The Comment Period ended on the date of the public hearing, July 18, 2023.
TEXT OF RULE
DFI-CCS 1.01 (20) (a) The standard initial financing statement (“UCC1”) which includes more than two or more UCC financing statement addendums (“UCC1ad”), or the standard amendment (“UCC3”) which includes more than 2 two or more UCC amendment addendums (“UCC3ad”) as set forth in Wis. Stat. s. 409.521. DFI-CCS 1.05 Office hours. Office hours shall be from 7:45 a.m. until 4:30 p.m. There shall be no office hours on state legal holidays. The office shall receive transmissions electronically 24 hours every day of the year, except for scheduled maintenance and unscheduled interruptions of service. Electronic communications may be retrieved and processed periodically, but not less often than once each day the filing office is open for business, on a batch basis.
DFI-CCS 1.06 (1) When filed by personal or courier delivery at the filing office’s street address, the file time shall be the time that the UCC document is accepted for review by the filing office of delivery even though the UCC document may not yet have been accepted for filing and may subsequently be rejected. A UCC document delivered after regular business hours or on a day the filing office is not open for business shall have a filing time of the start of business on the next day the filing office is open for business.
SECTION 4. Section DFI-CCS 1.06 (2) is repealed.
DFI-CCS 1.06 (4) (b) The file time for a UCC document delivered by these methods shall be the time that the filing office’s system analyzes the relevant transmission and determines that the required elements of the transmission have been received in the required format and are machine readable the required payment has been accepted.
DFI-CCS 1.07 Search request delivery. UCC search requests shall be delivered to the filing office by any of the means set forth in s. DFI-CCS 1.06. UCC search requests upon a debtor named on an initial financing statement shall 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. DFI-CCS 1.10 (1) (f) For filing and indexing federal tax liens under s. 779.97, Stats., $10.00 the fee specified in s. 779.97 (5), Stats. DFI-CCS 1.10 (1) (g) This section shall not apply to fees charged by a filing office described in s. 409.501 (1) (a), Stats. A filing office described in s. 409.501 (1) (a), Stats., shall charge fees in accordance with s. 59.43 (2) (e), Stats., unless the filing office is described in s. 190.11, Stats., or s. 409.501 (1) (b), Stats., in which case the fees charged shall be in accordance with pars. (a) through (f). DFI-CCS 1.10 (3) (a) For a UCC search request communicated on paper or in a paper-based format, $15.00 $50.00.
SECTION 10. Section DFI-CCS 1.10 (3) (c) is repealed and recreated to read:
DFI-CCS 1.10 (3) (c) For a copy of an individual financing statement and the filings associated therewith, $4.00.
SECTION 11. Section DFI-CCS 1.10 (3) (d) is repealed.
SECTION 12. Section DFI-CCS 1.10 (3) (e) is repealed and recreated to read:
(e) Fees for other services are as follows:
1.
A copy of weekly data base updates of indexed filings, $250.00.2.
A copy of the full data base of indexed filings, which shall at a minimum include both active filings and filings that have lapsed within the last year, $500.00.3.
Images of indexed filings of UCC documents filed in the most recent calendar week, $250.00.4.
A full index of UCC images, $250 plus any third-party vendor charges to retrieve and provide the images. The Department shall provide the requester with an estimate of any third-party vendor charges before incurring them, and it may require the requester to pay all or a portion of such charges in advance.5.
Certification of any individual document or image requested under this section, $10.00.6.
If requested at the time of initial online filing, notification service providing notice of an upcoming lapse or any amendment, $7.00 per financing statement.SECTION 13. Section DFI-CCS 1.11 (1) is repealed.
DFI-CCS 1.11 (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, for the full amount due and owing shall be accepted for payment if they are cashier’s checks, certified checks and, or other negotiable instruments made payable to the filing office through a depository institution located in the United States.
DFI-CCS 1.11 (4) Debit cards or credit cards, or both. The department may accept payment by debit or credit cards, or both, from a major card company approved by the department. Remitters shall provide the filing officer with the card number, the expiration date of the card, the name of the approved card issuer, the name of the person or entity to whom the card was issued, and the billing address for the card. Payment shall not be deemed tendered until the issuer or its agent has confirmed to the filing office that payment shall be forthcoming via the department’s online payment system.
Individually identified documents Documents relating to specific financing statements. Copies of individually identified UCC documents shall be available in paper or portable document format (“pdf”). Requests for individual UCC documents relating to one or more specific financing statements shall be delivered to the filing office by any of the means by which UCC documents may be delivered.
DFI-CCS 1.13 (3) (b) Full extract. A bulk data extract of information from the UCC information management system, or a bulk data extract and updates since the last full extract shall be available weekly monthly.
SECTION 18. Section DFI-CCS 2.03 (1) (d) is repealed.
DFI-CCS 2.03 (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 refuse the document.
(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.
DFI-CCS 2.03 (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 an initial a financing statement in the UCC information management system that has not lapsed.
DFI-CCS 2.03 (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 on 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.
DFI-CCS 2.03 (9) Multiple actions. Each An individual amendment form shall not include be refused if it includes more than one filing action and shall only amend or if it amends information that can cannot be indexed within the constraints of the form.
SECTION 22. Section DFI-CCS 2.03 (10) is repealed.
SECTION 23. Sections DFI-CCS 2.04 (title), (intro.), and DFI-CCS 2.04 (1) to (7) and (7) Note are repealed.
SECTION 24. Section DFI-CCS 2.04 (8) is renumbered DFI-CCS 2.03 (11) and is amended to read:
DFI-CCS 2.03 (11) Identifying information. A UCC document that does not identify itself as an amendment or identify an initial financing statement to which it relates, as required by s. 409.512, 409.514 or 409.518, Stats., shall be an initial financing statement refused for filing. DFI-CCS 2.05 Procedure upon refusal. If the filing officer finds grounds under s. DFI-CCS 2.03 to refuse acceptance of a UCC document, the filing officer shall return the document, if written, to the remitter. The filing officer shall send a notice that contains the date and time the document would have been filed had it been accepted for filing, unless the date and time are stamped on the document, and a brief description of the reason for refusal to accept the document under s. DFI-CCS 2.03 and a statement that the office will, upon request of the remitter, provide the remitter with the date and time the document would have been filed had it been accepted for filing. DFI-CCS 2.06 Acknowledgment. At the request of a filer or remitter who files a paper or paper-based UCC document, the The filing officer shall either send to said each filer or remitter an image of the record of the UCC document showing the file number assigned to it and the date and time of filing or, if the filer or remitter provides a copy of the UCC document, note the file number and the date and time of filing on the copy and deliver or send it to filer or remitter. For UCC documents not filed in paper or paper-based form the filing officer shall communicate to the filer or remitter the information in the filed document, the file number, and the date and time of filing.
DFI-CCS 2.08 Refusal errors. If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC document that was refused for filing should not have been refused under s. DFI-CCS 2.03, the filing officer shall do all the following: (1)
File the UCC document with the filing date and time assigned when the filing was originally tendered for filing;.(2)
File an officer’s a statement that sets forth the date and time the filing was marked active and states that the effective date and time of filing is the date and time the UCC document was originally tendered for filing. The demonstration of error shall constitute the secured party’s authorization to file the statement; and. SECTION 28. Section DFI-CCS 2.08 (3) is repealed.
DFI-CCS 3.02 (5) Status of financing statement. In the information management system, each financing statement shall have a status of active or inactive lapsed.
SECTION 30. Section DFI-CCS 3.03 (4) (a) is renumbered DFI-CCS 3.03 (4).
SECTION 31. Section DFI-CCS 3.03 (4) (b) is repealed.
DFI-CCS 3.04 (2) Truncation - organization names. The organization name field in the UCC database shall be fixed in length. The maximum length shall be 300 characters. Although filers should continue to provide full names on UCC documents, a name that exceeds the fixed length shall be entered as presented to the filing officer, up to the maximum length of the data entry field.
DFI-CCS 3.14 XML 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 creates an account for the billing payment of fees by the filing officer to the filing office, the remitter has entered into a user agreement, in form and substance satisfactory to the filing office, 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.
SECTION 34. Section DFI-CCS 3.15 is repealed.
Note: Requests should be sent to UCC Section, Department of Financial Institutions, P.O. Box 7847, Madison, WI 43707-7847 53707-7847, or to DFI-UCC@dfi.wisconsin.gov. SECTION 36. DFI-CCS 3.18 is amended to read:
DFI-CCS 3.18 Acceptance 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 office’s 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. SECTION 37. DFI-CCS 3.19 is repealed.
SECTION 38. DFI-CCS 4.02 (3) (c) is amended to read:
DFI-CCS 4.02 (3) (c) Correspondence. If there is ground for refusal of the document, notification of refusal to accept the document shall be prepared as provided in s. DFI-CCS 2.05. If there is no ground for refusal of the document, an acknowledgment of filing shall be prepared as provided in s. DFI-CCS 2.06. If the UCC document was tendered in person, notice of refusal or acknowledgment of the filing shall be given to the remitter by personal delivery or postal delivery. If the UCC document was tendered electronically, the notice or acknowledgment shall be transmitted to the remitter by the same method in which it was received. Regardless of the response method, the The response shall include the UCC document filed as well as the information required by s. DFI-CCS 2.05 or 2.06. Acknowledgment of filing or notice of refusal of a UCC document tendered by means other than personal delivery or electronic transmission shall be sent to the secured party, or the first secured party if there are more than one, named on the UCC document, or to the remitter if the remitter so requests by regular mail or by overnight courier if the remitter provides a prepaid waybill or access to the remitter’s account with the courier. SECTION 39. DFI-CCS 4.08 (1) is amended to read:
DFI-CCS 4.08 (1) ORGANIZATION NAMES. Organization names shall be entered into the UCC information management system exactly as set forth in the UCC document, even if it appears that multiple names are set forth in the document or if it appears that the name of an individual has been included in the field designated for an organization name.
SECTION 40. DFI-CCS 4.10 is repealed and recreated to read:
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.
SECTION 41. DFI-CCS 5.02 (4) is repealed.
SECTION 42. DFI-CCS 5.03 (1) to (4) are amended to read:
(1)
DFI-CCS 5.03 Optional information. (1) A request to include in the report all unlapsed filings, active filings or inactive filings or all unlapsed filings and all filings that have lapsed within one year of the request date.(2)
A request that asks for copies of documents referred to in the report be included with the report. The request may limit the copies requested by limiting them by reference to the address of the debtor, the city, village, or town of the debtor, the date of filing, or a range of filing dates, or the identity of the secured party of record on the financing statements located by the related search. The request may ask for copies of UCC documents identified on the primary search response.
