Utah Administrative Code
Topic - Commerce
Title R154 - Corporations and Commercial Code
Rule R154-2 - Utah Uniform Commercial Code, Revised Article 9 Rules
Section R154-2-101 - Means to Deliver UCC Records; Time of Filing
Universal Citation: UT Admin Code R 154-2-101
Current through Bulletin 2024-18, September 15, 2024
(1) UCC records may be tendered for filing at the filing office as follows:
(a) Personal
delivery by remitter at the filing office's street address;
(b) Courier delivery by a person other than
the remitter at the filing office's street address;
(c) Postal delivery to the filing office's
mailing address;
(d) Electronic
mail and telefacsimile delivery to the filing office's email address or the
filing office's fax filing telephone number;
(e) Electronic filing using the XML Format
approved by the International Association of Commercial Administrators;
and
(f) Direct online and web page
data entry.
(2) The file time for UCC records is as follows:
(a)
Subject to Subsection R154-2-101(2)(b), the file time for a UCC record
delivered by personal delivery by remitter at the filing office's street
address 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 and 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.
(b) The file time for a UCC record delivered
by courier delivery by a person other than a remitter at the filing office's
street address 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 Subsection (1). A UCC record delivered after regular business hours or on
a day the filing office is not open for business, if not examined for
processing sooner, will have a filing time of the close of business on the next
day the filing office is open for business.
(c) The file time for a UCC record delivered
by postal service delivery to the filing office's mailing address is
notwithstanding the time of delivery, at the earlier of the time the UCC record
is first examined by a filing office for processing or 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, if not examined for processing sooner, will have a filing
time of the close of business on the next day the filing office is open for
business.
(d) The file time for a
UCC record delivered by electronic mail and telefacsimile delivery to the
filing office's e-mail address or the filing office's fax filing telephone
number 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. A UCC
record delivered after regular business hours or on a day the filing office is
not open for business, if not examined for processing sooner, will have a
filing time of the close of business on the next day the filing office is open
for business.
(e) UCC records,
excluding information statements and filing office statements, may be sent
electronically using the XML Format approved by the International Association
of Commercial Administrators. At the request of an authorized XML remitter, the
filing office shall 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. A person shall contact the
filing office to become an authorized XML remitter and to get the filing
office's implementation guide. 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 any of the required
elements of the transmission have been received in a required format and are
machine-readable.
(f) UCC records
may be delivered by online 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.
(3) 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 American standard keyboard, or the information will be modified, upon entry into the UCC information management system, as provided in Section R154-2-401. A financing statement or amendment form that does not designate separate fields for organization and individual names, and separate fields for the surname, first personal name, additional names or initials and suffixes for individual names is not an acceptable means of communication to the filing office.
(4) The only means to show 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 send the indication in the proper field in, the related initial financing statement.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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