Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R154. Commerce, Corporations and Commercial Code.

Rule R154-2. Utah Uniform Commercial Code, Revised Article 9 Rules.

As in effect on August 1, 2019

Table of Contents

R154-2-100. Definitions.

(1) Terms included in this Subsection R154-2-100(1) shall have the meanings stated.

(a) "Active Record" means a UCC record that has been stored in the UCC information management system and indexed in, but not yet removed from, the Searchable Indexes.

(b) "Address" means:

(i) any street address, route number (may include box) or post office box number that includes a city, state, and zip code within the United States of America; or

(ii) any address that purports to be a mailing address outside the United States of America.

(c) "Amendment Statement" means a UCC record that amends the information contained in a financing statement, and includes:

(i) an assignment;

(ii) a continuation; or

(iii) a termination.

(d)(i) "Assignment Statement" means an amendment that assigns to another person all or a part of a secured party's power to authorize an amendment to a financing statement.

(ii) Any assignment statement not clearly marked on the filing form as a partial assignment shall be deemed a full assignment.

(e) "Information Statement" means a UCC record indicating that a financing statement is inaccurate or wrongfully filed.

(f) "Filing office" or "filing officer" means the Utah Division of Corporations and Commercial Code in the Utah Department of Commerce.

(g) "Filing officer statement" means a statement entered into the filing office's UCC information management system to correct an error made by the filing office.

(h) "Initial financing statement" means a UCC record by which the filing office establishes the initial record of filing of a financing statement.

(i)(i) "Remitter" means a person who tenders a UCC record to the filing officer for filing, including:

(A) the filer;

(B) an agent of the filer responsible for tendering the record for filing; or

(C) a service provider acting as a filer's representative in the filing process.

(ii) "Remitter" does not include a person responsible merely for the delivery of the record to the filing office, such as the postal service or a courier service.

(j) "Searchable indexes" means a list maintained in the UCC information management system that may be searched by:

(i) individual debtor name(s); or

(ii) organization debtor name(s).

(k) "Secured party of record" means:

(i) a secured party of record as defined in the UCC;

(ii) a person:

(A) who is on record as a secured party; and

(B) with respect to whom an amendment is filed purporting to delete the person as a secured party of record; or

(iii) the person identified as the assignor on an amendment that purports to be an assignment.

(l) "UCC" means the Uniform Commercial Code as adopted in this State.

(m) "UCC information management system" means the data system used by the filing office to store, index, and retrieve information relating to financing statements as described in Subsection R154-2-300 of these rules.

(n) "UCC record" means:

(i) an initial financing statement;

(ii) an amendment;

(iii) an assignment;

(iv) a continuation statement;

(v) a termination statement;

(vi) a filing officer statement;

(vii) an information statement; or

(viii) any other record maintained by the filing office, whether the record is in an electronic format or paper-based.

(o) "Unlapsed record" means a UCC record that:

(i) has been stored and indexed in the UCC information management system; and

(ii) with respect to all secured parties of record, has not lapsed under UCC Section 9-515.

(2) Any term that is not defined in Subsection R154-2-100(1) but that is defined by the UCC shall have the meaning accorded the term by the UCC.

R154-2-101. Means to Deliver UCC Records; Time of Filing.

(1)(a) Subsection R154-2-101(1)(b) does not apply to:

(i) an initial financing statement that is being filed in connection with:

(A) a manufactured-home; or

(B) a public-finance transaction; or

(ii) a financing statement that is filed:

(A) against a debtor that is a transmitting utility; and

(B) in order to affect the filing office's determination of a lapse date under Subsection R154-2-307(3) or R154-2-308.

(b) UCC records other than those identified in Subsection R154-2-101(1)(a) may be tendered for filing at the filing office as follows:

(i) Personal delivery by the Remitter or by an agent of the Remitter.

(A) The filing shall be tendered at the filing office's physical location.

(B) The time of filing shall be the time delivery is taken by the filing office.

(C) To utilize personal delivery, the Remitter shall remain at the filing office for a determination of whether the UCC record will be taken.

(D) A filing tendered by personal delivery may subsequently be rejected by the filing office.

(ii) Courier delivery by a person other than the Remitter or an agent of the Remitter.

(A) The filing shall be tendered at the filing office's physical location.

(B) If delivered when the filing office is open for business, the time of filing shall be the earlier of:

(I) the time the UCC record is first examined by the filing office for processing; or

(II) the next close of business following the time of delivery.

(C) If delivered when the filing office is not open for business, the time of filing shall be the earlier of:

(I) the time the UCC record is first examined by the filing office for processing; or

(II) close of business on the next day following the time of delivery and on which the filing office is open for business.

(D) A filing tendered by courier may subsequently be rejected by the filing office.

(iii) Postal service delivery.

(A) The filing shall be mailed to the filing office's mailing address.

(B) If delivered when the filing office is open for business, the time of filing shall be the next close of business following the time of delivery.

(C) If delivered when the filing office is not open for business, the time of filing shall be the close of business on the next day following the date of delivery and on which the filing office is open for business.

(D) A filing tendered by postal service delivery may subsequently be rejected by the filing office.

(iv) Electronic mail.

(A) The filing shall be submitted to the filing office's e-mail address.

(B) If submitted when the filing office is open for business, the time of filing shall be the earlier of:

(I) the time the UCC record is first examined by the filing office for processing; or

(II) the next close of business following the time of submission.

(C) If submitted when the filing office is not open for business, the time of filing shall be the earlier of:

(I) the time the UCC record is first examined by the filing office for processing; or

(II) the close of business on the next day following the time of submission and on which the filing office is open for business.

(D) A filing tendered by electronic mail may subsequently be rejected by the filing office.

(v) Telefacsimile delivery.

(A) The filing shall be faxed to the filing office's fax filing telephone number.

(B) If faxed when the filing office is open for business, the time of filing shall be the earlier of:

(I) the time the UCC record is first examined by the filing office for processing; or

(II) the next close of business following the time of submission.

(C) If faxed when the filing office is not open for business, the time of filing shall be the earlier of:

(I) the time the UCC record is first examined by the filing office for processing; or

(II) the close of business on the next day following the time of submission and on which the filing office is open for business.

(D) A filing tendered by telefacsimile delivery may subsequently be rejected by the filing office.

(vi) Electronic filing -- XML format.

(A) This Subsection R154-2-101(1)(b)(vi) does not apply to:

(I) information statements; and

(II) filing officer statements.

(B) To submit an electronic filing in XML format, a Remitter shall first contact the filing office:

(I) to become an authorized XML Remitter; and

(II) to obtain the filing office implementation guide prescribing the XML Format acceptable for use.

(C) The time of filing shall be the time that the filing office's UCC information management system analyzes the relevant transmission and determines that all required elements of the transmission have been received in a required format and are machine-readable.

(vii) Electronic filing -- ANSI X12 154 format.

(A) To submit an electronic filing in ANSI X12 154 format, a Remitter shall first contact the filing office to obtain the filing office implementation guide prescribing the use of ANSI X12 154.

(B) The time of filing shall be the time the on-line system acknowledges entry of all required elements of the UCC record in the proper format.

(viii) Electronic filing -- web page data entry.

(A) To submit an electronic filing through the filing office's website, a Remitter shall follow the data entry and payment procedures provided at http://corporations.utah.gov/ucc-cfs/ucc.html.

(B) The time of filing shall be the time the on-line system acknowledges entry of all required elements of the UCC record in the proper format.

(2)(a) This Subsection R154-2-101(2)(b) applies to:

(i) an initial financing statement that is being filed in connection with:

(A) a manufactured-home; or

(B) a public-finance transaction; or

(ii) a financing statement that is filed:

(A) against a debtor that is a transmitting utility; and

(B) in order to affect the filing office's determination of a lapse date under Subsection R154-2-307(3) or R154-2-308.

(b) To file a UCC record identified in this Subsection R154-2-101(2)(a), a Remitter shall:

(i) check the appropriate box on a UCC1 Financing Statement filed with respect to the financing statement; or

(ii) transmit the requisite information in the proper field in the applicable electronic filing.

(3) Means of communication.

(a) Regardless of the method of delivery, information submitted to the UCC filing office shall be communicated in the form of characters that are:

(i) defined in a character set forth in this Subsection R154-2-101; or

(ii) otherwise determined by the filing office to be acceptable.

(b) A financing statement or amendment form shall designate separate fields for:

(i) organization name(s) and individual name(s); and

(ii) the surname, first personal name, additional name(s)/initial(s), and suffix(es) for individual name(s).

R154-2-102. Search Request Delivery.

(1) A UCC search request may be delivered to the filing office by any of the means by which a UCC record may be delivered to the filing office.

(2) A search request may not be delivered by checking a box or otherwise including a search request in, or on, an initial financing statement, but may be delivered in, or on, a separate search request after the initial financing statement is filed.

R154-2-103. Forms.

The following forms are accepted by the filing office:

(1) any form prescribed by UCC Section 9-521;

(2) any paper-based form approved by the International Association of Commercial Administrators on or prior to April 20, 2011; and

(3) any form otherwise approved by the filing office from time to time, a list of which may be obtained on request.

R154-2-104. Fees.

All fees are established by the Utah Legislature according to the most current fee schedule.

R154-2-105. Expedited Service.

(1) Expedited service is available to process filings within one business day.

(2) Expedited service requires an additional filing fee according to the fee schedule.

R154-2-106. Methods of Payment.

(1) Filing fees and fees for public records services may be paid by the following methods:

(a) Cash, if paid in person at the filing office.

(b) Personal check, cashier's check, or money order made payable to the filing office, if the drawer (or the issuer in the case of a cashier's check or money order) is deemed creditworthy by the filing office in its discretion.

(c) Debit or credit card, if:

(i) the card is issued by an approved issuer; and

(ii) the Remitter provides the filing officer with:

(A) the card number;

(B) the expiration date of the card;

(C) the name of the card issuer;

(D) the name of the person or entity to whom the card is issued; and

(E) the billing address for the card.

(3) Payment by debit or credit card will not be deemed tendered until the card issuer or its agent confirms payment.

R154-2-107. Overpayment and Underpayment Policies.

(1) Overpayment shall be handled in accordance with State and/or Agency refund policy.

(2) Underpayment. Upon receipt of a document with an insufficient fee, the filing officer shall do the following:

(a) send a notice of the deficiency to the Remitter; and

(b) return the UCC record to the Remitter pursuant to Subsection R154-2-204, along with a notice of rejection.

(3)(a) A document that is rejected and returned under this Subsection R154-2-107(2) may be refiled.

(b) The time of filing shall be the time and date on which the full filing fee is received by the filing office.

R154-2-108. Public Records Services.

(1) Public records services shall be provided by the filing office on a non-discriminatory basis to any member of the public.

(2) Copies of individual UCC records, bulk copies of records, and data elements from the filing office's UCC information management system shall be made available to the public by the filing office in such forms, at such times, and for such fees as the filing office may prescribe from time to time.

(3) The filing office shall make such information regarding its prescribed forms, times, and fees as is then currently available at least weekly in every medium then available to the filing office.

R154-2-109. Fees for Public Records Services.

(1) Fees for public records services shall be established by the filing office from time to time.

(2) The filing office's fee schedule shall be available upon request.

R154-2-200. Role of Filing Officer.

Sections within the 200 series of this rule (e.g., R154-2-201) pertain to the role of the filing officer.

R154-2-201. Accepting and Refusing Records.

(1) The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial.

(2) In acting on a UCC record filed pursuant to these rules, the filing officer does not:

(a) determine the legal sufficiency or insufficiency of the UCC record;

(b) determine that information in the record is correct or incorrect, in whole or in part; or

(c) create a presumption that information in the UCC record is correct or incorrect, in whole or in part.

R154-2-202. Time for Filing a Continuation Statement.

(1) First day permitted.

(a) The first day on which a continuation statement may be filed is the date six months prior to the date on which the related financing statement is scheduled to lapse.

(b) If no date can be generated pursuant to this Subsection R154-2-202(1)(a), the first day on which a continuation statement may be filed is the last day of the sixth month preceding the month in which the financing statement is scheduled to lapse.

(c) Subsections R154-2-202(1)(a) and (b) are subject to:

(i) the ability of the filing office to take delivery of the continuation statement as tendered; and

(ii) the continuation statement being properly delivered to the filing office pursuant to Subsection R154-2-101.

(2) Last day permitted.

(a) The last day on which a continuation statement may be filed is the date upon which the related financing statement lapses.

(b) Subsection R154-2-202(2)(a) is subject to:

(i) the ability of the filing office to take delivery of the continuation statement as tendered; and

(ii) the continuation statement being properly delivered to the filing office pursuant to Subsection R154-2-101.

(3) In order to ensure that a continuation statement is timely filed, a Remitter shall effect delivery of the filing:

(a) on or prior to the last day permitted; and

(b) on a date and at a time when the filing office is open for business.

R154-2-203. Grounds for Refusal.

The filing office:

(1) shall refuse to accept a UCC record that does not provide an address that meets the minimum requirements as set forth in Subsection R154-2-100(1)(b); and

(2) may refuse to accept a UCC record for any one or more reasons as set forth in UCC Section 9-516.

R154-2-204. Procedure Upon Refusal.

(1) Except as provided in Subsection R154-2-107, if the filing officer finds grounds to refuse a UCC record, the filing officer shall not refund the filing fee.

(2) Communication of the refusal, the reason(s) for the refusal, and other related information shall be made to the Remitter:

(a)(i) as soon as practicable; and

(ii) no later than two business days after the refused UCC record is received by the filing office; and

(b)(i) by the same means as the means by which such UCC record was delivered to the filing office;

(ii) by mail; or

(iii) by such more expeditious means as the filing office may determine.

(3) Records of refusal, including a copy of the refused UCC record and the ground(s) for refusal, shall be maintained by the filing office.

R154-2-205. Refusal Errors.

(1) If a secured party or a Remitter demonstrates to the satisfaction of the filing officer that a UCC record that was refused for filing should not have been refused under Subsection R154-2-203:

(a) the filing officer shall file the UCC record with the filing date and time the UCC record was originally tendered for filing; and

(b) a filing officer statement record relating to the relevant initial financing statement shall be placed in the UCC information management system:

(i) on the date that the corrective action is taken; and

(ii) providing the date of the correction and an explanation of the nature of the corrective action taken.

(2) A record created under this Subsection R154-2-205(1) shall be preserved for so long as the record of the initial financing statement is preserved in the UCC information management system.

R154-2-206. Notification of Defects.

(1) Nothing in these rules shall be construed or interpreted to prevent a filing officer from communicating to a filer or a Remitter any apparent potential defect(s) in a UCC record, regardless of whether the filing is accepted or refused for filing.

(2) The filing office is under no obligation to screen filings for defects.

(3) The responsibility for the legal effectiveness of filing rests with filers and Remitters, and the filing office bears no responsibility for such effectiveness.

R154-2-300. UCC Information Management System.

Sections within the 300 series of this rule (e.g., R154-2-301) pertain to the UCC Information Management System.

R154-2-301. General Provisions.

(1) The filing office shall use a UCC information management system to store, index, and retrieve information relating to financing statements.

(2) The UCC information management system shall include an index of the names of debtors included on financing statements that are Active Records.

R154-2-302. Primary Data Elements.

The primary data elements used in the UCC information management system are the following:

(1) Identification numbers.

(a)(i) Each initial financing statement is identified by a file number.

(ii) Identification of the initial financing statement is stamped on written UCC records or otherwise permanently associated with the record maintained for UCC records in the UCC information management system.

(iii) A record is created in the UCC information management system for each initial financing statement, and all information comprising such record is maintained in the system.

(iv) The record is identified by the same information assigned to the initial financing statement.

(b)(i) A UCC record other than an initial financing statement is identified by a unique file number assigned by the filing officer.

(ii) In the UCC information management system, records of all UCC records other than initial financing statements are linked to the record of their related initial financing statement.

(2) Type of Record. The type of UCC record from which data is transferred is identified in the UCC information management system from information supplied by the Remitter.

(3) Filing date and filing time.

(a) The filing date and filing time of UCC records are stored in the UCC information management system.

(b) Calculation of the lapse date of an initial financing statement is based upon the filing date.

(4) Identification of parties. The names and addresses of debtors and secured parties are transferred from UCC records to the UCC information management system.

(5) Page count. The total number of pages, including staff classification marks, in a UCC record is maintained in the UCC information management system.

(6) Lapse indicator.

(a) An indicator is maintained by which the UCC information management system identifies:

(i) whether or not a financing statement will lapse; and,

(ii) if applicable, when a financing statement will lapse. (b) The lapse date is determined as provided in Subsections R154-2-307(3), 308, and 309(1).

(7) Indexes of names.

(a) The filing office maintains in the UCC information management system:

(i) a searchable index of organization debtor names; and

(ii) a searchable index of individual debtor names.

(b)(i) The filing office may also maintain a searchable index of names of secured parties of record.

(ii) Such an index need not be a separate database, but may be comprised of records in the UCC information management system identified to be included in such searchable index.

R154-2-303. Individual Debtor Names.

(1) Individual debtor names. For purposes of this rule, an individual debtor name is any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor who is an individual, without regard to the nature or character of the name or to the nature or character of the actual debtor.

(2) Individual name fields.

(a) Individual debtor names are stored in files that include only the individual debtor names and not organization debtor names.

(b) Separate data entry fields are established for:

(i) surnames (last or family names);

(ii) first personal names (given names); and

(iii) additional name(s)/initial(s) of individuals.

(c) The name of a debtor with a single name (e.g., "Cher") is treated as a surname and shall be entered in the individual surname field.

(d) The filing officer assumes no responsibility for the accurate designation of the components of a name but shall accurately enter the data in accordance with the filer's designations.

(3) Titles, prefixes, and suffixes.

(a) Titles, prefixes (e.g. "Ms."), and suffixes or indications of status (e.g. "M.D.") are not typically part of a debtor's name.

(b) Suffixes used to distinguish between family members with otherwise identical names (e.g., "JR.") may be provided in the Suffix field.

(c) When entering a "name" into the UCC information management system, the filing office will enter data exactly as provided by the filer.

(4) Extended debtor name field.

(a) The Financing Statement form has limited space for individual debtor names. If any portion of the individual debtor name is too long for the corresponding field, the filer shall check the box that indicates the name is too long and enter the name in item 10 of the Addendum Form UCC1AD.

(b) A filing officer shall not refuse to accept a Financing Statement that lacks debtor information in item 1 and/or item 2 if the record includes an Addendum that provides a debtor name in item 10.

(5) Truncation - individual names. Personal name fields in the UCC information management system are fixed in length. Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the data entry field. The lengths of data entry name fields are as follows:

(a) Surname: 50 characters;

(b) First personal name: 50 characters;

(c) Additional name(s)/initial(s): 50 characters; and

(d) Suffix: 5 characters.

R154-2-304. Organization Debtor Names.

(1) For purposes of these rules, an "organization debtor name" is any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor that is an organization, without regard to the nature or character of the name or to the nature or character of the actual debtor.

(2) Single field.

(a) Organization debtor names are stored in files that include only organization debtor names and not individual debtor names.

(b) A single field is used to store an organization debtor name.

(3) Truncation - organization names. The organization debtor name field in the UCC information management system is fixed in length. The maximum length is 500 characters. Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the organization debtor name field.

R154-2-305. Collateral Being Administered by a Decedent's Personal Representative.

(1) The debtor name to be provided on a financing statement when the collateral is being administered by a decedent's personal representative is the name of the relevant decedent.

(2) In order for the UCC information management system to function in accordance with the usual expectations of filers and searchers, the filer shall provide the debtor name as an individual debtor name.

(3) The filing office shall enter data submitted by a filer in the fields designated by the filer exactly as the data appears in such fields.

R154-2-306. Collateral Held in a Trust.

(1) The debtor name to be provided when the collateral is held in a trust that is not a registered organization is:

(a) the name of the trust as set forth in the trust's organic record(s), if the trust has such a name; or

(b) if the trust is not so named, the name of the trust's settlor.

(2) In order for the UCC information management system to function in accordance with the usual expectations of filers and searchers:

(a) the name of a trust or of a settlor that is an organization shall be provided as an organization debtor name without regard to the nature or character of the debtor; and

(b) the name of a settlor who is an individual shall be provided as an individual debtor name without regard to the nature or character of the debtor.

(3) The filing office shall enter data submitted by a filer in the fields designated by the filer exactly as the data appears in such fields.

R154-2-307. Initial Financing Statement.

Upon the filing of an initial financing statement, the status of the parties and the status of the financing statement shall be as follows.

(1) Status of secured party.

(a) If no assignee is named, each secured party named on an initial financing statement shall be a secured party of record.

(b) If the UCC record names an assignee:

(i) the secured party/assignor shall not be a secured party of record; and

(ii) the secured party/assignee shall be a secured party of record.

(2) Status of debtor. Each debtor name provided by the initial financing statement shall be indexed in the UCC information management system for as long as the financing statement is an Active Record.

(3) Status of financing statement.

(a) The financing statement shall be an Active Record.

(b) A lapse date shall be calculated as follows:

(i) Unless this Subsection R154-2-307(3)(b)(ii) or (iii) applies, the lapse date shall be five years from the file date.

(ii) If the initial financing statement indicates, as provided in Subsection R154-2-101(2), that it is filed with respect to a public-financing transaction or a manufactured-home transaction, the lapse date shall be thirty years from the file date.

(iii) If the initial financing statement indicates, as provided in Subsection R154-2-101(2), that it is filed against a transmitting utility, there shall be no lapse date.

R154-2-308. Amendments Generally.

(1)(a) Unless this Subsection R154-2-308(1)(b)or (c) applies, the filing of an amendment has no effect on the status of the secured parties of record.

(b) If an amendment adds a debtor or a secured party, the new debtor or secured party shall be:

(i) added to the appropriate index; and

(ii) associated with the record of the financing statement in the UCC information management system.

(c) If an amendment designates an assignee, the filing shall cause the assignee to be added as a secured party of record with respect to the affected financing statement in the UCC information management system.

(2)(a) Notwithstanding the filing of an amendment that deletes a debtor or a secured party from a financing statement, no debtor or secured party of record is deleted from the UCC information management system.

(b) A deleted secured party shall be treated by the filing office as a secured party of record, as the filing office cannot verify the effectiveness of an amendment.

(3) In general, the filing of an amendment does not affect the status of the financing statement.

R154-2-309. Continuation Statement.

(1) Continuation of lapse date.

(a) Upon the timely filing of one or more continuation statements by one or more secured parties of record, the lapse date of the financing statement shall be postponed:

(i) one time only, regardless of whether more than one continuation statement is filed within a given 6-month period prior to a lapse date; and

(ii) for a period of five years.

(b) Notwithstanding the immediate postponement of the lapse date with respect to one or more secured parties of record who timely file a continuation statement within a given 6-month period prior to a lapse date, such lapse date remains effective solely for purposes of determining whether a subsequent continuation statement filed in the same 6-month period is timely.

(2) Status. The filing of a continuation statement shall have no effect upon the status of:

(a) any party to the financing statement; or

(b) the financing statement.

R154-2-310. Termination.

The filing of a termination statement shall have no effect upon the status of:

(1) any party to the financing statement; or

(2) the status of the financing statement.

R154-2-311. Information Statement.

The filing of an information statement shall have no effect upon the status of:

(1) any party to the financing statement;

(2) the status of the financing statement itself; or

(3) the data maintained in the UCC information management system.

R154-2-312. Procedure upon Lapse.

If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse date, but no action is then taken by the filing office.

R154-2-313. Removal of Record.

(1) Unless this Subsection R154-2-313(2) applies, a financing statement shall remain as an Active Record until at least one year after it lapses.

(2) If a financing statement indicates that it is to be filed against a transmitting utility, it shall remain as an Active Record until at least one year after it is terminated with respect to all secured parties of record.

(3)(a) On or after the first anniversary of a lapse or termination date:

(i) the filing office or the UCC information management system may remove the financing statement and all related UCC records from the Searchable Indexes or from the UCC information management system; and

(ii) upon such removal, the removed UCC Records shall cease to be Active Records.

(b) UCC Records removed from the UCC information management system shall be maintained as provided by filing office policy.

R154-2-400. Filing and Data Entry Procedures.

Sections within the 400 series of this rule (e.g., R154-2-401) pertain to filing and data entry procedures.

R154-2-401. Errors of the Filing Office.

(1) The filing office may correct data entry and indexing errors of filing office personnel in the UCC information management system at any time.

(2) If a correction is made to a record of a financing statement after the filing office has issued a search report with a through date and time (see Subsection R-154-2-506(2)(d)) that is on or after the filing date and time of the financing statement, the filing office shall associate with the record of the financing statement in the UCC information management system a note. The note shall set forth the date of the corrective action and an explanation of the correction.

(3) The filing office shall allow a Remitter 30 days to notify the filing office of any data entry errors, and the filing office shall correct those errors.

R154-2-402. Data Entry.

(1) Data are entered into the UCC information management system exactly as provided in a UCC record, without regard to apparent errors.

(2) Data provided in electronic form is transferred to the UCC information management system exactly as submitted by the Remitter.

R154-2-403. Verification of Data Entry.

(1) The filing office shall verify accuracy of the data from UCC records entered in accordance with Subsection R-154-2-402 into the UCC information management system.

(2) Data entry performed by a Remitter with respect to electronically filed UCC record(s) is the responsibility of the Remitter and is not verified by the filing office

R154-2-404. Master Amendments.

(1) The filing office shall accept master amendments in writing stating the amendment requested.

(2)(a) The filing office shall provide an excel spreadsheet listing the filing(s) affected.

(b) It is the responsibility of the Remitter to acknowledge or correct the spreadsheet.

(c) Only those filings on the spreadsheet will be affected by the master amendment.

(3) The fee shall be a single filing fee established for master amendments and not per record amended.

R154-2-405. 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.

R154-2-406. Redaction of Certain Information.

The filing officer shall redact certain information from the information it provides to searchers and bulk data purchasers in accordance with Utah Code Title 63G, Chapter 2, the Utah Government Records Access and Management Act.

R154-2-500. Search Requests and Reports.

Sections within the 500 series of this rule (e.g., R154-2-501) pertain to search requests and reports.

R154-2-501. General Requirements.

(1) The filing officer maintains for public inspection a searchable index for all Active Records in the UCC information management system.

(2) Active Records shall be retrievable by:

(a) the name of the debtor; or

(b) the file number of the related initial financing statement.

(3) Each Active Record related to an initial financing statement is retrieved with the initial financing statement using either retrieval method identified in this Subsection R154-2-501(2).

R154-2-502. Search Requests -- Required Information.

(1) Search requests shall include the following:

(a) Name searched. A search request shall set forth the name of the debtor to be searched using designated fields for:

(i) organization or individual surname;

(ii) first personal name; and

(iii) additional name(s)/initial(s).

(b) Requesting party. A search request shall set forth the name and address of the person to whom the search result is to be sent.

(c) Fee. The appropriate fee shall be tendered by a method described in Subsection R154-2-106.

(d) Search logic.

(i) A search request shall specify if a search methodology other than that described in Subsection R154-2-504(2) is to be applied in conducting the search.

(ii) If no such methodology is specified, the methodology described in Subsection R154-2-504(2) shall be applied.

(2) A search request shall be processed using the data and designated fields exactly as submitted, including the submission of no data in a given field, without regard to the nature or character of the debtor that is the subject of the search.

R154-2-503. Search Requests -- Optional Information.

A search request may include the following:

(1) Copies. A request may limit the copies of UCC records that would normally be provided with a search report by requesting that no copies be provided or that copies be limited to those UCC records that:

(a) include a particular debtor address;

(b) include a particular city in the debtor address;

(c) were filed on a particular date or within a particular range of dates; or

(d) include a particular secured party name.

(2) Scope of search. A search request may ask for a search that reports all Active Records retrieved by the search rather than only Unlapsed Records retrieved by the search.

(3) Mode of delivery.

(a) A search request may specify a mode of delivery for search results.

(b) Any such request will be honored to the extent the requested mode is made available by the filing office and all requisite fees are tendered.

(4) Search request with filing.

(a) If a filer submits a search request with an initial financing statement, the search request shall be deemed to request a search to be conducted as soon as practicable such that it would include all UCC records filed against the debtor name(s) provided on the initial financing statement on or prior to the date the initial financing statement is filed.

(b) A filer may indicate on the search request that it should be held until the filing office through date meets or exceeds the filing date of the initial financing statement.

R154-2-504. Search Methodology.

(1)(a) Search results are produced by the application of search logic to the name presented to the filing officer.

(b) Human judgment does not play a role in determining the results of the search.

(2) Standard search logic. The following rules describe the filing office's standard search logic and apply to all searches except those where the search request specifies that a non-standard search logic be used.

(a) There is no limit to the number of matches that may be returned in response to the search criteria.

(b) No distinction is made between upper and lower case letters.

(c)(i) Punctuation marks and accents are disregarded.

(ii) For the purposes of this rule, punctuation and accents include all characters other than:

(A) the numerals 0 through 9; and

(B) the letters A through Z, whether upper or lower case, of the English alphabet.

(d) To the extent practicable as determined by the filing office's programming of its UCC information management system, words and abbreviations at the end of an organization name that indicate the existence or nature of the organization are treated as follows:

(i) All spaces are disregarded.

(ii)(A) For first personal name and additional name(s)/initial(s) of individual debtor names:

(I) initials are treated as the logical equivalent of all names that begin with such initials; and

(II) first personal name and no additional name(s)/initial(s) is equated with all additional name(s)/initial(s).

(B) For example, a search request for "John A. Smith" would cause the search to retrieve all filings against all individual debtors with:

(I) "John" or the initial "J" as the first personal name;

(II) "Smith" as the surname; and

(III) the initial "A" or any name beginning with "A" in the additional name(s)/initial(s) field.

(C) If the search request were for "John Smith" (first personal name and surname with no designation in the additional name(s)/initial(s) field), the search would retrieve all filings against individual debtors with:

(I) "John" or the initial J as the first personal name;

(II) "Smith" as the surname; and

(III) any name, any initial, or no name or initial in the additional name(s)/initial(s) field.

(iii) If the name being searched is the surname of an individual debtor name without any first personal name or additional name(s)/initial(s) provided, the search will retrieve from the UCC information management system all financing statements with individual debtor names that consist of only the surname.

(3) After using the preceding rules to modify the name being searched, the search will retrieve from the UCC information management system all Unlapsed Records, or, if requested by the searcher, all Active Records that pertain to financing statements with debtor names that exactly match the modified name being searched.

(4) Non-standard search logic. Non-standard search logic, such as a "wild card" search can be applied to a non-certified search upon request.

R154-2-505. Changes in Standard Search Logic.

If the filing office changes its standard search logic or the implementation of its standard search logic in a manner that could alter search results, the filing office will provide public notice of such change.

R154-2-506. Search Responses.

The response to a search request shall include the following:

(1) Copies.

(a) Copies of all UCC records retrieved by the search, unless:

(i) limited copies are requested by the searcher; or

(ii) the searcher requests a certified search.

(b) Copies will reflect any redaction of personal identifying information required by law.

(2) Introductory information. A filing officer shall include the following information with a UCC search response:

(a) identification of the filing office responsible for the search response;

(b) unique number that identifies the search report;

(c) date and time the report was generated;

(d) through date and time, meaning the date and time at, or prior to, which a UCC record must have been filed with the filing office in order for it to be reflected on the search;

(e) certification language consistent with current language;

(f) whether the scope includes both active and unlapsed records;

(g) search logic used;

(h) search logic disclaimer language;

(i) name searched, as provided by searcher;

(j) normalized name as provided by Subsection R154-2-504; and

(k) lien type searched, with the caveat that only those liens filed in the Utah Division of Corporations and Commercial Code that are statutorily permitted may be searched.

(3) Report. The search report shall contain the following:

(a) identification of the filing office responsible for the search report;

(b) unique number assigned under this Subsection;

(c) identification of each initial financing statement, including:

(i) a listing of all related amendments;

(ii) information statements, or filing officer notices, filed on or prior to the through date corresponding to the search criteria (including whether the searcher has requested Active Records or only Unlapsed Records);

(iii) initial financing statement file number;

(iv) date and time the initial financing statement was filed;

(v) lapse date;

(vi) debtor name(s) appearing of record;

(vii) debtor address(es) appearing of record;

(viii) secured party name(s) appearing of record;

(ix) secured party address(es) appearing of record;

(x) indication of type of each amendment, if any;

(xi) date and time each amendment, if any, was filed;

(xii) amendment file number of each amendment, if any;

(xiii) date and time an information statement, if any, was filed; and

(xiv) date and time a filing officer statement, if any, was filed.

R154-2-600. Agricultural Liens.

Rules affecting agricultural liens are found at Utah Administrative Code Section R154-1.

KEY

banking, equipment leasing, filing documents

Date of Enactment or Last Substantive Amendment

April 21, 2014

Notice of Continuation

May 2, 2016

Authorizing, Implemented, or Interpreted Law

70A-9a et seq.


Additional Information

Contact

For questions regarding the content or application of rules under Title R154, please contact the promulgating agency (Commerce, Corporations and Commercial Code). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.