AB150-engrossed, s. 6443b 10Section 6443b. 409.401 (1) (c) of the statutes is amended to read:
AB150-engrossed,2183,1211 409.401 (1) (c) In all other cases, in the office of the secretary of state with the
12department
.
AB150-engrossed, s. 6444b 13Section 6444b. 409.401 (5) of the statutes is amended to read:
AB150-engrossed,2183,1814 409.401 (5) Notwithstanding the preceding subsections, and subject to s.
15409.302 (3), the proper place to file in order to perfect a security interest in collateral,
16including fixtures, of a transmitting utility is the office of the secretary of state with
17the department
. This filing constitutes a fixture filing under s. 409.313 as to the
18collateral described therein which is or is to become fixtures.
AB150-engrossed, s. 6445b 19Section 6445b. 409.402 (3m) of the statutes is amended to read:
AB150-engrossed,2183,2420 409.402 (3m) The secretary of state department shall prescribe by rule
21standard forms for filing a financing statement, continuation statement,
22termination statement, statement of assignment or statement of release. A filing
23officer may refuse to accept statements not on the required form or not containing
24information required under sub. (1).
AB150-engrossed, s. 6446 25Section 6446. 409.403 (3) of the statutes is amended to read:
AB150-engrossed,2184,22
1409.403 (3) A continuation statement may be filed by the secured party within
26 months prior to the expiration of the 5-year period specified in sub. (2). Any such
3continuation statement must be signed by the secured party, identify the original
4statement by file number and state that the original statement is still effective. A
5continuation statement signed by a person other than the secured party of record
6must be accompanied by a separate written statement of assignment signed by the
7secured party of record and complying with s. 409.405 (2), including payment of the
8required fee. Upon timely filing of the continuation statement, the effectiveness of
9the original statement is continued for 5 years after the last date to which the filing
10was effective whereupon it lapses in the same manner as provided in sub. (2) unless
11another continuation statement is filed prior to such lapse. Succeeding continuation
12statements may be filed in the same manner to continue the effectiveness of the
13original statement. Unless a statute on disposition of public records provides
14otherwise, the filing officer may remove a lapsed statement from the files and destroy
15it immediately if the officer has retained a microfilm or other photographic record or
16an optical disk or electronic copy. In other cases a lapsed statement may not be
17destroyed until after one year after the lapse. The filing officer shall so arrange
18matters by physical annexation of financing statements to continuation statements
19or other related filings, or by other means, that if the officer physically destroys the
20financing statements of a period more than 5 years past, those which have been
21continued by a continuation statement or which are still effective under sub. (6) shall
22be retained.
AB150-engrossed, s. 6447 23Section 6447. 409.403 (4) of the statutes is amended to read:
AB150-engrossed,2185,424 409.403 (4) Except as provided in sub. (7), a filing officer shall mark each
25statement with a file number and with the date and hour of filing and shall hold the

1statement or a microfilm or other photographic copy thereof, or an optical disk or
2electronic
copy thereof, for public inspection. In addition the filing officer shall index
3the statements according to the name of the debtor and shall note in the index the
4file number and the address of the debtor given in the statement.
AB150-engrossed, s. 6448b 5Section 6448b. 409.403 (5) (a) 1. of the statutes is amended to read:
AB150-engrossed,2185,136 409.403 (5) (a) 1. The fee for filing and indexing and for stamping a copy
7furnished by the secured party to show the date and place of filing for an original
8financing statement is $8 if the statement is on the standard form prescribed by the
9secretary of state department and is $16 if the statement is not on the standard form
10or if additional pages are attached to the standard form. The fee for filing an original
11financing statement subject to s. 409.402 (5) is $10 if the statement is on the standard
12form and is $20 if the statement is not on the standard form or if additional pages
13are attached to the standard form.
AB150-engrossed, s. 6449b 14Section 6449b. 409.403 (5) (a) 2. of the statutes is amended to read:
AB150-engrossed,2185,2015 409.403 (5) (a) 2. The fee for filing and indexing and for stamping a copy
16furnished by the secured party to show the date and place of filing for an amendment
17or a continuation statement is $5 if the amendment or statement is on the standard
18form prescribed by the secretary of state department and is $10 if the amendment
19or statement is not on the standard form or if additional pages are attached to the
20standard form.
AB150-engrossed, s. 6450b 21Section 6450b. 409.403 (5) (a) 3. of the statutes, as affected by 1993 Wisconsin
22Act 452
, is amended to read:
AB150-engrossed,2186,223 409.403 (5) (a) 3. A register of deeds shall forward $3 to the office of the
24secretary of state
department for each original financing statement filed with the

1office of the register of deeds under subd. 1. and for each amendment and each
2continuation statement filed with the office of the register of deeds under subd. 2.
AB150-engrossed, s. 6451b 3Section 6451b. 409.403 (5) (b) (title) of the statutes is amended to read:
AB150-engrossed,2186,54 409.403 (5) (b) (title) Fees for filing with the office of the secretary of state
5department of financial institutions.
AB150-engrossed, s. 6452b 6Section 6452b. 409.403 (5) (b) 1. of the statutes is amended to read:
AB150-engrossed,2186,117 409.403 (5) (b) 1. The fee for filing and indexing and for stamping a copy
8furnished by the secured party to show the date and place of filing for an original
9financing statement is $8 if the statement is on the standard form prescribed by the
10secretary of state department and is $16 if the statement is not on the standard form
11or if additional pages are attached to the standard form.
AB150-engrossed, s. 6453b 12Section 6453b. 409.403 (5) (b) 2. of the statutes is amended to read:
AB150-engrossed,2186,1813 409.403 (5) (b) 2. The fee for filing and indexing and for stamping a copy
14furnished by the secured party to show the date and place of filing for an amendment
15or a continuation statement is $5 if the amendment or statement is on the standard
16form prescribed by the secretary of state department and is $10 if the amendment
17or statement is not on the standard form or if additional pages are attached to the
18standard form.
AB150-engrossed, s. 6454b 19Section 6454b. 409.404 (1) (b) of the statutes is amended to read:
AB150-engrossed,2187,620 409.404 (1) (b) (title) Requirement for filing termination statement with the
21office of secretary of state department of financial institutions. Except as provided in
22par. (c), if a financing statement is filed with the office of the secretary of state
23department, then within one month or within 10 days following written demand by
24the debtor after there is no outstanding secured obligation and no commitment to
25make advances, incur obligations or otherwise give value, the secured party must file

1with the office of the secretary of state department a termination statement to the
2effect that the secured party no longer claims a security interest under the financing
3statement, which shall be identified by file number. A termination statement signed
4by a person other than the secured party of record must be accompanied by a separate
5written statement of assignment signed by the secured party of record complying
6with s. 409.405 (2), including payment of the required fee.
AB150-engrossed, s. 6455b 7Section 6455b. 409.404 (1) (c) (intro.) of the statutes is amended to read:
AB150-engrossed,2187,118 409.404 (1) (c) (title) Exceptions to requirement for filing termination statement
9with the
office of the secretary of state department of financial institutions. (intro.)
10No termination statement needs to be filed with the office of the secretary of state
11department pursuant to par. (b) if:
AB150-engrossed, s. 6456 12Section 6456. 409.404 (2) of the statutes is amended to read:
AB150-engrossed,2187,2213 409.404 (2) On presentation to the filing officer of a termination statement the
14officer must note it in the index. If the officer has received the termination statement
15in duplicate, the officer shall return one copy of the termination statement to the
16secured party stamped to show the time of receipt. If the filing officer has a
17microfilm, other photographic record or optical disk or electronic copy of the
18financing statement, and of any related continuation statement, statement of
19assignment and statement of release, the officer may remove the originals from the
20files at any time after receipt of the termination statement, or if the officer has no
21such record, the officer may remove them from the files at any time after one year
22after receipt of the termination statement.
AB150-engrossed, s. 6457b 23Section 6457b. 409.404 (3) (b) of the statutes is amended to read:
AB150-engrossed,2188,324 409.404 (3) (b) (title) Fees for filing a termination statement with the office of
25the secretary of state
department of financial institutions. There is no fee for a

1termination statement which is filed with the office of the secretary of state
2department and there is no fee for indexing any name in connection with the
3termination process.
AB150-engrossed, s. 6458b 4Section 6458b. 409.405 (1) of the statutes, as affected by 1993 Wisconsin Act
5452
, is amended to read:
AB150-engrossed,2188,226 409.405 (1) An original financing statement may disclose an assignment of a
7security interest in the collateral described in the financing statement by indication
8in the financing statement of the name and address of the assignee or by an
9assignment itself or a copy thereof on the face or back of the statement. On
10presentation to the filing officer of such a financing statement the filing officer shall
11mark the same as provided in s. 409.403 (4). The fee for filing, indexing and stamping
12a copy furnished by the secured party to show the date and place of filing for an
13original financing statement so indicating an assignment is $8 if the statement is on
14the standard form prescribed by the secretary of state department and is $16 if the
15statement is not on the standard form or if additional pages are attached to the
16standard form. The fee for filing an original financing statement indicating an
17assignment and subject to s. 409.402 (5) is $10 if the statement is on the standard
18form and is $20 if the statement is not on the standard form or if additional pages
19are attached to the standard form. A register of deeds shall forward $3 to the office
20of the secretary of state
department for each original financing statement indicating
21an assignment of a security interest that is filed with the office of the register of
22deeds.
AB150-engrossed, s. 6459b 23Section 6459b. 409.405 (2) of the statutes, as affected by 1993 Wisconsin Act
24452
, is amended to read:
AB150-engrossed,2189,25
1409.405 (2) A secured party may assign of record all or part of his or her rights
2under a financing statement by the filing in the place where the original financing
3statement was filed of a separate written statement of assignment signed by the
4secured party of record and setting forth the name of the secured party of record and
5the debtor, the file number and the date of filing of the financing statement and the
6name and address of the assignee and containing a description of the collateral
7assigned. A copy of the assignment is sufficient as a separate statement if it complies
8with the preceding sentence. On presentation to the filing officer of such a separate
9statement, the filing officer shall mark such separate statement with the date and
10hour of the filing. The officer shall note the assignment on the index of the financing
11statement, or in the case of a fixture filing, or a filing covering timber to be cut, or
12covering minerals or the like, including oil and gas, or accounts subject to s. 409.103
13(5), the officer shall index the assignment under the name of the assignor as grantor
14and, to the extent that the law of this state provides for indexing the assignment of
15a mortgage under the name of the assignee, the officer shall index the assignment
16of the financing statement under the name of the assignee. The fee for filing,
17indexing and furnishing filing data about such a separate statement of assignment
18is $5 if the statement is on the standard form prescribed by the secretary of state
19department and is $10 if the statement is not on the standard form or if additional
20pages are attached to the standard form. A register of deeds shall forward $3 to the
21office of the secretary of state department for each statement of assignment filed with
22the office of the register of deeds. Notwithstanding this subsection, an assignment
23of record of a security interest in a fixture contained in a mortgage effective as a
24fixture filing under s. 409.402 (6) may be made only by an assignment of the
25mortgage in the manner provided by the law of this state other than chs. 401 to 411.
AB150-engrossed, s. 6460b
1Section 6460b. 409.406 of the statutes, as affected by 1993 Wisconsin Act 452,
2is amended to read:
AB150-engrossed,2190,19 3409.406 Release of collateral; duties of filing officer; fees. A secured
4party of record may by his or her signed statement release all or a part of any
5collateral described in a filed financing statement. The statement of release is
6sufficient if it contains a description of the collateral being released, the name and
7address of the debtor, the name and address of the secured party, and the file number
8of the financing statement. A statement of release signed by a person other than the
9secured party of record must be accompanied by a separate written statement of
10assignment signed by the secured party of record and complying with s. 409.405 (2),
11including payment of the required fee. Upon presentation of such a statement of
12release to the filing officer, the officer shall mark the statement with the hour and
13date of filing and shall note the same upon the margin of the index of the filing of the
14financing statement. The fee for filing and noting such a statement of release is $5
15if the statement is on the standard form prescribed by the secretary of state
16department and is $10 if the statement is not on the standard form or if additional
17pages are attached to the standard form. A register of deeds shall forward $3 to the
18office of the secretary of state department for each statement of release filed with the
19office of the register of deeds.
AB150-engrossed, s. 6461 20Section 6461. 409.407 (2) (c) of the statutes is created to read:
AB150-engrossed,2190,2521 409.407 (2) (c) For providing any service under par. (a) or (b) in an expeditious
22manner, the secretary of state may charge and collect an expedited service fee of $25
23in addition to any fee required under par. (a) or (b). Only one expedited service fee
24may be charged for multiple identical certificates if the certificates are requested at
25the same time and issued at the same time.
AB150-engrossed, s. 6462b
1Section 6462b. 409.407 (2) (c) of the statutes, as created by 1995 Wisconsin
2Act .... (this act), is amended to read:
AB150-engrossed,2191,73 409.407 (2) (c) For providing any service under par. (a) or (b) in an expeditious
4manner, the secretary of state department may charge and collect an expedited
5service fee of $25 in addition to any fee required under par. (a) or (b). Only one
6expedited service fee may be charged for multiple identical certificates if the
7certificates are requested at the same time and issued at the same time.
AB150-engrossed, s. 6463 8Section 6463. 409.409 of the statutes is amended to read:
AB150-engrossed,2191,13 9409.409 Storage of records. Whenever in this chapter a filing officer is
10required to mark, index or file any financing statement, termination statement,
11continuation statement, statement of assignment or statement of release, the officer
12may destroy the original statement after a microfilm or other photographic copy or
13an optical disk or electronic copy has been prepared and filed for retention.
AB150-engrossed, s. 6464b 14Section 6464b. 409.410 (1) of the statutes is amended to read:
AB150-engrossed,2191,1815 409.410 (1) The office of the secretary of state department and the office of each
16register of deeds in this state shall establish and maintain at least one computer
17terminal allowing the direct entry into permanent computer storage and the direct
18retrieval from permanent computer storage of information under sub. (2).
AB150-engrossed, s. 6465b 19Section 6465b. 409.410 (2) of the statutes is amended to read:
AB150-engrossed,2192,220 409.410 (2) Beginning 30 days after notification by the secretary of state
21department, each filing officer shall enter all information contained in all financing
22statements, amendments, termination statements, continuation statements,
23statements of assignment and statements of release submitted for filing, indexing
24or marking under ss. 409.401 to 409.408, including the date and time of filing these

1statements or amendments, into permanent computer storage by means of a
2computer terminal established and maintained under sub. (1).
AB150-engrossed, s. 6466 3Section 6466. 422.501 (2) (b) 8. of the statutes is amended to read:
AB150-engrossed,2192,64 422.501 (2) (b) 8. A person registered as a mortgage banker, loan originator or
5loan solicitor under s. 440.72 224.72 if the person is acting within the course and
6scope of that registration.
AB150-engrossed, s. 6467b 7Section 6467b. 422.505 (1) (d) of the statutes is amended to read:
AB150-engrossed,2192,108 422.505 (1) (d) The credit services organization's principal business address
9and the name and address of its agent in this state, other than the secretary of state
10department of financial institutions, who is authorized to receive service of process.
AB150-engrossed, s. 6468 11Section 6468. 422.505 (1) (e) of the statutes is amended to read:
AB150-engrossed,2192,1512 422.505 (1) (e) A conspicuous statement, in not less than 8-point boldface type,
13as follows: "THIS CREDIT SERVICES ORGANIZATION IS REGISTERED BY THE
14OFFICE OF THE COMMISSIONER OF BANKING, P.O. BOX 7876, MADISON,
15WISCONSIN 53707
DIVISION OF BANKING at .... (insert address)."
AB150-engrossed, s. 6469 16Section 6469. 426.103 of the statutes is amended to read:
AB150-engrossed,2192,18 17426.103 Administrator. "Administrator" means the commissioner division
18of banking (s. 220.02).
AB150-engrossed, s. 6470 19Section 6470. 426.104 (2) (intro.) of the statutes is amended to read:
AB150-engrossed,2193,220 426.104 (2) (intro.) The administrator shall report annually on practices in
21consumer transactions, on the use of consumer credit in the state, on problems
22attending the collection of debts, on the problems of persons of limited means in
23consumer transactions, and on the operation of chs. 421 to 427. For the purpose of
24making the report, the administrator may conduct research and make appropriate

1studies. The report shall be included in the report of the commissioner division of
2banking under s. 220.14 and shall include:
AB150-engrossed, s. 6470m 3Section 6470m. 426.104 (4) (ab) of the statutes is created to read:
AB150-engrossed,2193,74 426.104 (4) (ab) 1. Upon the request of any person, the administrator shall
5review any act, practice, procedure or form that has been submitted to the
6administrator in writing to determine whether the act, practice, procedure or form
7is consistent with chs. 421 to 427.
AB150-engrossed,2193,108 2. The administrator may charge the person making a request under subd. 1.
9for necessary expenses incurred in conducting the review, except the administrator
10may not charge any of the following persons:
AB150-engrossed,2193,1111 a. A person registered under s. 426.201.
AB150-engrossed,2193,1312 b. A trade organization, if a majority of the members of the trade organization
13are registered under s. 426.201.
AB150-engrossed,2193,1514 3. Any charge assessed under subd. 2. shall be paid within 30 days after the
15date on which the administrator assesses the charge.
AB150-engrossed, s. 6470y 16Section 6470y. 426.110 (4) (b) of the statutes is amended to read:
AB150-engrossed,2193,2117 426.110 (4) (b) Such notice shall be in writing and shall be sent by certified or
18registered mail, return receipt requested, to such person at the place where the
19transaction occurred, such person's principal place of business within this state, or,
20if neither will effect actual notice, the office of the secretary of state of this state
21department of financial institutions.
AB150-engrossed, s. 6471b 22Section 6471b. Subchapter II (title) of chapter 426 [precedes 426.201] of the
23statutes is amended to read:
AB150-engrossed,2194,3
1SUBCHAPTER II
2NOTIFICATION registration
3AND FEES
AB150-engrossed, s. 6471d 4Section 6471d. 426.201 (title) of the statutes is repealed and recreated to read:
AB150-engrossed,2194,5 5426.201 (title) Registration.
AB150-engrossed, s. 6471e 6Section 6471e. 426.201 (1) (intro.) of the statutes is amended to read:
AB150-engrossed,2194,87 426.201 (1) (intro.) This subchapter applies The registration requirements of
8this section apply
to persons who do any of the following in this state:
AB150-engrossed, s. 6471g 9Section 6471g. 426.201 (1) (a) of the statutes is amended to read:
AB150-engrossed,2194,1410 426.201 (1) (a) Make or solicit consumer credit transactions in which a finance
11charge at a rate in excess of that permitted under s. 138.05, 1977 stats., is imposed
12as part of the initial transaction, or modifications thereof
, except a person who
13engages in consumer credit transactions solely through honoring credit cards issued
14by 3rd parties not related to such person; or.
AB150-engrossed, s. 6471h 15Section 6471h. 426.201 (2) of the statutes is amended to read:
AB150-engrossed,2194,2016 426.201 (2) Each person subject to this subchapter the registration
17requirements under sub. (1)
shall file notification a registration statement with the
18administrator within 30 days after commencing business in this state, and
19thereafter, on or before December 1 February 28 of each year. The notification
20registration statement shall state include all of the following information:
AB150-engrossed,2194,2121 (a) Name The name of the person ;.
AB150-engrossed,2194,2322 (b) Name in The name under which the person transacts business is transacted
23if different from par. (a);.
AB150-engrossed,2194,2524 (c) Address of The address of the person's principal office, which may be outside
25this state;.
AB150-engrossed,2195,2
1(d) Address The addresses of all of the person's offices or retail stores, if any,
2in this state;.
AB150-engrossed,2195,53 (e) If consumer transactions or other business subject to this chapter are made
4otherwise than at an office or retail store in this state, a brief description of the
5manner in which they are made;.
AB150-engrossed,2195,76 (f) Address The address of the person's designated agent upon whom service
7of process may be made in this state; and.
AB150-engrossed,2195,98 (g) Such other similar information as the administrator may from time to time
9require to effectuate the purposes and policies of chs. 421 to 427.
AB150-engrossed, s. 6471j 10Section 6471j. 426.201 (2) (fm) of the statutes is created to read:
AB150-engrossed,2195,1411 426.201 (2) (fm) The average monthly outstanding balance of all consumer
12credit transactions held by the person for the reporting period for which the
13registration statement is filed. In this paragraph, "average monthly outstanding
14balance" and "reporting period" have the meanings given under s. 426.202 (1m) (a).
AB150-engrossed, s. 6471L 15Section 6471L. 426.201 (3) of the statutes is amended to read:
AB150-engrossed,2195,1916 426.201 (3) The administrator shall adopt rules governing the filing of changes,
17additions or modifications of the notification registration statement required by this
18section, and shall adopt rules pertaining to form, verification and similar matters
19pertaining to the notification registration.
AB150-engrossed, s. 6471n 20Section 6471n. 426.202 (1) of the statutes is repealed.
AB150-engrossed, s. 6471p 21Section 6471p. 426.202 (1m) of the statutes is created to read:
AB150-engrossed,2195,2222 426.202 (1m) Amount of registration fee. (a) Definitions. In this subsection:
Loading...
Loading...