Code of Maine Rules
29 - DEPARTMENT OF THE SECRETARY OF STATE
250 - BUREAU OF MOTOR VEHICLES
Bureau of Corporations, Elections and Commissions
Chapter 401 - ADMINISTRATIVE RULES FOR UNIFORM COMMERCIAL CODE, TITLE 11, ARTICLE 9-A
Section 250-401-2 - Acceptance and Refusal of UCC Records
Current through 2024-38, September 18, 2024
200 Role of filing officer.The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a UCC record pursuant to these rules, the filing officer does not determine the legal sufficiency or insufficiency of the UCC record, determine that information in the record is correct or incorrect, in whole or in part, or create a presumption that information in the UCC record is correct or incorrect, in whole or in part.
201 Time for filing a continuation statement
A. First day permitted.The first day on which a continuation statement may be filed is the day of the month corresponding to the date upon which the related financing statement would lapse, six months preceding the month in which the financing statement would lapse. If there is no such corresponding date, 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 would lapse. This section is subject to the ability of the filing office to take delivery of the continuation statement as tendered, and to subsection 101.
B. Last day permitted.The last day on which a continuation statement may be filed is the date upon which the related financing statement lapses. This section is subject to the ability of the filing office to take delivery of the continuation statement as tendered, and to subsection 101. Accordingly, the time of filing of the continuation statement under subsection 101 must be on or prior to the last day and delivery by certain means of communication may not be available on the last day if the filing office is not open for business on that day.
202 Grounds for refusal of UCC records.In addition to refusing a record for any reason, or multiple reasons, as provided by 11 MRSA §9-1516, a filing office shall refuse to accept a UCC record that does not provide an address that meets the minimum requirements, as provided in subsection 100.B of these rules.
203 Procedure upon refusal.Except as provided in subsection 107, if the filing officer finds grounds to refuse a UCC record, the filing officer shall refund the filing fee. Communication of the refusal, the reason(s) for the refusal and other related information will be made to the remitter as soon as practicable and in any event within two business days after the refused UCC record was received by the filing office, by the same means as the means by which such UCC record was delivered to the filing office, or by mail or such more expeditious means as the filing office shall determine.
204 Refusal errors.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 202, the filing officer will file the UCC record with the filing date and time the UCC record was originally tendered for filing. A filing officer statement record relating to the relevant initial financing statement will be placed in the UCC information management system on the date that the corrective action was taken. The filing officer statement must provide the date of the correction and explain the nature of the corrective action taken. The record shall be preserved for so long as the record of the initial financing statement is preserved in the UCC information management system.
205 Notification of defects.Nothing in these rules prevents a filing officer from communicating to a filer or a remitter that the filing officer noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing. However, the filing office is under no obligation to do so and may not, in fact, have the resources to do so or to identify such defects. The responsibility for the legal effectiveness of filing rests with filers and remitters and the filing office bears no responsibility for such effectiveness.
206 Acknowledgment.When a filer or remitter files a paper UCC record and completes the acknowledgment field on the form, including a name and complete mailing address, the filing officer shall send to said filer or remitter an image of the UCC record showing the file number assigned to it and the date and time of filing.For UCC documents not filed in paper form, the filing officer shall communicate to the filer or remitter the information in the filed record, the file number and the date and time of filing.
