111-11-20 Role of the filing officer.  

  • Text Box: ACTION: Final Text Box: DATE: 01/12/2016 8:50 AM

     

     

     

    TO BE RESCINDED

     

    111-11-20                    Role of the filing officer.

     

     

     

    (A)   Except as provided in paragraph (B) of this rule, the duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a UCC record pursuant to this chapter, the filing officer does none of the following:

     

    (1)  Determine the legal sufficiency of insufficiency of a record.

     

    (2)   Determine that a security interest in collateral exists or does not exist.

     

    (3)   Determine that information in the record is correct or incorrect, in whole or in part.

     

    (4)   Create a presumption that information in the record is correct or incorrect, in whole or in part.

     

    (B)   As set forth in section 111.24 of the Revised Code, the filing officer may refuse to accept a document for filing or recording if the document is not required or authorized to be filed or recorded with the filing officer, of the filing officer has reasonable cause to believe the document is materially false or fraudulent.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    111-11-20

     

     

     

     

    Effective:

    TO BE RESCINDED

     

     

     

     

    01/25/2016

    2

    Five Year Review (FYR) Dates:

    11/05/2015

     

     

    CERTIFIED ELECTRONICALLY

     

     

    Certification

     

     

     

    01/12/2016

     

     

    Date

     

     

     

    Promulgated Under:

     

    119.03

     

    Statutory Authority:

    1309.526

     

    Rule Amplifies:

    Prior Effective Dates:

    1309.519, 1309.520

    7/3/01 (Emer.), 9/20/01

     

Document Information

Effective Date:
1/25/2016
File Date:
2016-01-12
Last Day in Effect:
2016-01-25
Five Year Review:
Yes
Rule File:
111-11-20_PH_FF_R_RU_20160112_0850.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 111-11-20. Role of the filing officer