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116.00.6-10.0. Acceptance and Refusal of Records

AR ADC 116.00.6-10.0Arkansas Administrative Code

West's Arkansas Administrative Code
Title 116. Secretary of State
Division 00
Rule 6. Uniform Commercial Code Filing Office Rules
Ark. Admin. Code 116.00.6-10.0
116.00.6-10.0. Acceptance and Refusal of Records
10.01 Role of Filing Officer. 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 these rules, the Filing Officer does not determine the legal sufficiency or insufficiency of the UCC Record, determine that information in the record is correct or incorrect, in whole or in part, or create a presumption that information in the UCC Record is correct or incorrect, in whole or in part.
10.02 Time for filing a continuation statement.
10.02.1 First day permitted. The first day on which a continuation statement may be filed is the date corresponding to the date, six months preceding the day of the month in which such financing statement would lapse. If there is no such corresponding date, the first day on which a continuation may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse. The foregoing rule is subject to the ability of the Filing Office to take delivery of the continuation statement as tendered, and to Section 4.0.
10.02.2 Last day permitted. The last day on which a continuation statement may be filed is the date upon which the related financing statement lapses. The foregoing rule is subject to the ability of the Filing Office to take delivery of the continuation statement as tendered and to Section 4.0. Accordingly, the time of filing of the continuation statement under Section 4.0 must be on, or prior to, such last day and delivery by certain means of communication may not be available on such last day if the Filing Office is not open for business on such day.
10.03 Grounds for refusal. In determining under Ark. Code Ann. ยง 4-9-516 whether or not there is one or more grounds to refuse a UCC Record, the Filing Office will refuse a record that does not provide an Address that meets the minimum requirements for an Address as set forth in these filing-office rules.
10.04 Rule upon refusal. If the Filing Officer finds grounds to refuse a UCC Record, the Filing Officer will hold the funds in the filer's submitter account to be applied to future transaction(s). The rule for a refund of these funds is described in Section 8.0. Communication of the refusal, the reason(s) for the refusal and other related information will be made to the Remitter as soon as practicable and in any event within two business days after the refused UCC Record was received by the Filing Office, by the same means as the means by which such UCC Record was delivered to the Filing Office, or by mail or such more expeditious means as the Filing Office shall determine. Records of refusal, including a copy of the refused UCC Record and the ground(s) for refusal, shall be maintained at least until the first anniversary of the delivery date of the UCC Record.
10.05 Refusal errors. If a secured party or a Remitter demonstrates to the satisfaction of the Filing Officer that a UCC Record that was refused for filing should not have been refused under Rule 10.03, the Filing Officer will file the UCC Record with the filing date and time the UCC Record was originally tendered for filing. A Filing Officer Statement record relating to the relevant initial financing statement will be placed in the UCC Information Management System on the date that the corrective action was taken. The Filing Officer Statement must provide the date of the correction and explain the nature of the corrective action taken. The record shall be preserved for so long as the record of the Initial Financing Statement is preserved in the UCC Information Management System.
10.06 Notification of defects. Nothing in these rules prevents a Filing Officer from communicating to a filer or a Remitter that the Filing Officer noticed apparent potential defects in a UCC Record, whether or not it was filed or refused for filing. However, the Filing Office is under no obligation to do so and may not, in fact, have the resources to do so or to identify such defects. The responsibility for the legal effectiveness of filing rests with filers and Remitters and the Filing Office bears no responsibility for such effectiveness.

Credits

Adopted July 12, 2014.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 116.00.6-10.0, AR ADC 116.00.6-10.0
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