Nebraska Administrative Code
Topic - SECRETARY OF STATE
Title 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE
Chapter 5 - Search Requests and Reports
Section 436-5-503 - Search methodology
Universal Citation: 436 NE Admin Rules and Regs ch 5 ยง 503
Current through March 20, 2024
Search results are produced by the application of search logic to the name presented to the Filing office. Human judgment does not play a role in determining the results of the search.
503.1 Standard search logic.
The following rules describe the Filing office's standard search logic and apply to all searches except as provided 503.2.1.
503.1.1 There is no limit to the number of
matches that may be returned in response to the search criteria.
503.1.2 No distinction is made between upper
and lower case letters.
503.1.3
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 upper and lower case) of the English
alphabet.
503.1.4 All spaces are
disregarded.
503.1.5 The following
rules apply only to organization names:
(a)
The character "&" (the ampersand) is deleted and replaced with the
characters "and" each place it appears in the name.
(b) The following words and abbreviations at
the end of an organization name that indicate the existence or nature of the
organization are "disregarded" to the extent practicable as determined by the
Filing office's programming of its UCC information management system: Agency,
Association, Assn, Associates, Assc, Assoc, Attorneys at Law, Bank, National
Bank, Business Trust, Charter, Chartered, Company, Co, Corporation, Corp,
Credit Union, CU, Federal Savings Bank, FSB, General Partnership, Gen part, GP,
Incorporated, Inc, Limited, Ltd, Ltee, Limited Liability Company, LC, LLC,
Limited Partnership, LP, Limited Liability Partnership, LLP, Medical Doctors
Professional Association, MDPA, Medical Doctors Professional Corporation, MDPC,
National Association, NA, Partners, Partnership, Professional Association, Prof
Assn, PA, Professional Corporation, Prof Corp, PC, Professional Limited
Liability Company, Professional Limited Liability Co, PLLC, Railroad, RR, Real
Estate Investment Trust, REIT, Registered Limited Liability Partnership, RLLP,
Savings Association, SA, Savings Association, SA, Service Corporation, SC, Sole
Proprietorship, SP, SPA, Trust, Trustee, As Trustee.
(c) The word "the" at the beginning of an
organization debtor name is disregarded.
503.1.6 The following search rules apply to
individual debtor names:
(a) Surname: The
individual debtor surname on a filed record must exactly match the surname of
the search request. The search logic does not provide equivalencies for the
surname filed, nor does the search logic disregard titles, suffixes or ending
noise words of any type if entered in the surname field.
(b) First Personal Name. The following
equivalencies apply:
(1) A first personal name
is the logical equivalent of the first initial of the name.
(2) An initial (a single letter) is the
logical equivalent of all first personal names that begin with that
letter.
(3) No first personal name
or initial is the logical equivalent of all first personal names and
initials.
(c) Additional
Names/Initials. The following equivalencies apply:
(1) A name is the logical equivalent of the
first initial of the name.
(2) An
initial (a single letter) is the logical equivalent of all names that begin
with that letter and no entry in the additional names/initials field.
(3) No entry in the additional names/initials
field is the logical equivalent of all names and initials.
(d) Search Results. Only records that exactly
match the surname field under subsection (a); exactly match the first personal
name after application of the equivalency rules in subsection (b); and that
exactly match the additional names/initials field after application of the
equivalency rules in subsection (c) will be reported.
(e) Single Names. 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.
(f) Search Result Examples
(1) A search request for "John A. Smith"
(first personal name and surname with an initial in the additional
name(s)/initial(s) field) would cause the search to retrieve all filings
against all individual debtors with (i) "John" or the initial "J" as the first
personal name, (ii) "Smith" as the surname, and (iii) no name or initial, the
initial "A" or any name beginning with "A" in the additional name(s)/initial(s)
field.
(2) A search request for
"J.A. Smith" (initial for first personal name, surname and an initial in the
additional name(s)/initial(s) field), would retrieve all filings against
individual debtors with (i) the initial "J" or any name beginning with "J" as
the first personal name (ii) "Smith" as the surname, and (iii) no name or
initial, the initial "A" or any name beginning with "A" in the additional
name(s)/initial(s) field.
(3) A
search for "John Smith" (first personal and surname with no designation in the
additional name(s)/initial(s) field), would retrieve all filings against
individual debtors with (i) "John" or the initial "J" as the first personal
name, (ii) "Smith" as the surname and with any name or initial or no name or
initial in the additional name(s)/initial(s) field.
503.1.5 After applying the
preceding rules to the name being searched, the search will retrieve from the
UCC information management system's searchable index all Unlapsed Records, or,
if requested by the searcher, all records, that pertain to financing statements
with debtor names that, after application of this Rule 503, exactly match the
name being searched.
503.2 Non-standard (wild-card) search logic.
503.2.1 A non-standard (wild-card) search
methodology is used to check against non-UCC liens or miscellaneous liens
maintained by the Filing office including Federal Tax Liens, State Tax Liens,
and Judgment liens (including Abstract of Judgment, Criminal Fine Enforcement
and Notice of Lien for Fine or Penalty for Sentencing), and Farm Product
Security Interests (EFS statements).
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