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 250-401-5 - Search Requests and Reports

Current through 2024-38, September 18, 2024

500 General requirements.The filing officer maintains for public inspection a searchable index for all active records in the UCC information management system. Active records will be retrievable by the name of the debtor or by the file number of the related initial financing statement, and each active record related to an initial financing statement is retrieved with the initial financing statement using either retrieval method.

501 Search requests - required information. Search requests shall include the following:

A. Name searched.A search request must set forth the name of the debtor to be searched using designated fields for organization or individual surname, first personal name and additional name(s)/initial(s). A search request will 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 subject of the search.

B. Requesting party.A search request must set forth the name and address of the person to whom the search results is to be sent.

C. Fee.The appropriate fee shall be tendered by a method described in subsection 106.

502 Search requests - optional information.Search requests may include the following:

A. Copies.The 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:

1 include a particular city in the debtor address; or

2 were filed on a particular date or within a particular range of dates.

B. 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.

C. Mode of delivery.A search request may specify a mode of delivery for search results and that request will be honored if the requested mode is made available by the filing office, and all requisite fees are tendered.

503 Search methodology.Search results are produced by the application of search logic to the name presented to the filing officer. Human judgment does not play a role in determining the results of the search.

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

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

2 No distinction is made between upper and lower caseletters.

3 The character "&" (the ampersand) is deleted and replaced with the characters "and" each place it appears in the name.

4 Punctuation marks and accents are disregarded.For the purposes of this rule, punctuation and accents include all characters other than the numerals 0 through 9 and the letters A through Z (in any case) of the English alphabet.

5 Words and abbreviations at the end of an organization name that indicate the existence or nature of the organization are not disregarded by the filing office's programming of its UCC information management system.

6 The word "the" at the beginning of an organization debtor name is disregarded.

7 All spaces are disregarded.

8 For first personal name and additional name(s)/initial(s) of individual debtor names, initials are treated as the logical equivalent of all names that begin with such initials, and first personal name and no additional name(s)/initial(s) is equated with all additional name(s)/initial(s). For example, a search request for "John A. Smith" would cause the search to retrieve all filings against all individual debtors with "John" or the initial "J" as the first personal name, "Smith" as the surname, and with the initial "A" or any name beginning with "A" in the additional name(s)/initial(s) field. If the search request were for "John Smith" (first personal name and surnames with no designation in the additional name(s)/initial(s) field), the search would retrieve all filings against individual debtors with "John" or the initial J as the first personal name, "Smith" as the surname and with any name or initial or no name or initial in the additional name(s)/initial(s) field.

9 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.

10 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, after being modified as provided in this section, exactly match the modified name being searched.

504 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.

505 Search responses.Responses to a search request shall include the following:

A. Copies.Copies of all UCC records retrieved by the search unless only limited copies are requested by the searcher.

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

1 Filing office identification.Identification of the filing office responsible for the search response.

2 Unique search report identification number.The unique number which identifies the search report.

3 Report date and time.The date and time the report was generated.

4 Through date and time.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.

5 Certification language.Certification language will be included when a certified search is requested.

6 Scope of search.An indication of whether the search includes active or unlapsed records.

7 Search logic used.The IACA Recommended Standard Search Logic will be used in all cases unless a specific search request dictates otherwise.

8 Name provided.The name as provided by the searcher.

9 Search string.The normalized name as provided by subsection 503.
10 Lien type searched.UCC or other type of documents searched.

11 Copies.An indication of whether the search includes any or all copies.

C. Report.The search report shall contain the following.

1 Identification.Identification of the filing office responsible for the search report.

2 Search report identification number.The unique number assigned under subsection 505.B.2.

3 Identification of financing statement.Identification of each initial financing statement, including a listing of all related amendments, 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). Financing statement information shall include, but is not limited to the following:
i. Initial financing statement file number.The file number of the initial financing statement.

ii. Initial financing statement filing date and time.The date and time the initial financing statement was filed.

iii. Lapse date.The lapse date for the UCC record.

iv. Debtor name.The debtor name(s) that appear(s) of record.

v. Debtor address.The debtor address(es) that appear(s) of record.

vi. Secured party name.The secured party name(s) that appear(s) of record.

vii. Secured party address.The secured party address(es) that appear(s) of record.

viii. Amendment type.An indication of type of each amendment, if any.

ix. Amendment filing date and time.The date and time each amendment, if any, was filed.

x. Amendment file number.The amendment file number of each amendment, if any.

xi. Information statement filing date and time.The date and time an information statement, if any, was filed.

xii. Filing officer statement filing date and time.The date and time a filing officer statement, if any, was filed.

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