Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule provides guidelines for when a
filing officer may refuse acceptance of records.
(1) The filing officer may refuse to accept
filing of a Uniform Commercial Code (UCC) record for the reasons specified in
section
400.9-516,
RSMo.
(2) Defects that do not
warrant a filing officer's refusal to accept a record include, but are not
limited to, the following:
(A) The UCC record
contains or appears to contain a misspelling or other erroneous
information;
(B) The UCC record
appears to identify a debtor incorrectly;
(C) The UCC record appears to identify a
secured party or a secured party of record incorrectly;
(D) The UCC record contains additional or
extraneous information of any kind;
(E) The UCC record contains less than the
information required by law except for information allowing rejection pursuant
to 400.9-516(b), RSMo; and
(F) The
UCC record incorrectly identifies collateral, or contains an illegible or
unintelligible description of collateral, or appears to contain no such
description.
(3) If the
record contains more than one (1) debtor name or address and some names or
addresses are missing or illegible, the filing officer shall index the legible
name and address pairings. The filing officer may provide a notice to the
remitter containing the file number of the record, identification of the debtor
name that was indexed, and a statement that any debtors with illegible or
missing names or addresses were not indexed.
(4) If the record contains more than one (1)
secured party or assignee name or address and some names or addresses are
missing or illegible, the filing officer shall index the legible name and
address pairings. The filing officer may provide a notice to the filer
containing the file number of the record, identification of the secured party
name that was indexed, and a statement that the secured parties with illegible
or missing names or addresses were not indexed.
(5) If an amendment requests multiple
actions, the filing officer shall file and index the information in accordance
with the requested actions as long as adequate information can be indexed with
the appropriate finance number.
(6)
If, within thirty (30) days of the date that a record is rejected, a secured
party or a remitter demonstrates to the satisfaction of the filing officer that
a UCC record should not have been refused, the filing officer shall file the
UCC record. The record shall be given a filing date and time reflecting the
date and time the document would have been filed if it had been accepted when
originally tendered for filing.
(7)
The secretary of state may refuse to accept filing of a UCC record when the
secretary of state determines that the record is not created pursuant to
Chapter 400.9, RSMo, or is otherwise intended for an improper purpose, such as
to hinder, harass, or otherwise wrongfully interfere with any person.
(8) The secretary of state shall cancel a
previously filed record if-
(A) An
information statement alleging that a previously filed record was wrongfully
filed and that it should have been rejected under section (7) of this
rule;
(B) Such information
statement includes a written certification, under oath, by the person that the
contents of the information statement are true and accurate to the best of the
person's knowledge; and
(C) The
secretary of state, without undue delay, determines that the contested record
was wrongfully filed and should have been rejected. In order to determine
whether the record was wrongfully filed, the secretary of state may require the
person filing the correction statement and the secured party to provide any
additional relevant information requested by the secretary of state, including
an original or a copy of any security agreement that is related to the record.
If the secretary of state finds that the record was wrongfully filed and should
have been rejected under section (7) of this rule, the secretary of state shall
cancel the record and it shall be void and of no effect.
(9) The secretary of state shall cancel a
previously filed record if-
(A) An
information statement alleging that the person who filed the record was not
entitled to do so under section
400.9-509(d);
(B) The person filing the information
statement is a secured party of record with respect to the financing statement
to which the record relates;
(C)
Such information statement includes a written certification, under oath, by the
person that the contents of the information statement are true and accurate to
the best of the person's knowledge; and
(D) The secretary of state, without undue
delay, determines that the person who filed the contested record was not
entitled to do so under section
400.9-509(d)
and should have been rejected. In order to determine whether the person who
filed the record was not entitled to do so, the secretary of state may require
the person filing the information statement and the person who filed the
contested record to provide any additional relevant information requested by
the secretary of state, including an original or a copy of any security
agreement that is related to the record. If the secretary of state finds that
the person who filed the record was not entitled to do so, the secretary of
state shall cancel the record and it shall be void and of no effect.
(10) If the secretary of state
cancels a record under section (8) or (9), the secretary shall communicate to
the person that presented the record the fact of and reason for the
cancellation.
(11) If the secretary
of state refuses to accept a record for filing pursuant to section (7) of this
rule or cancels a wrongfully filed record pursuant to section (8) of this rule,
or cancels a record pursuant to section (9) of this rule, the secured or
affected party may file an appeal within thirty (30) days after the refusal or
cancellation in the Circuit Court of Cole County.
(A) Filing a petition requesting to be
allowed to file the document commences the appeal. The petition shall be filed
with the court and the secretary of state and shall have the record attached to
it. Upon the commencement of an appeal, it shall be advanced on the court
docket and heard and decided by the court as soon as possible.
(B) Upon consideration of the petition and
other appropriate pleadings, the court may order the secretary of state to file
the record or take other action the court considers appropriate, including the
entry of orders affirming, reversing, or otherwise modifying the decision of
the secretary of state. The court may order other relief, including equitable
relief, as may be appropriate.
(C)
The court's final decision may be appealed as in other civil
proceedings.
*Original authority: 400.9-526, RSMo
2001.
