Legislation
SECTION 9-523
Information from Filing Office; Sale or License of Records
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 5, SUBPART 2
Section 9--523. Information from Filing Office; Sale or License of
Records.
(a) Acknowledgment of filing written record. If a person that files a
written record requests an acknowledgment of the filing, the filing
office shall send to the person an image of the record showing the
number assigned to the record pursuant to Section 9--519(a)(1) and the
date and time of the filing of the record. However, if the person
furnishes a copy of the record to the filing office, the filing office
may instead:
(1) note upon the copy the number assigned to the record pursuant
to Section 9--519 (a) (1) and the date and time of the filing
of the record; and
(2) send the copy to the person.
(b) Acknowledgment of filing other record. If a person files a record
other than a written record, the filing office shall communicate to the
person an acknowledgment that provides:
(1) the information in the record;
(2) the number assigned to the record pursuant to Section
9--519(a)(1); and
(3) the date and time of the filing of the record.
(c) Communication of requested information. The filing office shall
communicate or otherwise make available in a record the following
information to any person that requests it:
(1) whether there is on file on a date and time specified by the
filing office, but not a date earlier than three business
days before the filing office receives the request, any
financing statement that:
(A) designates a particular debtor or, if the request so
states, designates a particular debtor at the address
specified in the request;
(B) has not lapsed under Section 9--515 with respect to all
secured parties of record; and
(C) if the request so states, has lapsed under Section 9--515
and a record of which is maintained by the filing office
under Section 9--522(a);
(D) is filed in the filing office described in Section
9--501(a)(1), if the request indicates the real property
tax designation associated with the real property as
assigned by the local real property tax assessing
authority.
(2) the date and time of filing of each financing statement,
(3) the information provided in each financing statement,
(4) whether there is on file any notice of federal tax lien, or a
certificate or notice affecting such lien, on the date and
time specified in such record naming a particular debtor; and
(5) the date and time of filing of each such notice or
certificate of or affecting a federal tax lien.
(d) Medium for communicating information. In complying with its duty
under subsection (c), the filing office may communicate information in
any medium. However, if requested, the filing office shall communicate
information by issuing its written certificate.
(e) Timeliness of filing office performance. The filing office, except
by a filing office described in Section 9--501 (a) (1), shall perform
the acts required by subsections (a) through (d) at the time and in the
manner prescribed by filing-office rule, but not later than two business
days after the filing office receives the request.
(f) Public availability of records. At least weekly, the secretary of
state shall offer to sell or license to the public on a nonexclusive
basis, in bulk, copies of all records filed in it under this part, in
every medium from time to time available to the filing office.
Records.
(a) Acknowledgment of filing written record. If a person that files a
written record requests an acknowledgment of the filing, the filing
office shall send to the person an image of the record showing the
number assigned to the record pursuant to Section 9--519(a)(1) and the
date and time of the filing of the record. However, if the person
furnishes a copy of the record to the filing office, the filing office
may instead:
(1) note upon the copy the number assigned to the record pursuant
to Section 9--519 (a) (1) and the date and time of the filing
of the record; and
(2) send the copy to the person.
(b) Acknowledgment of filing other record. If a person files a record
other than a written record, the filing office shall communicate to the
person an acknowledgment that provides:
(1) the information in the record;
(2) the number assigned to the record pursuant to Section
9--519(a)(1); and
(3) the date and time of the filing of the record.
(c) Communication of requested information. The filing office shall
communicate or otherwise make available in a record the following
information to any person that requests it:
(1) whether there is on file on a date and time specified by the
filing office, but not a date earlier than three business
days before the filing office receives the request, any
financing statement that:
(A) designates a particular debtor or, if the request so
states, designates a particular debtor at the address
specified in the request;
(B) has not lapsed under Section 9--515 with respect to all
secured parties of record; and
(C) if the request so states, has lapsed under Section 9--515
and a record of which is maintained by the filing office
under Section 9--522(a);
(D) is filed in the filing office described in Section
9--501(a)(1), if the request indicates the real property
tax designation associated with the real property as
assigned by the local real property tax assessing
authority.
(2) the date and time of filing of each financing statement,
(3) the information provided in each financing statement,
(4) whether there is on file any notice of federal tax lien, or a
certificate or notice affecting such lien, on the date and
time specified in such record naming a particular debtor; and
(5) the date and time of filing of each such notice or
certificate of or affecting a federal tax lien.
(d) Medium for communicating information. In complying with its duty
under subsection (c), the filing office may communicate information in
any medium. However, if requested, the filing office shall communicate
information by issuing its written certificate.
(e) Timeliness of filing office performance. The filing office, except
by a filing office described in Section 9--501 (a) (1), shall perform
the acts required by subsections (a) through (d) at the time and in the
manner prescribed by filing-office rule, but not later than two business
days after the filing office receives the request.
(f) Public availability of records. At least weekly, the secretary of
state shall offer to sell or license to the public on a nonexclusive
basis, in bulk, copies of all records filed in it under this part, in
every medium from time to time available to the filing office.