UNIFORM COMMERCIAL CODE
2022 Okla. Sess. Law Serv. Ch. 109 (H.B. 3811) (WEST)
2022 Okla. Sess. Law Serv. Ch. 109 (H.B. 3811) (WEST)
OKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
CHAPTER 109
H.B. No. 3811
UNIFORM COMMERCIAL CODE
An Act relating to the Uniform Commercial Code; amending 12A O.S. 2021, Section 1–9–320.6, which relates to the farm products central filing system; authorizing master list to be available via Internet download; amending 28 O.S. 2021, Section 111, which relates to fees charged by the Secretary of State; clarifying application of certain registration fee; authorizing Secretary of State to provide master list by Internet download; and providing an effective date.
SUBJECT: Uniform Commercial Code
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 12A § 1–9–320.6 >>
SECTION 1. AMENDATORY 12A O.S. 2021, Section 1–9–320.6, is amended to read as follows:
Section 1–9–320.6
CENTRAL FILING SYSTEM RELATING TO FARM PRODUCTS
(1) The Secretary of State shall be responsible for developing and implementing the central filing system. This responsibility shall include obtaining the necessary certification for the system from the United States Department of Agriculture (“USDA”). The effective date for the implementation of the central filing system was October 24, 1988.
(2) The Secretary of State may promulgate, in accordance with the applicable provisions of the Administrative Procedures Act, appropriate rules for the implementation and operation of the central filing system.
(3) The Office of Management and Enterprise Services shall assist the Secretary of State in developing and implementing the central filing system.
(4) The central filing system shall conform to the following requirements:
(a) The Secretary of State shall record the date and hour of the filing of each effective financing statement;
(b) The Secretary of State shall compile all effective financing statements into a master list:
(i) organized according to farm products;
(ii) arranged within each such product:
(A) in alphabetical order according to the last name of the individual debtors or, in the case of debtors doing business other than as individuals, the first word in the name of the debtors;
(B) in numerical order according to the Social Security number of the individual debtors or, in the case of debtors doing business other than as individuals, the Internal Revenue Service taxpayer identification number of the debtors;
(C) geographically by county produced; and
(D) by crop year; and
(iii) containing the information provided for in subparagraph (iv) of paragraph (d) of Section 1–9–320.2 of this title;
(iv) portions of the master list shall be available in hard copy or, electronic formats, or via Internet download, and may be organized by other sorting methods in addition to the methods listed above.
(c) The Secretary of State shall maintain records of all buyers of farm products, commission merchants, selling agents and others who register with the Secretary of State, on a form containing:
(i) the name and address of each registrant;
(ii) the information on the farm product or products that the registrant is requesting;
(iii) the name of each county where the product is produced or to be produced, or a blanket code covering all seventy-seven (77) counties of this state; and
(iv) an authorized signature.
(d) (i) A copy of those portions of the master list covering the information requested by a registrant shall be distributed to such registrants by the Secretary of State on or before the last business day of each month and shall be presumed to have been received by the third business day of the following month.
(ii) Registrants shall be deemed to be registered only as to those portions of the master list for which they register, and shall be deemed to have failed to register and shall not be considered to be registrants as to those portions for which they do not register.
(iii) Registrants are subject only to security interests shown on the portions of the master list which they receive as a consequence of registration with the Secretary of State.
(iv) If a particular security interest is shown on the master list, but was included since the last regular distribution of portions of the master list to registrants, registrants shall not be subject to that security interest;
(e) The duration of the registration with the Secretary of State of a buyer of farm products, commission merchant, selling agent or other registrant shall be one (1) year from the effective date of the registration with the Secretary of State.
(f) (i) Upon request, within twenty-four (24) hours of any inquiry, for information, the Secretary of State shall provide verbal confirmation of the existence or nonexistence of any effective financing statement on file. By the close of the business day following the day on which the request was received, written confirmation of the existence of an effective financing statement will be provided to buyers of farm products, commission merchants, and selling agents who have not registered, and others who request it.
(ii) The state or political subdivision shall not be liable if a loss or claim results from any confirmation of the existence or nonexistence of any effective financing statement on file in the Office of the Secretary of State made in good faith by an employee of the Office of the Secretary of State as required by the provisions of this section.
(5) The filing in the office of the Secretary of State under this section shall be in addition to the filing requirements provided for in this article.
(6) A financing or continuation statement covering farm products that has not lapsed and which was filed pursuant to this title between December 23, 1986, and October 24, 1988, inclusive, and for which no written notice was furnished as provided in Section 1–9–320.7 of this title, shall become ineffective as to a buyer of farm products, commission merchant or selling agent, unless the secured party files an effective financing statement in the office of the Secretary of State.
(7) An effective financing statement shall not be deemed filed in accordance with the provisions of this section until all fees authorized by Section 111 of Title 28 of the Oklahoma Statutes relating to the filing of the statement are tendered to the Secretary of State.
(8) The secured party shall file a termination statement within twenty (20) days after there is no outstanding secured obligation or commitment to make advances, incur obligations or otherwise give value. The secured party shall not be required to file a termination statement if the debtor, in writing, addressed to the secured party, requests that a termination not be filed. The request shall be signed by the debtor or an authorized representative and the request may be made at any time prior to the expiration date of an effective financing statement set forth herein. If the affected secured party fails to file a termination statement as required by this subsection, the party shall be liable to the Secretary of State for Five Hundred Dollars ($500.00). In addition the affected secured party shall be liable to the debtor for any loss caused to the debtor by the failure to terminate the effective financing statement.
(9) The Attorney General shall be responsible for enforcing the provisions of subsection (8) of this section on behalf of the Secretary of State and is authorized to take appropriate actions to collect any penalties owed to the Secretary of State pursuant to subsection (8) of this section. When collected, the Attorney General shall cause the penalty to be deposited into the Central Filing System Revolving Fund created pursuant to Section 276.3 of Title 62 of the Oklahoma Statutes.
<< OK ST T. 28 § 111 >>
SECTION 2. AMENDATORY 28 O.S. 2021, Section 111, is amended to read as follows:
Section 111. A. In addition to other fees provided for by law, the Secretary of State shall collect the following fees:
1. For affixing the certificate of the Secretary of State and the seal of the State of Oklahoma, Ten Dollars ($10.00);
2. For copying any paper or document, One Dollar ($1.00) per page, provided the minimum charge shall not be less than Two Dollars ($2.00);
3. For filing an effective financing statement in the Office of the Secretary of State pursuant to Section 1–9–320.6 of Title 12A of the Oklahoma Statutes, Ten Dollars ($10.00);
4. For filing a continuation statement, partial release, assignment of or amendment to an effective financing statement filed in the Office of the Secretary of State pursuant to Section 1–9–320.6 of Title 12A of the Oklahoma Statutes, Ten Dollars ($10.00);
5. For filing a termination statement for an effective financing statement filed in the Office of the Secretary of State pursuant to Section 1–9–320.6 of Title 12A of the Oklahoma Statutes, Ten Dollars ($10.00);
6. For registering a buyer of farm products, commission merchant, selling agent or other interested party as provided for in Section 1–9–320.6 of Title 12A of the Oklahoma Statutes, Fifty Dollars ($50.00) per year. The registration fee provided for in this paragraph shall not apply if the buyer of farm products, commission merchant, selling agent, or other interested party as provided for in Section 1–9–320.6 of Title 12A of the Oklahoma Statutes accesses the master list through Internet download;
7. For distributing a copy of the master list or portions thereof to registrants, as provided for in Section 1–9–320.6 of Title 12A of the Oklahoma Statutes, in accordance with the following fee schedule. Such fees may be paid annually or semiannually:
a. For information requested for five or less counties:
Number of Farm | |||
Products | Paper | ||
(1) 1 to 5 products | $150 per year | |||
(2) 6 to 10 products | $200 per year | |||
(3) 11 to 20 products | $250 per year | |||
(4) over 20 products | $300 per year | |||
b. | For information requested for six to twenty-five counties: | |
Number of Farm | |||
Products | Paper | ||
(1) 1 to 10 products | $200 per year | |||
(2) 11 to 20 products | $250 per year | |||
(3) over 20 products | $300 per year | |||
c. | For information requested for twenty-six to fifty counties: | |
Number of Farm | |||
Products | Paper | ||
(1) 1 to 10 products | $250 per year | |||
(2) 11 to 20 products | $300 per year | |||
(3) over 20 products | $350 per year | |||
d. | For information requested for over fifty counties: | |
Number of Farm | |||
Products | Paper | ||
(1) 1 to 10 products | $300 per year | |||
(2) 11 to 20 products | $350 per year | |||
(3) over 20 products | $400 per year; |
8. a. The Secretary of State is authorized to provide for the distribution of the master list or portions thereof to those persons specified in paragraph 7 of this subsection through Internet download, electronic data equipment, or other communication media in such form and manner as is specified by the Secretary of State. The Secretary of State shall not collect a fee for distribution of the master list or portions thereof through Internet download.
b. The Secretary of State is authorized to establish a fee system for such transfer of information pursuant to this paragraph. Such fee shall not exceed the amount necessary to cover the costs of the Secretary of State in providing such transfer of information.
c. In providing for the transfer of the information specified by this paragraph, the Secretary of State shall ensure the integrity of confidential information within the Office of the Secretary of State through data security measures, internal controls and appropriate data base management;
9. For issuing a written confirmation of the existence or nonexistence of active effective financing statements on file for a debtor in the Office of the Secretary of State, Six Dollars ($6.00);
10. The Secretary of State shall collect a fee of Twenty-five Dollars ($25.00) for every apostille issued. For the purposes of this paragraph, an apostille is a special certificate attached to a public record, as required by the 1961 Hague Convention, Fed. R. Civ. P. 44 (28 U.S.C.A.), to certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears; provided, however, a fee of Ten Dollars ($10.00) shall be collected for any apostille requested for an international adoption not to exceed One Hundred Dollars ($100.00) for the adoption of each child; and
11. For each service rendered and not specified in this section, such fees as are allowed for similar services in other cases.
B. All fees shall be properly accounted for and shall be paid into the State Treasury monthly. The fees generated by paragraphs 1, 2, 10 and 11 of subsection A of this section shall be deposited to the credit of the Revolving Fund for the Office of the Secretary of State created pursuant to Section 276.1 of Title 62 of the Oklahoma Statutes. The fees generated by paragraphs 3 through 9 of subsection A of this section and other fees collected by the central filing system shall be deposited to the credit of the Central Filing System Revolving Fund created pursuant to Section 276.3 of Title 62 of the Oklahoma Statutes.
SECTION 3. This act shall become effective November 1, 2022.
Approved April 29, 2022.
| End of Document |