Nebraska Administrative Code
Topic - SECRETARY OF STATE
Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE
Chapter 1 - General Provisions
Section 436-1-101 - Means to deliver UCC records; time of filing
Current through March 20, 2024
UCC records may be tendered for filing at the Filing office as follows:
101.1 Personal delivery by Remitter, at the Filing office's street address. The file time for a UCC record delivered by this method is when delivery of the UCC record is taken by the Filing office (even though the UCC record may not yet have been accepted for filing and subsequently may be rejected). This rule applies only to a Remitter who tenders a UCC record to the Filing office and awaits an immediate determination of whether or not the UCC record will be taken or not.
101.2 Courier delivery by a person other than a Remitter, at the Filing office's street address. The file time for a UCC record delivered by this method is, notwithstanding the time of delivery, at the earlier of the time the UCC record is first examined by a Filing office for processing (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected), or the next close of business following the time of delivery. This rule does not apply to a courier who is acting as an agent of the Remitter and who tenders a UCC record to the Filing office and awaits an immediate determination of whether or not the UCC record will be taken or not under Rule 101.1. A UCC record delivered after regular business hours or on a day the Filing office is not open for business will have a filing time of the close of business on the next day the Filing office is open for business.
101.3 Postal service delivery, to the Filing office's mailing address. The file time for a UCC record delivered by this method is the next close of business following the time of delivery (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected). A UCC record delivered after regular business hours or on a day the Filing office is not open for business will have a filing time of the close of business on the next day the Filing office is open for business.
101.4 Electronic Mail. Electronic mail cannot be used for filing UCC records. Electronic mail may be used for requesting searches of the records of financing statements.
101.5 Electronic filing. UCC records, excluding information statements and Filing office statements, may be transmitted electronically using the XML Format approved by the International Association of Commercial Administrators. At the request of an authorized XML Remitter, the Filing office will identify which versions and releases of the XML Format are acceptable to the Filing office. The Filing office publishes an implementation guide that prescribes the use of the XML Format. The implementation guide will be available to the public upon request. The file time for a UCC record delivered by this method is the time that the Filing office's UCC information management system analyzes the relevant transmission and determines that all the required elements of the transmission have been received in a required format and are machine-readable.
101.6 Direct web page data entry. UCC records, excluding information statements, Filing office statements, and transmitting utility filings may be delivered by web page data entry using the Filing office's website on the internet. The file time for a UCC record delivered by this method is the time the entry of all required elements of the UCC record in the proper format is acknowledged by the on-line entry system.
101.7 Means of communication. Regardless of the method of delivery, information submitted to the UCC Filing office must be communicated only in the form of characters that appear on the US ASCII character set. A financing statement or amendment form that includes characters not in the US ASCII character set or does not designate separate fields for organization and individual names, and separate fields for the surname, first personal name, additional name(s)/initials(s) and suffixes for individual names is not an acceptable means of communication to the Filing office and will be rejected.
101.8 Transmitting utility, manufactured-home and public-finance transactions. The only means to indicate to the Filing office that an initial financing statement is being filed in connection with a manufactured-home or public-finance transaction, or that a financing statement is being or has been filed against a debtor that is a transmitting utility is to check the appropriate box on, or to transmit the indication in the proper field in, the related initial financing statement.
