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Administrative Rules of the Delaware Secretary of State, Division of Corporations, Uniform Commercial Code, Revised Article 9, revised July 11, 2017

 

ADMINISTRATIVE RULES
OF THE
DELAWARE SECRETARY OF STATE
DIVISION OF CORPORATIONS
Revised 7/11/2017
UNIFORM COMMERCIAL CODE
REVISED ARTICLE 9
John G. Townsend Building
401 Federal Street, Suite 4
Dover, Delaware 19901 ) J , X 1.
http://corp.deiaware.gov
Office Hours: ,8:00AM - 4:30PM
(Monday thr0!lgh Friday, except holidays)
Telephone Numbers
(302) 739-3073
Fax (302) 739-3812/3813

 


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Table of Contents
Section 1. General Provisions ................. .... ... ............... ............. .. ...... ... .. ...................... ........ ....... .. .......... .... ... ... 1
100 Definitions ........ .................. .. ........................ .................... ... .. .............. ........... ........ ........................... ....... ... 1
lOO.1 Active Record ... .............. ................. .. .. ..... ............. ... ....................... ............................... ....... .. .. ... ..... ....... 1
100.2 Address ...... .. .. .. ........ .. ............ ....................... ........ ........ ... ........ ....... ... .... .. ......... ................. ..... .......... ........ 1
Amendment statelnent. ....... ................ .... .. ........ ...... .............. ..... ........ .... ... .. ...... ....................... ... ......... 1
As .ignl11ent statement. .................. .......... ... ........... .. ... ....... ... ...................... .... ............ ......................... 1
100.5 InfOlmation statement. ..... ........ ... ................ .... ............... ... ....... ......... ... .... .. ..... .... ...... ....... ....... ........ ....... ... 1
100.6 fi ling officelofficer ....... ............ ..... ........ ... ...... ...... ... ... ....... .. ....... ..... .. ... ......... .......... .. ...... ......................... 1
100.7 Filing officer statement. .... ... ............. ....... .......... ........... .... ...... .......... .. ............. ....................................... .. 1
100.8 In itial financing Statement. .................. ......... .... .... .. .. ... ..................... .. .. .... ....... ........................ ..... .... ........ 1
100.9 Remitter . .... ................ ........ ...... .... ... ......... .. .... .. ... ... .. ..... ....... ........ ..... .. ........... .... ............ ..... ............... ........ 2
100.10 Searchable indexes ........................ ..................................... .. ..... ... ......... ... .... ...... .. ..... ...................... .......... 2
100.1 1 ecured party of record ................................................................................. .. .. .......... ............... .... ........... 2
100.'12 UCC . .......... .... .... ..... ......... ...... ..... ... ........ .... ..... .... ........... ........ .. ................. .. ..... .... ... .... .......... .............. .. .... 2
100. 13 UCC Information Management System ........................ .. ........ ......................... .... ................................... .. 2
100.14 VCC record ... ......... .... .. ....... .............. ..... ...... .. .. ................................................................................. .... .. .. 2
100.15 Unlnpsed record ........... ........... ............. .. ..... .......... ......... ..... .. ...... ....................... ..... .......... ...... .............. .... 2
ill Mans to deliver U C records .............. ....................................... ..... ................................ ..... ........ .. ............ 2
101.1 Persona I delivelY by Rem itter ............................... .... .. ....................... ..... .. .......................................... 2
101.2 Courier deliverv ... ....... . ................... ... .................. ..... .. ........ ... .. . ... .. ....... ........... ....... 2
101.3
101 .4
101.5
10l.6
101.7
101.8
101.9
- Iectronic mail ........... ...... ... ............. .......... ............ ................... ... ...... ... .... ................ .... .... ....... ... ........ 3
Electronic fi ling .... ................................. ............................... ..... ... ....... ...................... .... ... ...... .. .. ..... .... 3
Direct Web Page ....... ......... .. ............... .... ......... ....... ......... .. .......... ...... ............................. .................... 3
Means of communication .. .. ......................................... .... ..... .. ..... ................. .... .......... ........................ 4
Transm itting utility. manufactured-home and public-finance transactions ..... ...... ............................. .4
Delivery offederal documents .... .... .......... ... ........ ... ..... ............. ........ ...... ..................................... .... ... 4
102 Search recluest delivery ... .......................... ... ....................... ....................... .......... ............................... ... .. .. .. 5
103 Forms ............ ..... ..... .... ... .... ................... ........ ... .. ........ .. ... ..... ... .......... ........................... ...... ..... ........ .. ... ... ..... 5
104 Fees .. ............ .. .. .... .... .... ... ...... ....... ... ....... ... ... ................... ..... ................. ........ .... ... .......... .... ............... ... ........ 5
104.2 Additional fees . ... ......... ........ ............................ .................................... .... .... ...... ........... ... ... ..... ........... 5
104.3 UCC search fee ..... ........................................................................ ................ ...... .. ..... ..... ... ...... ......... .. 5
104.4 UCC earcll - copies ....... ......... ............... ............. ........................................ ...................................... 5
~ Expedited services ... ................ ............. .............. ................................... .. ..... ....................... ...... ....... ...... ..... 6
105.1 Types of Expedited Services .................................. ..... ............................... ..... ......... .............. ....... ...... 6
105.2 How to request expedited service ................................ .... ........................ ... ....... .................... .. ......... ... 6
106 Methods of payment. ... ... ............ ............. ... ...... .. .... ........ .......... ....... ... .. ....... ................................................ 6
106.1 Cash ....... ..... .... ... ............................ ........... .. .. .. ..... .... ..... ... ...... .. ... ................ .... .................... ............... .. 6
106.2 Checks . .. ............. .. .... ... ......... .... .. .......... .......... .... ... ... .... .. ...... ......... ... .. .. ..... ..... ... ..... .......... .... .... .. ......... 6
106.3
106.4
106.5
ACl-I Payment. .. ........ ...................................... ............. ......... ........... ..... ......... .................... ................. 6
~aid account. .. ... ... ... ........... ......... ... .... ..... .... ...... ... ..... ........ .. ...... ..... ..... ... ........ ..... ... ......... ... ............ 7
Debit and/or Cred it cards . ..................................... .... ........... ..... ........................... ................ ......... .. .... 7
107 OverpaymeJlt and underpayment policies ............ ........ ...... .............. ....... .................. : .................................. 7
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107.1 Overpayment. .......... ............. ........... ....................... ............ ...... .............. ........ ... ... .. ........ ..... ............. ... 7
107.2 Underpayment. .................... ...... .. .... ...................... .. ... .... .................. ............................................. ...... 7
108 Public records services ....................... ............................................................. ............................ ................. 7
109 Fees for public record service ... ... .......... ........... .... ......... ... ................... .......... ...................... .. ........ .. ......... .. 8
1l.Q New practices and technologies ...... .... ... ................................ ......... .... ......................... ................... ............. 8
Section 2. Accepta nce and Refu sal of Document ............................. .................. .. ........................................... 9
200 Role offi ling officer. .................................................... ...... .... .... ...... ...... ......... .. ............................. ........... .. 9
ill Time for filing a continuation tatement .............. ........................................................... .. ............... ...... ...... 9
201.1 First day permitted ......... ....... .............................................. ........................ ............. ........................... 9
201.2 Last day perm ittecl ....... .................................. ....................... .... ... .... ............. ...... ... .......... ...... ... ....... .. .. 9
202 Grounds for refusal. ..................... .... ................................................................ ........ .. ...... ....... ..................... 9
203 Procedure upon refusal. ........................ ............................. ............. ............................. ................................. 9
204 Refusal errors ..... .... ........ ... .......... ....... .... .... .......... ... ........ ... .......... ...... ... ........................... ..... ..... .... ............ 10
205 Notification of defects ................................... ................ ................................................ ........................... .. 10
Scction 3. uee Inform ation Managcment ystclll ............................ ....................... ................................... .. 11
300 General. ...... ... .............................. .... ... ........ .................... .. ..... .. ........ .. ................ .......................... ... .. .. ... ..... II
ill Primary data elements .... .. ............ ........................ ........... ...... ... ...... ... ...... ............................. .... .................. I I
301.1 Ident'ification numbers ................................... ....... ........ ... .. ....... ....... .. ... ................ ............................ 11
301.2 Type of record ............................... .. .. .......... ............ .... ........ ... ....... ......... ........................................... I I
301.3 FiUng date and fili ng time . ........ .. ... ..... .. ... .... .. .. .... ............ ... .. ........ .............. ;:;;:: ....... ..................... .... 11
301.4 Identification of partie . .... ......................... ..... ..................... .. ......... ... ........ ... .......... ............... ........... 11
Page count. .... ........ ..... ...... ............................ .................... .. ... ...... .. ...... ...... ............. ..... ... .... .... ... ........ I I
Lapse indicator. ........ .......... .............. ........... .................. ........... ..... .......... .... ........... ............... ... ......... 12
301.7 Tndexes of names ... .... ... ..................... ..... ..................... .......... ............................................. ...... ....... .. 12
302 Individua l debroi' names .... .. ..... .. .... ... .... ... ..... ... .. ....... ....... ..... .... ..... ....... .. ....... ............ ...... ... ...... .. ... ..... .. ..... 12
302.1 lnd ivi.dual Ilalne fi.elds .................... ......................... .. ...... .... .... ... ..... .. ............. .. ............. ............. ....... 12
302.2 Titles, prefixes and suffixes .. ..... .... ........................ ..... ...................................................................... 12
302.3 Extended debtor name field ........................ ............ .... ...................... .. ........ ..... .................................. 12
302.4 Truncation - individual names ........................................................................ .................................. 12
303 Organ ization debtor names ............. ... .............. ..... ..... ..... .. ............ .... ..... .... .... ........ .................................... 13
303.1 Single field . ........... .... ....................... .......... .... ........ ..... ..................... .. ... .. .... .... .......... .. ........ ... ........ ... 13
303 .2 Truncation - organization names . .... ..................................... .......... .. .................... ..... .. ... ................ .. 13
304 Coll ateral bei ng administered by a Decedent's Personal Representative ....... .. ......................................... l3
305 Collateral held in a Trust .. ..................... .. ............ .. ................ .. ..... .. ...... .. ................................ ....... .... ......... 13
306 Initial financing statement ....... .. .. ... ........................ .................................... ............ ..... ....... ... ......... ..... .... ... 13
306.1 Status of secured party ......................... .............. .......... .................. ................................................... 13
306.2 Status or debtor . ..... ... ...... ... .... ....... ... .. ..... : ... .......... .. ... ....... ... .. ....... ................................. ........ ........... 14
306.3 Status of financing statement. ....... ..... ......... .. ........ ............. ... ............. ......... ..... ......... .. ... ................... 14
307 Amendlnents generally .............. ..... ....... ........... ......................................................................................... 14
308 Continuation ta.lement. ........... ... ....... ..... ... .. ... .................. .... ....... ... .. ... ................. ... .... ............ .......... ... ..... 14
308.1 Continuation of lapse date ............................................................................................... ... ............... 14
308.2 Status ........................................ ........ ........... ....... .... ......................................... ..... ..... ........................ 14
309 Tennination ................... .................... .. ... ... ............. ..... ... ................ ........... .. ........................... .................... 14
310 lnfol'mation staLement. ..... ... ........... .. .................. .... ............................. .... .......... ........... ... .. ..... .................... 15
ill Fi ling officer stat mellt. ...... .. .............................. ... ...... ............................... ... ... .. ....................................... 15
312 Procedure upon lapse .................. .. .. .......... .... .......... .. .. ......... .. .... .... .. .... .. .. .. ......... .... .. ... .. .. .... .... .. ... .... ... ...... 15
ill Removal of record ................... ..... ................ ... ... ~ ... ............. ...... .............. .. ............. .. ............... .......... ....... .. 15
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Section 4.
400
401
402
403
404
405
Filing and Data E ntry Procedures ............ ... ....... ...... ........ .... ...................... ............... ...... .... ..... ..... 16
- 1'1"01'5 of the filing office . ................... ...... .. ................ .... ...... .. ..................... .......... ................... .... ..... ......... 16
Data entry ........ .. ...... ..................... ........... .. ... ........ .... .. ................. ........................ .... .............. ..................... 16
Verification of data enlly ........................ ........... , .... .... ... , ..................... .................................... .................. 16
Master a.mendments ............ ..... ... .. .. ........... ................... ... ............... ... ......... ...... ... ............ ..... .. ................... 16
Notice of bankruptcy ..... .......................... .............. .. .. .... ............... ..... ... ..... , ...................... ..... ... ................ .. 16
Redaction of certain .. ... . .... ....... ... .. .... ... , ............. .. , ....... . .................................. , ... . ..... . .. 17
406. . . Data and image communicated to the .. . .. . ..... .... ....... , ..................... . . ...... .......... . .. ......... , ... 17
Section 5.
500
501 Search requests - required information ................... ... ..... ....... ...................... ........ ..... .. ... .......... .......... .... .... 18
501.1 Name searched . ........ ....... ... ........ .......................... .................. ........ ...................... ............................. 18
501.2 Requesting party ...... ......... ........ ........ .... ... ........ ....... .............. ... .......... ........................ .................. ...... 18
501.3 Fee ........ ... ........................... .. ................ .. ................................ ..... .......... .... ............ .... .............. ... ....... 18
50104 Search logic . .................................................... ....... ............................... ............................................ 18
502 Search requests - optional information . .... ....... .. ............ ................ ... ......... ....... ............... ......... .. ............... 18
502.1 Copies ................. ......... .... .. .... ..... .................. ...... ..... ......... .. .. .... ......... , ......... ..... ......................... ..... ... 18
502.2 Scope of search ....... ... ............ .......................... .......... ......... ..... .......... ..... .......................................... 18
502.3 Mode of del ivery .. .. .. ..... .. .. ..... .. ...................... .... ................................. ... .... ... ............... .............. .. ..... 18
50204 Search request with ~iling ....... .. .......................................................... .. .. ... ............. ..... .......... .... ........ 18
503 Search methodology .... ........ ............. .... ................... , ..... .. ... .......... , ........ .. ....... ............. ............................... 19
503.1 Standard search logic . .............. ......... ........ ......................... .... ........................................................... 19
503.2 Non-standard search logic ... .. ....... ....... .............. ............... ... ... ... ............... ...... ... .... . , .. .. , .. , ...... ... ...... ... 20
504 Changes in standard em'cll logic . .. ............ .. .... ................... ............ .. , ..................................................... ... 20
505 Search responses . ........................ ................... , ....... ......... ................ .......... ...... ... ... ..................................... 20
505.1 Copies ....... .. ............................. ......... .... ....... .... ............................. ........ ......... ... .. ............... ...... ... ....... 20
[Jltroductory information .. .... ........... .. ... ... ........................ , .. ... ....... ... .. . , ................ .. .... ........ ................ 20
Report. ............. ..... ............ ........ ......................... .... ....... ... ...... ....... .. ............ ........ .. ............ ....... .. ........ 21
Section 6. Other Notices of Liens .. ..... ...... ........... ................. ..... .......... ........................................................ ..... 23
600 Policy ... .... ... .... .. .. .......... .................. ... .... ..... .................. ...... ................................. .. .......... ........ ............. ..... 23
601 Notice offederal tax lien on corporate' names on ly .............................................................. ....... .. .. ....... 23
601.1 Fi ling ............... ... .......... .. .... ..... ... .. .... ... .... .. ... ... .. ......... .... ...... .. ... ... ... ........ .......... .... ........... ............... .. ........ 23
601.2 Mechanics of search ...... ... ...... ............... .......... ... ............................................................................... 23
602" Notice of ' tate tax lien . ..... ........... .. .. ........................................... .. ................ ... ................. .. .......... ............. 23
603 , Notice of other lien in favor of a governmental body . ............... ...... ... ....... .. ....... ......... ... ........................... 23
603.1 Notice of Racketeering Lien ..... ........ ........ ..... .. ... ....... ........................... ..................... .. .. ................... 23
603.2 Duration . ..... .................. .................. ............................................ ......... ........ ...... .. .. .... ....................... 24
604 ' Agricultura.lliens ........ .... ...... .... ... .. ... ................... ............ .............. ... , ... .. .. ... ... .. ................ ..... ..... .. ... .. ..... ... 24
604. 'I Mechanics of filing . .. ........... ............ .. ............ ....... ........ .......... ... ... , ....... ................ .... ....... ................. 24
604.2 Mechanics of search .................. ........................... ..... ........ .. ..... ..... ......... ............... .. ... ....................... 24
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Section 1. General Provisions
100 Definitions. Terms used in these filing office rules but not defined in this Section that are
defined in the uee shall have the respective meanings accorded such terms in the uee.
100.1 Active Record. "Active Record" means a uee record that has been stored in the
uee Information Management System and indexed in, but not yet removed from,
the Searchable Indexes.
100.2 Address. "Address" means either (i) a street address, route number (may include
box) or P. O. Box number plus the city, state, and zip code, or (ii) an address that
purports to be a mailing address outside the United States of America.
100.3 Amendment statement. "Amendment" means a uee record that amends the
information contained in a financing statement. Amendments include
assignments, continuation and terminations.
100.4 Assignment statement. "Assignment" is an amendment that assigns all or a part
of a secured party's power to authorize an amendment to a financing statement.
100.5 Authorized uee Filer. "Authorized uee Filer" means a Delaware service
company or a law firm who has been granted the authority by the Secretary of
State to accept the delivery of documents from a filer(s) and electronically
transmit such documents into the uee Information Management System.
100.6 Information statement. "Information statement" means a uee record that
indicates that a financing statement is inaccurate or wrongfully filed.
100.7 Filing office/officer. "Filing office" and "filing officer" mean the Secretary of
State.
100.8 Filing officer statement. "Filing officer statement" means a statement entered into
the filing office's uee Information Management System to correct an error made
by the filing office.
100.9 Initial financing Statement. "Initial Financing Statement" means a uee record
that causes the filing office to establish the initial record of filing of a financing
statement.
100.10 Remitter. "Remitter" means a person who tenders a uee 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 document to the filing office, such as the postal
1
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service or a courier service but does include a service provider who acts as a
filer's representative in the filing process.
100.11 Searchable indexes. "Searchable indexes" means the searchable index of
individual debtor names and the searchable index of organization debtor names
maintained in the vee Information Management System.
100.12 Secured party of record. "Secured party of record" includes a secured party of
record as defined in the vee as well as a person who has been a secured party
with respect to whom an amendment has been filed purporting to delete them as a
secured party of record. The term includes the assignor listed on an amendment
that purports to be an assignment.
100.13 vee. "vee" means the Vniform Commercial Code as adopted in this State.
100.14 vee Information Management System. "vee 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 3 of these filing office rules.
100.15 vee record. "vee 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.
100.16 Vnlapsed record. "Vnlapsed record" means a vee record that has been stored
and indexed in the vee Information Management System, which has not yet
lapsed under vee Section 9-515 with respect to all secured parties of record.
101 Means to deliver vee records; time of filing. vee records may be tendered for filing at
the filing office as follows:
101.1
101.2
Personal delivery by Remitter, at the filing office's street address. The file time
for a vee record delivered by this method is when delivery of the vee record is
taken by the filing office (even though the vee record may not yet have been
accepted for filing and subsequently may be rejected). This rule applies only to a
Remitter who tenders a vee record to the filing office and awaits an immediate
determination of whether or not the vee record will be taken or not.
NOTE: The filing office will not accept vee records delivered by this method
after November 30, 2015.
i G: ~j
Courier delivery by a person other than a Remitter at the filing 'office's street
address. The file time for a vee record delivered by this method, is
notwithstanding the time of delivery, at the earlier of the time ofthe vee record is
first examined by a filing officer for processing (even though the vee record may
2
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not yet have been accepted for filing and may subsequently rejected), or the next
close of business following the time of delivery. This rule does not apply to a
courier who is acting as an agent ofthe Remitter and who tenders a Dee record to
the filing office and awaits an immediate determination of whether or not the Dee
record will be taken or not under rule 101.1.
NOTE: The filing office will not accept Dee records delivered by this method
after November 30, 2015.
101.3 Postal service delivery to the filing office's mailing address: P.O. Box 898,
Dover, DE 19903. The file time for a Dee - record delivered by this method is
the next start of business following the time of delivery (even though the Deerecord
may not yet have been accepted for filing and may be subsequently
rejected). A Dee record delivered after regular business hours or on a day the
filing office is not open for business will have a filing time of the start of business
on the next day the filing office is open for business.
NOTE: The filing office will not accept Dee records delivered by this method
after November 30,2015.
101.4 Electronic mail and tele facsimile delivery to the filing office's fax filing
telephone number (302-739-3812/3813). The file time for a Dee record delivered
by this method is, notwithstanding the time of delivery, at the earlier of the time
the Dee record it first examined by a filing officer for processing (even though
the Dee record may not yet have been accepted for filing and may subsequently
be rejected), or the next start of business following the time of delivery.
A Dee record delivered after regular business hours or on a day the filing office
is not open for business, will have a filing time of the start of business on the next
day the filing office is open for business. NOTE: The filing office will not accept
Dee records delivered by this method after November 30,2015.
101.4.1 Facsimile delivery of Dee documents of this method must provide
a credit card number; the expiration date of the card; the security
code; and the name and the billing address of the card holder; or
the submitter must have a DepositoryAccount with the Division of
eorporations.
101.5 Electronic filing. Dee records, excluding information statements and filing
officer statements, may be transmitted electronically using the XML Format
approved by the International Association of eommercial Administrators. At the
request of an authorized XML Remitter, the filing officer shall identify which
versions and releases of the XML Format are acceptable to the filing office. The
filing office publishes an implementation guide that prescribes the use of the
XML Format. The implementation guide shall be available to the public upon
request. The file time for a Dee record delivered by this method is the time that
the filing office's Dee Information Management System analyzes the relevant
3
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transmission and determines that all the required elements of the transmission
have been received in a required format and are machine-readable.
101.6 Direct web page data entry. uee records may be delivered by on-line data entry
using the filing office's website on the internet. Website data entry and payment
procedures are available as provided at http: //corp.delaware.gov. The file time for
a uee record delivered by this method is the time the entry of all required
elements of the uee record in the proper format is acknowledged by the on-line
entry system.
101.6.1 In addition to the on-line data entry method described above,
Authorized uee Filers may communicate to the filing office uee records
consisting of electronic images of one or more completed written
financing statements on forms specified in uee Section 9-521,
accompanied by such on-line data entry as may be required by the filing
office from time to time. The file time for a uee record submitted by this
method is the time when the Authorized uee Filer creates the record in
the uee information management system (even though the uee record
may not yet have been accepted for filing and subsequently may be
rejected by the filing office).
101.7 Means of communication. Regardless of the method of delivery, information
submitted to the uee filing office must be communicated only in the form of
characters that are defined in an acceptable character set. A financing statement or
amendment form that does not designate separate fields for organization and
individual names, and separate fields for the surname, first personal name,
additional name(s)/initial(s) and suffixes fields for individual names is not an
acceptable means of commimication to the filing office.
101.8 Transmitting utility, manufactured-home and public-finance transactions. The
only means to indicate to the filing office that an initial financing statement is
being filed in connection with a manufactured-home or public-finance transaction,
or that a financing statement is being or has been filed against a debtor that is a
transmitting utility, in order to affect the filing office's determination of the lapse
date under rule 306.3 or rule 307, is to so indicate by checking the appropriate
box on a uee1 Financing Statement filed with respect to the financing statement
or by transmitting the requisite information in the proper field in an electronic
filing that is such initial financing statement or is part of such financing statement.
101.9 Delivery of federal liens and records. Any lien or record created in accordance
with Federal law may be delivered to the Secretary of State by any method of
communication authorized by federal law or by arrangement between the
Secretary of State and the United State Government. The recorded filing time is
the earliest time at which the Secretary of State has received the paper record .
..;' d".
4
102 Search request delivery. Dec search requests may be delivered to the filing office by any
of the means by which DeC records may be delivered to the filing office, except by
electronic transmission. Requirements concerning search requests are set forth in rule
501.
102.1 DeC search requests upon a debtor named on an initial financing statement may
be made by an appropriate indication on the face of the initial financing statement
form if the form is entitled to be filed with the standard form fee and the relevant
search fee is also tendered with the initial financing statement.
103 Forms. The forms prescribed by Dec Section 9-521 are accepted by the filing office.
Paper-based forms approved by the International Association of Commercial
Administrators on or prior to January 2,2011 and forms otherwise approved by the filing
office from time to time shall be accepted. A list of forms approved by the filing office
will be made available on request.
103.1 Forms-DeC search. A form that meets the requirements regarding dimensions
and of location of information on the search form approved by the Office of the
Secretary of State.
104 Fees.
104.1 The fee for filing and indexing a Dec document of one to four pages
communicated on paper or in a paper-based format (including faxes) is $100.00.
If there are additional pages, the fee is $2.00 per page. Additionally, there shall be
a fee of $25.00 for each additional name to be indexed when there are more than
two debtor-names on the financing statement. But the fee for filing and indexing a
DeC document communicated by a medium, authorized by these rules, which is
other than on a paper-based format shall be $50.00.
104.2 Additional fees. In addition to fees set forth in rules 104.1, a fee of$20.00 shall be
paid for an initial financing statement that indicates that it is filed in connection
with a Public Finance transaction; a fee of $20.00 shall be paid for an initial
financing statement that indicates that it is filed in connectiori with a
manufactured-home transaction. No additional charges will be assessed in
connection with a Public Finance transaction and Manufactured Home transaction
if processed via the web application.
104.3 DeC search fee. The fee for a DeC search request communicated on a Deel
Financing Statement is $25.00. The filing office has provided a list of authorized
DeC Searchers within the State of Delaware on its website for the public to
contact for all other Dec searches.
104.4 DeC Search - copies. The fee for DeC search copies is $10.00 for the first page
and $2.00 for each additional page per debtor.
5
105 Expedited services.
105.1 Types of Expedited Services: One-Hour Priority One service shall be completed
within one hour of receipt by the filing office shall be assessed an additional fee
of$I,OOO.
Two-Hour Priority Two service shall be completed within a two-hour period from
the time of receipt by the Secretary of State shall be charged an additional fee of
$500.00. Same-Day service shall be completed within the same day and will be
charged an additional fee of $200.00.
Twenty-four service shall be completed within a 24-hour period from the time of
the receipt and will be charged an additional fee of$100.00.
105.2 How to request expedited service.
105.2.1
105.2.2
Acceptance and refusal process. All requests for expedited service
must be in writing and the type of service clearly stated.
Document filing or requests for copies of VCC documents without
payment information will be suspended for rej ection.
Responding to VCC request. Request for filling or search results
done on a two-hour basis will be completed within two hours after
receipt by the filing office. Requests for Same-Day service must
be received in the filing office by 2:00 p.m. Requests for a 24-
hour service will be completed within 24 hours after receipt by the
filing office, excluding weekends and holidays. Document filing
and Search request results done on a Same Day service will be
completed by 5:00 p.m. Eastern Standard Time.
106 Methods of payment. Filing fees and fees for public records services may be paid by the
following methods.
106.1 Cash. Payment in cash shall be accepted if paid in person at the filing office.
106.2 Checks. Personal checks, cashier's checks and money orders made payable to the
Delaware Secretary of State shall be accepted for payment provided that the
drawer (or the issuer in the case of a cashier's check or money order) is deemed
credit-worthy by the filing office in its discretion. Checks may be made payable in
an amount to be filled in by the filing office but not to exceed a particular amount
if the filing office is clearly authorized to fill in the amount.
106.3 Automatic Clearing House (ACH) Payment. The filing .office will electronically
debit checking and savings accounts for payments when the remitter provides
their bank routing and account numbers. .
6
106.4 Prepaid account. A Remitter may open an account for prepayment of filing fees
by submitting a written request, providing a contact name, telephone number, fax
number and address. Fees may be prepaid in any amounts. The filing office shall
issue an account number to be used by a Remitter who chooses to pay filing fees
by this method. The filing officer shall deduct filing fees from the Remitter's
prepaid account when authorized to do so by the Remitter. When submitting a
filing or request for information, the remitter must simply state that the fees be
deducted from their prepaid account and provide the account number to be used.
106.5 Debit andlor Credit cards. The filing office shall accept payment by debit cards
and credit cards issued by approved issuers. The filing office accepts payments
using Visa, Master Card, Discover, and American Express credit cards. Remitters
shall provide the filing officer with the card number, the expiration date of the
card, the security code, and the name and billing address of the card holder.
Payment will not be deemed tendered until the issuer or its agent has confirmed
payment.
107 Overpayment and underpayment policies.
107.1 Overpayment. The filing officer shall credit the remitter's overpayment to their
business account. Upon written requests, a remitter may be issued a refund.
107.2 Underpayment. Upon receipt of a UCC record with an insufficient fee, the filing
officer shall:
107.2.l The document shall be returned to the remitter as provided in Rule
205. The payment will be credited to the remitter's business
account until the filing officer receives full payment. Upon
receiving full payment and the resubmission of the filing, the
document will be filed as of the time and date of receipt of the full
payment.
108 Public records services. Public records services are provided on a non-discriminatory
basis to any member of the public on terms described in these rules. The following
methods are available for obtaining copies ofUCC documents and copies of data from
the UCC Information Management System.
108.l Individually identified documents. Copies of individually identified UCC
documents are available in the following form:
108.1.1 Paper.
108.2 Bulk copies of documents. Bulk copies ofUCC documents are available in the
following form:
7
108.2.1 CD ROM.
108.3 Data from the Information Management System is not available.
109 Fees for public record services. Fees for public record services are established as follows:
A fee of $1 0.00 for the first page is assessed for obtaining copies of UCC documents.
Additional $2.00 per page is charged for each page after the first page per filing.
109.1 Paper copies of individual documents.
109.1.1
109.1.2
Regular delivery method. All requests for copies shall be delivered
to the remitter by the United States Postal Service; unless the
remitter provides an account number for delivery by Express Mail,
Federal Express, UPS, or DHL.
Fax delivery. Fax delivery is not available.
109.2 Bulk copies of documents.
109.2.1 Bulk copies of documents may be obtained by contacting the filing
office for the subscription ofUCC copies in bulk.
109.3 Data from the Information Management System is available only to Delaware
online Registered Agents.
109.4 Third-party on-line services. Third-party on-line users may contract through a
Delaware on-line Registered Agent. The format and information return to thirdparty
on-line users are regulated by the filing office.
110 New practices and technologies. The filing officer is authorized to adopt practices and
procedures to accomplish receipt, processing, maintenance, retrieval and transmission of and
remote access to Revised Article 9 filing data by means of electronic, voice, optical and/or other
technologies, and, without limited the foregoing, to maintain and operate, in addition to or in lieu
of a paper-based system, a non-paper-based Revised Article 9 filing system utilizing any of such
technologies. In developing and utilizing technologies and practices, the filing office shall to the
greatest extent feasible, take into account compatibility and consistency with, and whenever
possibly to uniform with, technologies, practices, policies and regulations adopted in connection
with Article 9 filing systems in other states.
Numbers 111 through 199 are reserved.
8
Section 2. Acceptance and Refusal of Documents
200 Role of filing officer. The duties and responsibilities of the filing officer with respect to
the administration of the DeC are ministerial. In accepting for filing or refusing to file a
Dec record pursuant to these rules, the filing officer does not determine the legal
sufficiency or insufficiency of the DeC record, determine that information in the record
is correct or incorrect, in whole or in part, or create a presumption that information in the
DeC record is correct or incorrect, in whole or in part.
201 Time for filing a continuation statement
201.1 First day permitted. The first day on which a continuation statement may be filed
is the date corresponding to the date upon which the related financing statement
would lapse, six months preceding the month in which such financing statement
would lapse. If there is no such corresponding date, the first date 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 rule 101.
201.2 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 rule 101. Accordingly, the time of the filing of the
continuation statement under rule 101 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.
202 Grounds for refusal. In addition to refusing a record for any reason, or multiple reasons,
as set forth in DeC Section 9-516, a filing office shall refuse to accept a DeC record that
does not provide an address that meets the minimum requirements, as set forth in these
filing-office rules (See Section 100.2).
203 Procedure upon refusal. Except as provided in rule 107, if the filing officer finds grounds
to refuse a DeC record, the filing officer shall credit back payment to the business
account. 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
one business day after the refused Dec record was received by the filing office, by the
same means as the means by which such DeC 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 Dec record and the ground(s) for refusal, shall
be maintained until the first anniversary of the lapse date that applies or would have
9
applied to the related financing statement, assuming that the refused record had been
accepted and filed.
204 Refusal errors. If a secured party of a Remitter demonstrates to the satisfaction of the
filing officer that a uee record that was refused for filing should not have been refused
under rule 202, the filing officer will file the uee record with the filing date and time the
uee record was originally tendered for filing. A Filing Officer Statement record relating
to the relevant initial financing statement will be placed in the uee 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 uee Information Management System.
205 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 uee 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.
Numbers 206 through 299 are reserved.
10
Section 3. vee Information Management System
300 General. The filing officer uses a uee Information Management System to store, index,
and retrieve information relating to financing statements. The uee Information
Management System includes an index of the names of debtors included on financing
statements that are Active Records. The rules in this section describe the uee
Information Management System.
301 Primary data elements. The primary data elements used in the uee Information
Management System are the following:
301.1 Identification numbers.
301.1.1
301.1.2
Each initial financing statement is identified by its filing number.
Identification of the initial financing statement is stamped on
written uee records or otherwise permanently associated with the
record maintained for uee records in the uee Information
Management System. A record is created in the uee Information
Management System for each initial financing statement and all
information comprising such record is maintained in the system.
The record is identified by the same information assigned to the
initial financing statement.
A uee record other than an initial financing statement is identified
by a unique filing number assigned by the filing officer. In the
uee Information Management System, records of all uee
records other than initial financing statements are linked to the
record of their related initial financing statement.
301.2 Type of record. The type ofUee record from which data is transferred is
identified in the uee Information Management System from information
supplied by the Remitter.
301.3 Filing date and filing time. The filing date and filing time of uee records are
stored in the uee Information Management System. Calculation of the lapse date
of an initial financing statement is based upon the filing date.
301.4 Identification of parties. The names and addresses of debtors and secured parties
are transferred from uee records to the uee Information Management System
using one or more data entry or transmittal techniques.
301.5 Page count. The total number of pages in a uee record is maintained in the uee
Information Management System.
11
301.6 Lapse indicator. An indicator is maintained by which the VCC Information
Management System identifies whether or not a financing statement will lapse
and, if it does, when it will lapse. The lapse date is determined as provided in
rules 306.3, 307 and 308.1.
301.7 Indexes of names. The filing office maintains in the VCC Information
Management System a searchable index of organization debtor names, and a
searchable index of individual debtor names. The filing office may also maintain
a searchable index of names of secured parties of record. Such an index need not
be a separate database but may be comprised of records in the VCC Information
Management System identified to be included in such searchable index.
302 Individual debtor names. For purposes of these rules, an "individual debtor name" is any
name provided as a debtor name in a VCC record in a format that identifies the name as
that of a debtor who is an individual, without regard to the nature or character ofthe
name or to the nature or character of the actual debtor.
302.1 Individual name fields. Individual debtor names are stored in fields that include
only the individual debtor names, and not organization debtor names. Separate
data entry fields are established for surnames (last or family names), first personal
names (given), and additional name(s)/initial(s) of individuals. The name ofa
debtor with a single name (e.g., "Cher") is treated as a surname and shall be
entered in the individual surname field. The filing officer assumes no
responsibility for the accurate designation of the components of a name.
302.2 Titles, prefixes and suffixes. Titles, prefixes (e.g., "Ms." or "Mrs.", "Rev" or
"(Reverend)", "Dr." or "(Doctor)" and suffixes or indications of status (e.g.,
"M.D.", "Esq." or "(Esquire)" are not typically part of a debtor's name. Suffixes
used to distinguish between family members with identical names (e.g., "Jr.",
"Sr.", "II', "III") are appropriate and should be provided in the suffix field.
However, when entering a "name" into the VCC Information Management
System, the data will be entered exactly as they appear.
302.3 Extended debtor name field. The financing statement form has limited space for
individual debtor names. If any portion of the individual debtor name is too long
for the corresponding field, the filer is instructed to check the box that indicates
the name was too long and enter the name in item 10 of the Addendum Form
VCC1AD. A filing officer shall not refuse to accept a Financing Statement that
lacks debtor information in item 1 andlor item 2 if the record includes an
Addendum that provides a debtor name in item 10.
302.4 Truncation - individual names. Personal name fields in the VCC Information
Management System are fixed in length. A name that exceeds the fixed length is
truncated at the maximum length of each relevant data entry field. The lengths of
data entry name fields are as follows.
12
302.4.1 Surname: 45 characters.
302.4.2 First personal name: 30 characters.
302.4.3 Additional name(s)/initial(s): 25 characters.
302.4.4 Suffix: 10 characters.
303 Organization debtor names. For purposes of these rules, an "organization debtor name" is
any name provided as a debtor name in a UCC record in a format that identifies the name
as that of a debtor who is an organization, without regard to the nature or character of the
name or to the nature or character of the actual debtor.
303.1 Single field. Organization debtor names are stored in files that include only
organization debtor names and not individual debtor names. A single field is used
to store an organization debtor name.
303.2 Truncation - organization names. The organization debtor name field in the UCC
Information System is fixed in length. The maximum length is 120 characters. A
name that exceeds the fixed length is truncated at the maximum length of the data
entry field.
304 Collateral being administered by a Decedent's Personal Representative. The debtor name
to be provided on a financing statement when the collateral is being administered by a
decedent's personal representative is the name of the relevant decedent. In order for the
UCC Information Management System to function in accordance with the usual
expectations of filers and searchers, the filer should provide the debtor name as an
individual debtor name.
305 Collateral held in a Trust. The Debtor name to be provided when the collateral is held in a
trust that is not a registered organization is the name of the trust as set forth in its organic
record(s), if the trust has such a name or, if the trust is not so named, the name ofthe
trust's settlor. In order for the UCC Information Management System to function in
accordance with the usual expectations of filers and searchers, the name of a trust or of a
settlor that is an organization should be provided as an organization debtor name, and the
name of a settlor who is an individual should be provided as an individual debtor name,
in each case without regard to the nature or character of the debtor.
306 Initial financing statement. Upon the filing of an initial financing statement the status of
the parties and the status of the financing statement shall be as follows.
306.1 Status of secured party. Each secured party named on an initial financing
statement shall be a secured party of record, except that if the UCC record names
13
an assignee, the secured party/assignor shall not be a secured party of record and
the secured party/assignee shall be a secured party of record.
306.2 Status of debtor. Each debtor name provided by the initial financing statement
shall be indexed in the UCC Information Management System so long as the
financing statement is an active record.
306.3 Status of financing statement. The financing statement shall be an active record. A
lapse date shall be calculated, five years from the file date, unless (i) the initial
financing statement indicates as provided in rule 101.8 that it is filed with respect
to a public-financing transaction or a manufactured-home transaction, in which
case the lapse date shall be thirty years from the file date, or (ii) the initial
financing statement indicates as provided in rule 101.8 that it is filed against a
transmitting utility, in which case there shall be no lapse date.
307 Amendments. Upon the filing of an amendment the status of the parties shall be
unchanged, except that in the case of an amendment that adds a debtor or a secured party,
the new debtor or secured party shall be added to appropriate index and associated with
the record of the financing statement in the UCC Information Management System, and
an amendment that designates an assignee shall cause the assignee to be added as a
secured party of record.
308 Continuation statement.
308.1 Continuation of lapse date. Upon the timely filing of one or more continuation
statements by any secured party(ies) ofrecord, the lapse date of the financing
statement shall be postponed for five years. The lapse date is postponed once
notwithstanding the fact that more than one continuation statement is filed within
a given 6-month period prior to a lapse date. Notwithstanding the immediate
postponement of the lapse date with respect to one or more secured parties of
record who file timely a continuation statement within a given 6-month period
prior to a lapse date, such lapse date remains effective solely for purposes of
determining whether or not a subsequent continuation statement filed in the same
6-month period is timely.
308.2 Status'of parties. The filing of a continuation statement shall have no effect upon
the -status of any party to the financing statement or upon the status of the
financing statement.
309 Termination statement. The filing of a termination statement shall have no effect upon the
status of any party to the financing statement or upon the status of the financing
statement.
..I \ 1
14
310 Information statement. The filing of an information statement shall have no effect upon
the status of any party to the financing statement, the status of the financing statement or
to the information maintained in the uee Information Management System.
311 Filing officer statement. A filing officer statement affects the status of parties and of the
relevant financing statement as provided in the corrective action described as having been
taken in the filing officer statement.
312 Procedure upon lapse. If there is no timely filing of a continuation with respect to a
financing statement, the financing statement lapses on its lapse date but no action is then
taken by the filing office.
313 Removal of record. A financing statement must remain as an Active Record until at least
one year after it lapses, or if it is indicated to be filed against a transmitting utility, until at
least one year after it is terminated with respect to all secured parties of record. On or
after the first anniversary of such Lapse or Expiration date, the filing office or the uee
Information Management System may remove the financing statement and all related
uee records from the Searchable Indexes or from the uee Information Management
System and upon such removal, the: removed uee Records shall cease to be Active
Records. uee Records removed from the uee Information Management System shall
be maintained as provided in sub-Section 9-522.
Numbers 314 through 399 are reserved.
15
Section 4. Filing and Data Entry Procedures
400 Errors of the filing office. The filing office may correct data entry and indexing errors in
the uee Information Management System at any time. If a correction is made to a
record of a financing statement after the filing office has issued a search report with a
Thru Date and time (see rule 505.3.4) that is on or after the filing date and time of the
financing statement, the filing office will associate with the record of the financing
statement in the uee Information Management System a Filing Officer Statement on the
date that the corrective action was taken providing the date and an explanation of the
correction.
401 Data entry. Data are entered into the uee Information Management System exactly as
provided in a uee record, without regard to apparent errors. Data provided in electronic
form is transferred to the uee Information Management System exactly as submitted by
the Remitter. Data provided through the electronic paper-filing method by a uee
Authorized uee Filer will be verified against the uee record by the filing office for
accuracy.
402 Verification of data entry. The filing office will verify accuracy of the data from uee
records entered by Authorized uee Filers in accordance with Rules 101.6.1 and 401 into
the uee Information Management System. Data entry performed by Remitters with
respect to electronically filed uee records is the responsibility of the Remitters and is
not verified by the filing office.
403 Master amendments.
403.1 The filing officer may accept for filing a single uee document for the purpose of
amending more than one financing statement, for one or both of the following
purposes: amendment to change secured party name; amendment to change
secured party address. NOT AVAILABLE
403.2 A blanket filing shall consist of a written document describing the request
amendment on a form approved by the filing office, and a machine readable file
furnished by the remitter and created to the filing officer's specifications
containing appropriate indexing information. A copy of blanket filing
specifications is available from the filing officer upon request. Acceptance of a
blanket filing is conditioned upon determination of the filing officer in the filing
officer's sole discretion. NOT AVAILABLE.
404 Notice of bankruptcy. The filing officer shall take no action upon receipt of a notification,
formal or informal, of a bankruptcy proceeding involving a debtor named in the uee
Information Management System.
16
405 Redaction of certain information. The filing officer may be obligated to redact certain
information from the information it provides to searchers and bulk data purchasers in
accordance with applicable privacy and identity theft protection laws. Such information
should not be included in vee records and will be redacted in accordance with such
laws.
406 Where vee records communicated to the filing office under Section 101.6.1 include an
image of a completed form approved pursuant to Section 103 (which image may include
attachments), the filing office accepts for filing, within the contemplation of vee Section
9-516, only the image communicated and not accompanying data entered into the vee
Information Management system by the Remitter. Such accompanying data is subject to
the provisions and procedures of this Section 4.
Numbers 407 through 499 are reserved.
17
Section 5. Search Requests and Reports
500 General requirements. The filing officer maintains for public inspection a searchable
index for all Active Records in the UCC Information Management System. Active
records will be retrievable by the name of the debtor or by the filing number of the
related initial financing statement, and each active record related to an initial financing
statement is retrieved with the initial financing statement using either retrieval method.
501 Search requests - required information. Search requests shall include the following:
501.1 Name searched. A search request must set forth the name ofthe debtor to be
searched using designated fields for organization or individual surname, first
personal name and additional name(s)/initial(s). A search request will be
processed using the data and designated fields exactly as submitted, including the
submission of no data in a given field, without regard to the nature or character of
the debtor that is subject of the search.
501.2 Requesting party. The name and address of the person to whom the search results
is to be sent.
501.3 Fee. The appropriate fee shall be tendered by a method described in rule 106.
501.4 Search logic. The request shall specify if a search methodology other than that
described in rule 503.1 is to be applied in conducting the search. Ifno such
methodology is specified, the one described in rule 503.1 shall be applied.
502 Search requests - optional information. Search requests may include the following:
502.1 Copies. The request may limit the copies ofUCC records that would normally be
provided with a search report by requesting that no copies be provided or that
copies be limited to those DCC records that were filed on a particular date or
within a particular range of dates.
502.2 Scope of search. A search request may ask for a search that reports all active
records retrieved by the search rather than only un-lapsed records retrieved by the
search.
502.3 Mode of delivery. A search request may specify a mode of delivery for search
results and that request will be honored if the requested mode is made available
by the filing office, and all requisite fees are tendered.
502.4 Search request with filing. If a filer requests a search at the time an Initial
financing statement is filed by checking the appropriate box or populating the
18
appropriate field in or on the Initial financing statement at the time it is tendered
for filing, the search request shall be deemed to request a search to be conducted
as soon as practicable such that it would include all Dee records filed, against the
debtor name(s) provided on the initial financing statement, on or prior to the date
the Initial financing statement is filed.
503 Search methodology. Search results are produced by the application of search logic to the
name presented to the filing officer. Human judgment does not playa role in determining
the results of the search.
503.1 Standard search logic. The following rules describe the filing office's standard
search logic and apply to all searches except for those where the search request
specifies that non-standard search logic be used:
503.1.1
503.1.2
503.1.3
503.1.4
503.1.5
503.1.6
503.1.7
503.1.8
There is no limit to the number of matches that may be returned in
response to the search criteria.
No distinction is made between upper and lower case letters.
The character "&" (the ampersand) is deleted and replaced with the
, . I characters and 'Jll'each place it appears in the name.
Punctuation marks and accents are disregarded. For the purpose of
this rule, punctuation and accents include all characters other than
the numerals 0 through 9 and the letters A through Z (in any case)
of the English alphabet.
The following words and abbreviations at the end of an
organization name that indicate the existence or nature of the
organization are "disregarded" to the extent practicable as
determined by the filing office's programming of its Dee
Information Management System (e.g., company, limited,
incorporated, corporation, limited partnership, limited liability
company or abbreviations of the foregoing). Also disregarded are
words within a name as set forth on the "Noise Words" list.
The word "the" at the beginning of an organization debtor name is
disregarded.
All spaces are disregarded.
For first personal name and additional name(s)/initial(s) of
individual debtor names, initials are treated as the logical
equivalent of all names that begin with such initials, and first
personal name and no additional name(s)/initial(s) is equated with
19
503.1.9
503.1.10
all additional name(s)linitial(s). For example, a search request for
"John A. Smith" would cause the search to retrieve all filings
against all individual debtors with "John" or the initial "J" as the
first personal name, "smith" as the surname, and with the initial
"A" or any name beginning with "A" in the additional
name(s)/initial(s) field), the search would retrieve all filings
against individual debtors with "John" or the initial "J" as the first
personal name, "Smith" as the surname and with any name or
initial or no name or initial in the additional name(s)linitial(s) field.
If the name being searched is the surname of an individual debtor
name without any first personal name or additional
name(s)/initial(s) provided, the search will retrieve from the UCC
Information Management System all financing statements with
individual debtor names that consist of only the surname.
After using the preceding rules to modify the name being searched,
the search will retrieve from the UCC Information Management
System all Unlapsed records, or, if requested by the searcher, all
Active Records, that pertain to financing statements with debtor
names that, after being modified as provided in this rule 503,
exactly match the modified name being searched.
503.2 Non-standard search logic. Delaware does not apply the non-standard search
logic as an option in performing a search request.
504 Changes in standard search logic. Ifthe filing office changes its standard search logic or
the implementation of its standard search logic in a manner that could alter search results,
the filing office will provide public notice of such change.
505 Search responses. Responses to a search 'request shall include the following:
505.1 Copies. Copies of all UCC records retrieved by the search unless only limited
copies are requested by the searcher. Copies will reflect any reda<;tion of personal
identifying information required by law.
505.2 Introductory information. A filing officer shall include the following information
with a UCC search response: .
505.2.1
505.2.2
Filing office 'identification. Identification of the filing office
responsible for the search response.
Unique search report identification number. Unique number which
identifies the search report.
. . 20
505.2.3
505.2.4
505.2.5
505.2.6
505.2.7
505.2.8
505.2.9
505.2.10
505.2.11
505.2.12
Report date and time. The date and time the report was generated.
Through date and time. The date and time at or prior to which a
UCC record must have been filed with the filing office in order for
it to be reflected on the search.
Certification language.
Scope of search. ActivelUnlapsed
Search logic used.
Search logic disclaimer language.
Name provided. Name as provided by the searcher.
Search string. Normalized name as provided by rule 503.
Lien type searched. UCC or other type of documents searched.
Copies.
505.3 Report. The search report shall contain the following.
505.3.1
505.3.2
505.3.3
Identification. Identification of the filing office responsible for the
search report.
Search report identification number. Unique number assigned
under rule 505.2.2.
Identification of financing statement. Identification of each initial
financing statement, including a listing of all related amendments,
the through date corresponding to the search criteria (including
whether the searcher has requested Active Records or only
Unlapsed Records). Financing statement information shall include,
but is not limited to the following:
505.3.3.1
505.3.3.2
505.3.3.3
Initial financing statement filing number. The initial
financing statement filing number.
Initial financing statement filing date and time. The
date and time it was filed.
Lapse date. Provide lapse date.
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505.3.3.4
505.3.3.5
505.3.3.6
505.3.3.7
505.3.3.8
505.3.3.9
505.3.3.10
505.3.3.12
Numbers 506 through 599 are reserved.
Debtor name. The debtor name(s) that appear(s) of
record.
Debtor address. The debtor addressees) that
appear( s) of record.
Secured party name. The secured party name(s) that
appear(s) of record.
Secured party address. The secured party
addressees) that appear(s) of record.
Amendment type. An indication of type of each
amendment, if any.
Amendment filing date and time. The date and time
each amendment, if any, was filed.
Amendment filing number. The amendment filing
number of each amendment, if any.
Filing officer statement filing date and time. The
date and time a filing officer statement, if any, was
filed.
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Section 6. Other Notices of Liens
600 Policy. The purpose of rules in this section is to describe records of liens maintained by
the filing office created pursuant to statutes other than the UCC that are treated by the
filing officer in a manner substantially similar to UCC documents and are included on
request with the reports described in rules 504 and 505.
601 Notice of federal tax lien on "corporate" names only.
601 .1 Filing.
601.1.1
601.1.2
601.1.3
Where to file. The filing office is the Secretary of State, Division
of Corporations.
Fees. The fee for indexing and filing a federal tax lien is not less
than one hundred dollars ($100).
Duration. A federal tax lien is effective for ten (10) years and thirty
(30) days as specified in the "Date of Assessment" and "Last day
ofRefiling" of the "Notice of Federal Tax Lien" record.
601.2 Mechanics of search.
601.2.1
601.2.2
Fee for search. A search request of a debtor name of a federal tax
lien is twenty-five dollars ($25) and obtainable through a Delaware
Authorized Searcher.
Search is available with a UCC search. Search is also available for
federal tax lien exclusively.
602 Notice of state tax lien.
602.1 Secretary of State's office does not accept notices of state tax liens.
603 Notice of other lien in favor of a governmental body.
603.1 Notice of Racketeering Lien.
603.1.1
603 .1.2
Where to file. The filing office is the office of the Secretary of
State, Division of Corporations.
There is no filing fee for indexing and recording a notice of a
racketeering lien.
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603.2 Duration. The term of a racketeering lien notice shall be for a period of 6 years
from the date of filing, unless a renewal lien notice has been filed; and, in such
case, the term of the renewal lien notice shall be for a period of 6 years from the
date of its filing. The state shall be entitled to only 1 renewal of a specific
racketeering lien notice.
604 Agricultural liens.
604.1 Mechanics of filing. Agricultural liens are filed in the same manner as an initial
financing statement and may use all forms and formats of communication
permitted to be used in connection with initial financing statements. Each
communication of a record of an agricultural lien must identify itself as such.
They are indexed by debtor name and will be revealed by searches under rule 505.
604.1.1
604.1.2
604.1.3
Where to file. Agricultural liens are filed with the Secretary of
State, Division of Corporations.
Fee. A $100 filing fee is assessed when a record is received at the
filing office.
Duration. The duration is for a period of five years unless a
continuation notice is filed under rule 308.
604.2 Mechanics of search.
604.2.1
604.2.2
Search. A search is available through a Delaware Authorized
Searcher.
A search is available with a UCCI filing for an additional $25.
Numbers 605 through 699 are reserved.
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