner that causes the correction statement to be retrievable each time a record of the financing statement is retrieved.
DFI-CCS 4.13 History History: CR 01-122: cr. Register February 2002 No. 554, eff 3-1-02.
DFI-CCS 4.14 DFI-CCS 4.14 Global filings. The filing officer shall not accept for filing a single UCC document for the purpose of amending more than one financing statement, including an amendment to change secured party name, or amendment to change secured party address, or both.
DFI-CCS 4.14 History History: CR 01-122: cr. Register February 2002 No. 554, eff 3-1-02.
DFI-CCS 4.15 DFI-CCS 4.15 Notice of bankruptcy. The filing officer shall take no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system. Accordingly, financing statements shall lapse in the information management system as scheduled unless properly continued.
DFI-CCS 4.15 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.