111-11-01 Definitions.  

  • Text Box: ACTION: Final Text Box: DATE: 12/27/2010 10:31 AM

     

     

     

    111-11-01                    Definitions.

     

     

     

    Terms used in these filing-office rules but not defined in this Section that are defined in the UCC shall have the respective meanings accorded such terms in the UCC.

     

    (A)Active Record. "Active Record" means a UCC record that has been stored in the UCC information management system and indexed in, but not yet removed from, the Searchable Indexes.

     

    (B)Address. "Address" means either (i) a street address, route number (may include box) or PO Box number plus the city, state and zip code, or (ii) an address that purports to be a mailing address outside the United States of America.

     

    (A)(C) Amendment. "Amendment" means a UCC record that

    purports to amends the

    information contained in a financing statement. Amendments include assignments, continuations and terminations.

    (B)(D) Assignment. "Assignment" is an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement.

    (C)"Continuation statement" shall have the meaning prescribed by section 1309.102(27) of the Revised Code.

    (D)(E) Correction statement. "Correction statement" means a UCC record that indicates that a financing statement is inaccurate or wrongfully filed.

    (E)"File number" shall have the meaning prescribed by section 1309.519(B) of the Revised Code.

    (F)   Filing office and filing officer. "Filing office" and "filing officer" mean the office of the Ohio secretary of state.

    (G)   Filing officer statement. "Filing officer statement" means a statement entered into the filing office's information system to correct an error by the filing office.

    (H)    Initial financing statement. "Financing Initial financing

    statement" shall have the

    meaning prescribed by section 1309.102(39) of the Revised Code means a UCC record that causes the filing office to establish the initial record of filing of a financing statement.

    (I)"Individual" means a human being, or a decedent in the case of a debtor that is such decedent's estate.

    (J) "Initial financing statement" means a UCC record that does not identify itself as an amendment or identify an initial financing statement to which it relates, as required

    by section 1309.512, 1309.514 or 1309.518 of the Revised Code.

    (K)"Organization" means a legal person who is not an individual.

    (L)(I) Remitter. "Remitter" means a person who tenders a UCC record to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. "Remitter" does not include a person responsible merely for the delivery of the record to the filing office, such as the postal service or a courier service but does include as service provider who acts as a filer's representative in the filing process.

    (J) Searchable indexes. "Searchable indexes" means the searchable index of individual debtor names and the searchable index of organization debtor names maintained in the UCC information management system.

    (M)(K)  Secured  party  of  record.  "Secured

    party

    of  record"  shall  have  the  meaning

    prescribed in includes a secured party of record as defined in section 1309.511 of the Revised Code. As well as person who has been a secured party of record with respect to whom an amendment has been filed purporting to delete them as a secured party of record.

    (N) "Termination statement" shall have the meaning prescribed by section 1309.102(79) of the Revised Code.

    (O)(L) UCC. "UCC" means the Uniform Commercial Code as adopted in this state.

    (M) UCC information management system. "UCC information management system" means the information management system used by the filing office to store, index, and retrieve information relating to financing statements as described in these filing-office rules.

    (P)(N) UCC record. "UCC record" means an initial financing statement, an amendment, an assignment, a continuation, a termination statement, a filing officer statement or a correction statement, and includes a record thereof maintained by the filing office. and The term shall not be deemed to refer exclusively to paper or paper-based writings.

    (O) Unlapsed record. "Unlapsed record" means a UCC record that has been stored and indexed in the UCC information management system, which has not yet lapsed under section 1309.515 of the Revised Code with respect to all secured parties of record.

    Effective:                                                     01/07/2011

    R.C. 119.032 review dates:                         10/21/2010 and 07/15/2015

    CERTIFIED ELECTRONICALLY

    Certification

    12/27/2010

    Date

    Promulgated Under:                           119.03

    Statutory Authority:                           1309.526

    Rule Amplifies:                                  1309.102, 1309.511, 1309.512, 1309.518, 1309.519

    Prior Effective Dates:                         x

Document Information

Effective Date:
1/7/2011
File Date:
2010-12-27
Last Day in Effect:
2011-01-07
Five Year Review:
Yes
Rule File:
111-11-01_PH_FF_A_RU_20101227_1031.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 111-11-01. Definitions