Utah Administrative Code
Topic - Commerce
Title R154 - Corporations and Commercial Code
Rule R154-2 - Utah Uniform Commercial Code, Revised Article 9 Rules
Section R154-2-204 - Refusal Errors
Universal Citation: UT Admin Code R 154-2-204
Current through Bulletin 2024-06, March 15, 2024
(1) If a secured party or a remitter believes that a UCC record that the filing office refused to file should not have been refused under Section R154-2-202, the person may contact the filing office to request a review of the refusal decision.
(2) The person requesting review shall provide the filing office with a copy of the reasons for refusal, a copy of the refused record and a statement of the basis for the person's belief that the filing office wrongfully refused to file the record.
(3) Upon receipt of a request for review, the filing office director shall investigate the claim.
(4)
(a) If
the filing office director confirms that the record should have been refused,
the filing office director shall provide a written explanation of the grounds
for refusal.
(b) If it is
determined that the filing office refused to accept the record in error, the
filing office shall file the UCC record with the filing date and time that was
assigned, based on the method of delivery, by the filing office after the
record was originally delivered for filing.
(i) A filing office statement record relating
to the relevant initial financing statement shall be placed in the UCC
information management system on the date that the corrective action was
taken.
(ii) The filing office
statement must provide the date of the correction and explain the nature of the
corrective action taken.
(iii) The
record shall be kept for so long as the record of the initial financing
statement is kept in the UCC information management system.
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