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116.00.6-3.0. Definitions

AR ADC 116.00.6-3.0Arkansas 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 116.00.6-3.0
116.00.6-3.0. Definitions
3.01 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.
3.02 Address. “Address” means information provided as an address on a UCC Record as long as it includes at least a city and a state or foreign country.
3.03 Amendment. “Amendment” means a UCC Record that amends the information contained in a financing statement. Amendments include assignments, continuations and terminations.
3.04 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.
3.05 Filing Office or Filing Officer. “Filing Office” or “Filing Officer” means the Arkansas Secretary of State.
3.06 Filing Officer Statement. “Filing Officer Statement” means a statement entered into the Filing Office's information system to correct an error made by the Filing Office.
3.07 Information Statement. “Information Statement” means a UCC Record that indicates that a financing statement is inaccurate or wrongfully filed. (Previously called a “Correction Statement”).
3.08 Initial Financing Statement. “Initial Financing Statement” means a UCC Record that causes the Filing Office to establish the initial record of the filing of a financing statement.
3.09 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 a service provider who acts as a filer's representative in the filing process.
3.10 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.
3.11 Secured Party of Record. “Secured Party of Record” includes a secured party of record as defined in the UCC, as well as a 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. The term includes an assignor listed on an amendment that purports to be an assignment.
3.12 UCC. “UCC” means the Uniform Commercial Code as adopted by the Arkansas Legislature and currently codified at Ark. Code Ann. § 4-9-101 et seq.
3.13 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 Section 11.0 of these filing-office rules.
3.14 UCC Record. “UCC Record” means an Initial Financing Statement, an amendment, an assignment, a continuation statement, a termination statement, a Filing Officer Statement or an Information Statement, and includes a record thereof maintained by the Filing Office. The term shall not be deemed to refer exclusively to paper or paper-based writings.
3.15 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 Ark. Code Ann. § 4-9-515 with respect to all secured parties of record.

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 116.00.6-3.0, AR ADC 116.00.6-3.0
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