Current through Register Vol. 63, No. 9, September 1, 2024
(1) An EFS must
be filed on a form prescribed and approved by the Secretary of State. The form
shall be designated "EFS-1."
(2)
The information on the Form EFS-1 should meet the following requirements:
(a) Name, address and telephone number of the
secured party:
(A) The name and address of
the secured party are required;
(B)
The secured party name or names must be entered completely and
precisely;
(C) The name of an
individual must be entered in order of last name (surname), first name, and, if
any, middle initial or name;
(D)
Assumed business names and business entity names must appear beginning with
first word or character that is not an article or punctuation mark;
(E) The address of the secured party must be
the address where information pertaining to the security interest maybe
obtained;
(F) The telephone number
of the secured party is requested.
(b) Name and address of each debtor:
(A) The name and address of each debtor is
required;
(B) The name of each
debtor must be entered completely and precisely;
(C) The name of an individual must be entered
in order of last name (surname), first name, and, if any, middle initial or
name;
(D) Assumed business names
and business entity names must be entered beginning with the first word or
character that is not an article or punctuation mark;
(E) The address of the debtor is the mailing
address of such person;
(c) Farm Product name or code:
(A) Each farm product that is produced in
Oregon is assigned a four-digit numerical code. The codes are located on the
back side of the Form EFS-1;
(B)
The farm product code is required;
(C) Each filing party is responsible for
listing the appropriate farm product code for a farm product on which the EFS
or notice of security interest is being filed;
(D) The four-digit product code for each farm
product subject to the security interest must be entered. A table of product
codes appears on the back of the Form EFS-1;
(d) Crop year:
(A) The crop year, for crops grown in soil,
is the calendar year in which it is harvested or to be harvested;
(B) For animals, the crop year is the
calendar year in which they are born or acquired;
(C) For poultry or eggs, the crop year is the
calendar year in which they are sold or to be sold;
(D) If an EFS does not show a crop year, it
will be regarded as applicable to the crop or farm product in question for
every year the EFS is effective;
(E) The crop year is a two-digit or
four-digit code representing the actual year;
(F) The crop year must be shown on the Form
EFS-1, unless every year of the farm product in question, for the duration of
the EFS, is subject to the particular security interest.
(e) County Code:
(A) Each county in Oregon is assigned a
two-digit numerical code. The county code represents the county in which the
farm product is produced or is to be produced. The county codes are located on
the back side of the Form EFS-1;
(B) The county code is required;
(C) Below is a list of the county codes for
Oregon:
(i) Baker - 01;
(ii) Benton - 02;
(iii) Clackamas - 03;
(iv) Clatsop - 04;
(v) Columbia - 05;
(vi) Coos - 06;
(vii) Crook - 07;
(viii) Curry - 08;
(ix) Deschutes - 09;
(x) Douglas - 10;
(xi) Gilliam - 11;
(xii) Grant - 12;
(xiii) Harney - 13;
(xiv) Hood River - 14;
(xv) Jackson - 15;
(xvi) Jefferson - 16;
(xvii) Josephine - 17;
(xviii) Klamath - 18;
(xix) Lake - 19;
(xx) Lane - 20;
(xxi) Lincoln - 21;
(xxii) Linn - 22;
(xxiii) Malheur - 23;
(xxiv) Marion - 24;
(xxv) Morrow - 25;
(xxvi) Multnomah - 26;
(xxvii) Polk - 27;
(xxviii) Sherman - 28;
(xxix) Tillamook - 29;
(xxx) Umatilla - 30;
(xxxi) Union - 31;
(xxxii) Wallowa - 32;
(xxxiii) Wasco - 33;
(xxxiv) Washington - 34;
(xxxv) Wheeler - 35;
(xxxvi) Yamhill - 36.
(D) The county code(s) must be listed for
each product code shown.
(f) Amount of farm product (where
applicable):
(A) The amount of farm product
may or may not be shown on every EFS and master list entry;
(B) The need to supply this additional
information arises only where some of the debtor's farm product is subject to
the security interest and some is not;
(C) If the EFS does not show an amount, this
constitutes a representation that all of such product owned by the debtor is
subject to the security interest in question;
(D) The amount shown must be sufficient to
enable a reader of the information to identify what part of the debtor's farm
product owned by the debtor is subject to the security interest, and what is
not;
(E) Twenty characters have
been allotted on the master list for providing information on the amount of
farm product. The description of the amount should not be more than 20
characters.
(g) Brief
Description of farm product:
(A) A brief
description of the farm product maybe shown on the EFS and master list
entry.
(B) The need to supply this
additional information arises only where some of the debtor's farm product is
subject to the security interest and some is not.
(C) Seventy-five characters have been
allotted on the master list for providing information on the description of the
farm product. The farm product description should not be more than 75
characters.
(h)
Signature of the debtor, unless the debtor has executed a security agreement
granting a security interest in the farm products to the secured
party.
(3) The EFS will
be rejected if it does not contain the name and address of the debtor, name and
address of the secured party, farm product code, county code, or if it is not
accompanied by the EFS filing fee.
(4) For the purposes of filing an effective
financing statement, an electronically submitted document shall be considered
an original document under ORS
80.115.
Stat. Auth.: ORS
80.106 &
80.115
Stats. Implemented: ORS
80.115