Current through Register Vol. 47, No. 5, March 10, 2024
7.1 Incorporation
of prior Rules. Rules 1 through 9 apply to filings and other actions made under
the EFS Act to the extent not inconsistent with the EFS Act and this Rule
7.
7.2 Farm products. The list of
farm products is found in the Federal Register and is posted on the Secretary
of State's website.
7.2.1 Each of the farm
products contained in the list of farm products is considered a separate and
distinct farm product.
7.2.2
Inclusion and removal of additional products. A person may request that a farm
product be included or removed from the farm products list. However, the
Secretary of State cannot change the list without the United States Department
of Agriculture's approval.
7.3 EFS filings.
7.3.1 EFS. The electronic filing application
will allow the capture of all information required by the EFS Act and all
information necessary to perfect a UCC security interest.
(a) Master list notification and records
submitted for filing. An EFS is the only record that will create a master list
notification.
7.3.2 EFS
Amendment. The electronic filing application will allow an EFS to be
amended.
7.3.3 Master list
compilation. The EFS master list is compiled with the information contained in
each EFS and EFS amendment.
(a) Master list
notification. To be included the monthly master list, a filer must
electronically file an EFS or an EFS amendment on or before 11:59 p.m. Mountain
Standard Time on the last day of the previous month.
7.4 EFS master list compilation
and distribution.
7.4.1 Compilation month and
distribution month. For the purpose of Rule 7, the following terms are defined:
(a) "Compilation month" means the calendar
month for which the master list is compiled.
(b) "Distribution month" means the month
immediately following a compilation month and the month in which the master
list is distributed to master list registrants. For example, December is the
distribution month for the master list compiled for November, which would
include each effective EFS and EFS amendment filed on or before 11:59 p.m. on
November 30th.
7.4.2
Monthly compilation. The Secretary of State will compile the EFS master list on
a monthly basis. The master list will not include an EFS and any related EFS
amendment that lapsed or terminated on or before the last day of the
compilation month.
(a) Compilation deadline.
The Secretary of State will compile the monthly master list no later than the
tenth day of the distribution month.
(b) Organization of the master list. The
master list may be organized and distributed as multiple lists arranged by
debtor name, debtor unique identifier, county, and crop year.
7.4.3 EFS master list
distribution.
(a) Monthly distribution of the
master list. The master list is distributed on a monthly basis.
(b) Distribution method. A master list
registrant may obtain the master list electronically. The master list may be
downloaded from the Secretary of State's website or it may be searched using
the Secretary of State's website. Upon request and payment of all applicable
fees, a master list registrant may receive a paper copy of the master
list.
(c) Custom list distribution.
A person may only obtain a custom list by searching the EFS master list through
the Secretary of State's website and then downloading the search results.
Custom list criteria may be entered to limit EFS master list search and the
system will return all matching master list results.
(d) Distribution deadline. Each monthly
master list will be available no later than the fifteenth day of the
distribution month. Once the monthly master list is distributed, custom lists
will also be available.
7.4.4 Debtor name custom lists. A custom list
of all farm products in all counties sorted by debtor name is available for
download from the Secretary of State's website.
7.4.5 Failure to complete compilation and
distribution by the deadline. If the Secretary of State cannot complete the
compilation and distribution of the master list by the fifteenth day of the
distribution month, the Secretary of State will communicate the fact of and
reason for such failure to all master list registrants and on the Secretary of
State's website.
7.5
Master list registration.
7.5.1 Registration.
Registration is not necessary to download or search the master list through the
Secretary of State's website. A person may become a master list registrant by
registering to receive email notification that the master list has been
published and distributed. Registration is completed by creating an account
through the Secretary of State's website and choosing to receive notification.
A person who requests a paper copy of the master list must contact the
Secretary of State's office, complete a registration form, and pay all
applicable fees.
7.5.2 Registration
changes. A master list registrant is responsible for changing the registrant's
contact information. Changes are completed through the Secretary of State's
website.
7.5.3 Duration. Master
list registrations are effective for one year.
7.5.4 Renewal. Master list registrations will
automatically be renewed unless a registrant cancels the registration. The
Secretary of State will notify each registrant in June that the registrant's
registration will automatically renew on July 1.
7.6 EFS Filing Fees and EFS Master List Fees.
Fees for processing EFS records, searches, copies and other services will be
adopted and published by the Secretary of State from time to time. Information,
instructions, and a fee schedule are available upon request and on the
Secretary of State's website.