Filing Information
Filer Responsibility
- Filers are responsible for ensuring that UCC documents are legally sufficient, complete and accurate.
- Filers are responsible for determining and correctly providing the exact legal name of the debtor. The determination of the correct legal
name depends on whether the debtor is an individual or an organization.
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Debtor Name
- If the debtor is a registered organization such as a corporation, limited
partnership, or limited liability company, the legal name is the exact name under which it is organized. The best source of the correct name is to
check the registration documents. A preliminary check of business names for California registered organizations may be obtained through
the California Business Search. If the debtor is a general organization, such
as a joint venture or other partnership, use the name contained in the formation documents or other organizational document.
- If the debtor is an individual, there is no single source for the correct legal name. Common sources
that may be used include birth certificates, passports or drivers licenses. You may wish to consult with legal counsel to determine the best source for
your filing situation.
- Article 9, Chapter 5, requires that filers identify a debtor as either an individual or
an organization. Failure to do so will result in rejection pursuant
to California Uniform Commercial Code section 9516. If the debtor is an individual, the document must indicate the debtor’s last name. In California, if the debtor is an organization, the filer must provide one of the following: type of organization for the debtor; jurisdiction of organization for the debtor; an organizational identification number for the debtor; or indicate that the debtor has none.
- Only information contained on a national form (and corresponding addendum) or from the optional California addendum will be
indexed. Information contained on separate attachment pages will not be reviewed or indexed.
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Forms
- The national filing forms contained in
California Uniform Commercial Code sections 9521 and 9526.5(i) will be
accepted for filing. California Government
Code section 12194 specifies that these are the only forms that will be accepted for filing in California.
- Filing forms can be downloaded from the UCC Forms and Fees page, filled–in, printed and
mailed to our office. Be sure to follow all instructions carefully and include filing fees.
- The national forms may not be available in multi–part format and are not required.
- Pursuant to California Uniform Commercial
Code section 9520, rejection letters will reflect both a process date and the file date and time the document would have received had it been accepted. This
information may be helpful to filers in the event of a wrongful rejection from the filing office.
- The Notice of Judgment Lien (Form JL1), Judgment Lien Change Form (Form JL3) and Notice of Attachment Lien (Form ATL) may be downloaded from our website and are available in fill-in format or may be purchased from most large stationery stores. California no longer will accept any other forms.
- Article 9 provides the ability for a debtor to file a statement indicating that a filing is inaccurate or was wrongfully filed. The National Correction Statement (Form UCC5) was designed for this purpose and will be accepted for filing by the
Secretary of State’s office. If properly completed, the statement will be entered into the index; however, no other information will be changed or removed.
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Indexing
- The filing office indexes information exactly as presented on the form by
the filer (including what may appear to be incorrect or extraneous information and typographical errors). The "correctness" of the name is not
verified. Separate data formatting fields are established on the forms for the organization name and/or individual name. Please use the form as designed
with one name per box and format individual names according to the instructions.
- Only information contained on a National Financing Statement, the California revised national
filing forms, their corresponding addendums or the optional National
UCC Financing Statement Additional Party and National Financing Statement Amendment Additional Party will be indexed. Information
contained on separate attachment pages will not be reviewed or indexed.
- California Uniform
Commercial Code section 9520(d) states that the information contained in a financing statement applies to each debtor separately. If a filing contains more
than one debtor but gives either incomplete or undecipherable information for one of the debtors, the filing will be accepted. Only the complete and
decipherable information will be indexed, and reflected in the acknowledgment letter. An amendment or new financing statement will be required to add the
remaining debtor information.
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Proper Place to File
- Fixture and as-extracted collateral or timber to be cut filings may be submitted to the county where the mortgages of real
property are filed. All other collateral filings, including those for consumer goods, crops growing, transmitting utilities, and manufactured homes, may
be filed in the Secretary of State’s office.
- Under Article 9, the proper place to file is where the debtor is located. For debtors that are not individuals, the creditor should file in the state where
the debtor’s business is registered or where the principal place of business is located. If there is more than one location, the creditor should file where the chief executive
office is located. If the debtor is an individual, the creditor should file in the state of the debtor’s principal residence.
- Financing statements covering a California public finance transaction or California manufactured home transaction may be filed in the Secretary of State’s
office.
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Duration of a Financing Statement
- Pursuant to California Uniform
Commercial Code section 9515, the duration for a financing statement is five years then lapses unless it is continued. It remains active in our files for one year after it lapses and is searchable in our database for that period of time. Financing statements that cover California manufactured home transactions or California public finance transactions are effective for
thirty years. Financing statements that cover transmitting utilities do not lapse until terminated by all secured parties of record.
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Availability/Status of Records
- Once an initial document is filed, it remains active in the index and available for searching until one year
after it lapses – generally 5 years from the date of filing.
- Financing statements covering a California public finance transaction or a California manufactured home transaction are effective and remain in the index for 30 years.
- Termination statements do not change the status of a record in the index – with the exception of transmitting utilities financing statements which lapse upon
the filing of a termination. The termination statement will be indexed to the associated filing and will be included in a search of the debtor.
- Searches may contain records that are both unlapsed and lapsed. Records remain available for searching until becoming inactive and are purged
from the index.
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Miscellaneous
- There are no debtor or secured party signature requirements when filing an initial financing statement or amendment
under Article 9.
- Under Article 9, unless a document contains any of the deficiencies identified
in California Uniform Commercial Code section 9516, it
will be accepted for filing.
- In addition to financing statements, state and federal tax liens, notices of judgment liens and notices of attachment liens also are filed at the Secretary of
State’s office.
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Uniform Commercial
Code (UCC)
