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Filing Requirements

UCC Central Filing Office Administrative Rules

OKLAHOMA UNIFORM COMMERCIAL CODE (U.C.C)

CENTRAL FILING OFFICE

In the Office of

Oklahoma County Clerk, Carolynn Caudill

320 Robert S. Kerr, Room 107

Oklahoma City, Oklahoma 73102

Office Hours: 8:00 AM - 5:00 PM

(Monday through Friday, except holidays)

(405) 713-1522 (General Information)

(405) 713-1810 (Fax)

uccoffice@oklahomacounty.org (E-mail Address)

Section 1 – General Provisions

Section 2 – Acceptance and Refusal of Documents

Section 3 – UCC Information Management System

Section 4 – Filing and Data Entry Procedures

Section 5 – Search Requests and Reports

Section 6 – Other Notices of Liens

Section 7 – Rule Making Procedure

Section 8 - Supplement to Oklahoma UCC Central Filing Office (as defined in 101.14(2)) Rules for Transitional UCC Filing Requirements

Section 1 – General Provisions

100 Policy statement
101 Definitions
101.1 "Amendment"
101.2 "Assignee"
101.3 "Assignment"
101.4 "Chattel paper"
101.5 "Consumer goods"
101.6 "Continuation statement"
101.7 "Correction statement"
101.8 "Debtor"
101.9 "Effective financing statement (EFS)"
101.10 "Electronic chattel paper"
101.11 "Equipment"
101.12 "Farm products"
101.13 "File number"
101.14 "Filing Office" and "filing officer"
101.15 "Financing statement"
101.16 "Fixture filing"
101.17 "Fixtures"
101.18 "General intangible"
101.19 "Good faith"
101.20 "Goods"
101.21 "Individual"
101.22 "Initial financing statement"
101.23 "Instrument"
101.24 "Inventory"
101.25 "Lapsed filing"
101.26 "Organization"
101.27 "Perfection"
101.28 "Remitter"
101.29 "Secured party of record"
101.30 "Security agreement"
101.31 "Subordination"
101.32 "Termination"
101.33 "UCC"
101.34 "UCC document"
102 Singular and plural forms
103 Place to file
104 Filing Office identification
104.1 Electronic Mail
105 Office hours
106 UCC document delivery
106.1 Personal delivery, at the Filing Office’s street address
106.2 Courier delivery, at the Filing Office’s street address
106.3 Postal service delivery, to the Filing Office’s mailing address
106.4 Electronic filing
107 Search request delivery
108 Approved forms
108.1 Statutory forms
108.2 IACA forms approved
108.3 Oklahoma UCC Central Filing Office-approved forms
108.4 Electronic filings
109 Form – UCC search
110 Filing fees
110.1 Filing fee
110.2 UCC search fee
110.3 UCC search – copies
111 Methods of payment
111.1 Cash
111.2 Checks
111.3 Electronic funds transfer
111.4 Debit cards
111.5 Credit card
112 Overpayment and underpayment policies
112.1 Overpayment
112.2 Underpayment
113 Public records services
113.1 Individually identified documents
113.2 Bulk copies of documents
113.3 Data from the information management system
113.4 Oklahoma UCC Central Filing Office Online Data
114 Fees for public records services
114.1 Paper copies of individual documents
114.2 Bulk data deliver of images on CD-ROM
114.3 Data from the information management system-Microfilm
114.4 Data from the information management system-CD-ROM
115 New practices and technologies

Section 2 – Acceptance and Refusal of Documents

200 Policy statement
201 Duty to file
202 Grounds for refusal of UCC document
202.1 Debtor name and address
202.2 Additional debtor identification
202.3 Secured party name and address
202.4 Lack of identification of initial financing statement
202.5 Identifying information
202.6 Timeliness of continuation
202.7 Fee
202.8 Means of communication
202.9 EDI refusal
203 Grounds not warranting refusal
203.1 Errors
203.2 Incorrect names
203.3 Extraneous information
203.4 Insufficient information
203.5 Collateral description
203.6 Excessive fee
204 Time limit
205 Procedure upon refusal
206 Acknowledgment
207 Other Notices
208 Refusal errors

Section 3 – UCC Information Management System

300 Policy statement
301 Primary data elements
301.1 Identification numbers
301.2 Type of document
301.3 Filing date and filing time
301.4 Identification of parties
301.5 Status of financing statement
301.6 Page count
301.7 Lapse indicator
302 Names of debtors who are individuals
302.1 Individual name fields
302.2 Titles and prefixes before names
302.3 Titles and suffixes after names
302.4 Truncation – individual names
303 Names of debtors that are organizations
303.1 Single field
303.2 Truncation – organization names
304 Estates
305 Trusts306 Initial financing statement
306.1 Status of secured party
306.2 Status of debtor
306.3 Status of financing statement
307 Amendment
307.1 Status of secured party and debtor
307.1.1 Collateral amendment or address change
307.1.2 Debtor name change
307.1.3 Secured party name change
307.1.4 Addition of a debtor
307.1.5 Addition of a secured party
307.1.6 Deletion of a debtor
307.1.7 Deletion of a secured party
307.2 Status of financing statement
308 Assignment of powers of secured party of record
308.1 Status of the parties
308.2 Status of financing statement
309 Continuation
309.1 Continuation of lapse date
309.2 Status of parties
309.3 Status of financing statement
310 Termination
310.1 Status of parties
310.2 Status of financing statement
311 Correction statement
311.1 Status of parties
311.2 Status of financing statement
312 Procedure upon lapse
XML Documents
EDI Documents
370 Definitions
371 Electronic Filing System authorized
372 The electronic transmission of UCC documents
373 UCC Electronic Filing System Guide
374 Collateral descriptions
375 Document types
376 Identification of Remitter / Secured party
377 Refusal of UCC Electronic Filing System document
378 Acceptance and archives

Section 4 – Filing and Data Entry Procedures

400 Policy statement
401 Document indexing and other procedures before archiving
401.1 Receipt of document
401.2 Date and time stamp
401.3 Cash management
401.4 Document review
401.4.1 File stamp
401.4.2 Correspondence
401.5 Data entry
402 Filing date
403 Filing time
404 Lapse date and time
405 Errors of the filing officer
406 Errors other than Filing Office errors
407 Data entry of names – designated fields
407.1 Organization names
407.2 Individual names
407.3 Designated fields encouraged
408 Data entry of names – no designated fields
408.1 Identification of organizations
408.2 Identification of individuals
408.3 Individual and organization names on a single line
408.4 Individual names
408.4.1 Freestanding initials
408.4.2 Combined initials and names
408.4.3 Multiple individual names on a single line
408.4.4 One word names
408.4.5 Nicknames
409 Verification of data entry
410 Initial financing statement
411 Amendment
412 Correction statement
413 Global filings
414 Archives – general
414.1 Paper UCC documents
414.1.1 Storage
414.1.2 Retention
414.2 Reductions
414.2.1 Storage
414.2.2 Retention
414.3 Databases
415 Archives - data retention
416 Archival Searches
417 Notice of bankruptcy

Section 5 – Search Requests and Reports

500 General requirements
501 Search requests
501.1 Name searched
501.2 Requesting party
501.3 Fee
501.4 Search request with filing
502 Optional information
503 Rules applied to search requests
504 Search responses
504.1 Filing officer
504.2 Report date
504.3 Name searched
504.4 Certification date
504.5 Identification of initial financing statements
504.6 History of financing statement
504.7 Copies

Section 6 – Other Notices of Liens

600 Policy statement
601 Notice of federal tax lien
601.1 Filing
601.1.1 Where to file
601.1.2 Fee
601.1.3 Duration
601.2 Mechanics of search
601.2.1 Fee for search
601.2.2 Search available with UCC search
602 Agricultural liens
602.1 Mechanics of filing
602.1.1 Where to file
602.1.2 Fee
602.1.3 Duration
602.2 Mechanics of search
602.2.1 Fee for search
602.2.2 Search available with UCC search

Section 7 – Rule Making Procedure

700 Policy statement
701 Public inspection
702 Procedure for adoption of rules
705 Petition for adoption of rules
706 What constitutes delivery
707 Authority to adopt rules
708 Implementation

Section 8 – Supplement to Oklahoma UCC Central Filing Office Rules for Transitional UCC Filing Requirements

Section 1 – General Provisions

100 Policy statement. The administration of the Oklahoma Uniform Commercial Code ("UCC"), Title 12A Oklahoma Statutes § 1-9-101 et seq., has an important impact on the economy and upon the rights of the public, in this state and in the United States . The volume of international, interstate and multistate transactions pursuant to the UCC requires that the administration of the UCC be conducted in a manner that promotes both local and multi-jurisdictional commerce by striving for uniformity in policies and procedures among the various states.

As provided in § 9-526 of the UCC and in Section 1-9-526 of Title 12A in the Oklahoma Statutes, the interpretation and implementation of the Filing Office's, as defined in 101.14 (2), duties and responsibilities shall be expressed in a written set of administrative rules, which have an adoption date of January 1, 2001 but an effective date of July 1, 2001. These rules shall be construed in light of the following purposes:

To simplify and improve the administration of the UCC by promoting uniform UCC filing procedures in this state and in the nation;

To simplify the public's ability to discover and understand the UCC filing procedures of the various states by establishing a uniform framework for describing the procedures;

To increase public access to information;

To increase public participation in the formulation of administrative policy and procedures; and

To increase public accountability of the filing officer.

101 Definitions. The following terms shall have the respective meanings provided in this rule. Terms not defined in this rule which are defined in the UCC shall have the respective meanings accorded such terms in the UCC, except as the context otherwise clearly requires.

101.1 "Amendment" means a UCC document that purports to amend the information contained in a financing statement. Amendments include assignments, continuations and terminations.

101.2 "Assignee" the person to whom an assignment is made. They then are considered the secured party.

101.3 "Assignment" is an amendment that purports to reflect an assignment of all or a part of a secured party’s power to authorize an amendment to a financing statement.

101.4 "Chattel paper" means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods, or a lease of specific goods and license of software used in the goods. In this paragraph, "monetary obligation" means a monetary obligation secured by the goods or owed under a lease of goods and includes a monetary obligation with respect to software used in the goods. The term does not include charters or other contracts involving the use or hire of a vessel. If a transaction is evidenced by records that include an instrument or series of instruments, the group of records taken together constitutes chattel paper.

101.5 "Consumer goods" means goods that are used or bought for use primarily for personal, family, or household purposes.

101.6 "Continuation statement" means an amendment of a financing statement which identifies, by its file number, the initial financing statement to which it relates and indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement.

101.7 "Correction statement" means a UCC document that purports to indicate that a financing statement is inaccurate or wrongfully filed.

101.8 "Debtor" is a person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor; a seller of accounts, chattel paper, payment intangibles, or promissory notes; or a consignee.

101.9 "Effective financing statement (EFS)" is a central filing system for agricultural commodity liens, under provisions of the financing statement filed in the Food Security Act of 1985 and Title 12A Oklahoma Statutes § 1-9-320.1 et seq. These filings are filed with the Secretary of State’s Office for the State of Oklahoma .

101.10 "Electronic chattel paper" means chattel paper evidenced by a record or records consisting of information stored in an electronic medium.

101.11 "Equipment" means goods other than inventory, farm products, or consumer goods.

101.12 "Farm products" means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are: crops grown, growing, or to be grown, including crops produced on trees, vines and bushes, an aquatic goods produced in aquacultural operations; livestock, born or unborn, including aquatic goods produced in aquacultural operations; supplies used or produced in a farming operation; or products of crops or livestock in their unmanufactured states.

101.13 "File number" means the unique identifying information assigned to an initial financing statement by the filing officer for the purpose of identifying the financing statement and UCC documents relating to the financing statement in the filing officer's information management system. For a financing statement with an initial financing statement filed on or prior to June 30, 2001, the file number includes the date of filing and the 7-digit number assigned to the financing statement by the Filing Officer. For a financing statement with an initial financing statement filed on or after June 30, 2001, the file number includes three segments; the year of filing expressed as a 2-digit number, followed by a unique 7-digit number assigned to the financing statement by the Filing Office, as defined in 101.14(2), and ending with a 2-digit verification number assigned by the Filing Office but mathematical derived from the numbers in the first two segments. The filing number bears no relation to the time of filing and is not an indicator of priority.

101.14 "Filing Office" and "filing officer" unless otherwise specified means if the local law of this state governs perfection of a financing statement to perfect the security interest or agricultural lien is: (1) the office designated for the filing or recording of a record of a mortgage on the related real property, if: the collateral is as-extracted collateral or timber to be cut; or the financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or (2) the office of the county clerk of Oklahoma County, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing. The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the Secretary of State pursuant to Sections 17 and 18 of Title 46 of the Oklahoma Statutes. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures. The office in which to file an effective financing statement, per 101.9 of these rules, is the Secretary of State’s Office for the State of Oklahoma .

101.15 "Financing statement" means a record or records composed of an initial financing statement and any filed record(s) relating to the initial financing statement.

101.16 "Fixture filing" means the filing of a financing statement covering goods that are or are to become fixtures and satisfying subsections (a) and (b) of Section 1-9-502 of Title 12 of the Oklahoma Statutes. The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures.

101. 17 "Fixtures" means goods that have become so related to particular real property that an interest in them arises under real property law.

101.18 "General intangible" means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. The term includes payment intangibles and software.

101.19 "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.

101.20 "Goods" means all things that are movable when a security interest attaches. The term includes: fixtures; standing timber that is to be cut and removed under a conveyance or contract for sale; the unborn young of animals; crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes; and manufactured homes.

101.21 "Individual" means a human being, or a decedent in the case of a debtor that is such decedent's estate.

101.22 "Initial financing statement" means a UCC document that does not identify itself as an amendment or identify an initial financing statement to which it relates, as required by Title 12A §§ 1-9-512, 1-9-514, 1-9-518 of the Oklahoma Statutes.

101.23 "Instrument" means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary endorsement or assignment. The term does not include: investment property; letters of credit; or writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.

101.24 "Inventory" means goods, other than farm products, which: are leased by a person as lessor; are held by a person for sale or lease or to be furnished under a contract of service; are furnished by a person under a contract of service; or consist of raw materials, work in process, or materials used or consumed in a business.

101.25 "Lapsed filing" means a previously filed financing statement has exceeded a period of five years and this date has been allowed to pass without filing a continuation statement, the filing is said to have "lapsed." This perfection however will not be retroactive. Priority will date from the date the new financing statement is filed.

101.26 "Organization" means a legal person who is not an individual under rule 101.21.

101.27 "Perfection" means creation of a security interest in collateral which is valid against third persons without actual notice of the security interest, such as other creditors of the debtor, purchasers if no power of sale is given debtor, the trustee in bankruptcy, etc. The filing of a financing statement in the public records is the usual method of perfection.

101.28 "Remitter" means a person who tenders a UCC document to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the document for filing. "Remitter" does not include a person responsible merely for the delivery of the document to the Filing Office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process.

101.29 "Secured party of record" means, with respect to a financing statement, a person whose name is provided as the name of a secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under Title 12A Oklahoma Statutes § 1-9-514(a), the assignee named in the initial financing statement is the secured party of record with respect to the financing statement. If an amendment of a financing statement which provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under Title 12A Oklahoma Statutes § 1-9-514(b), the assignee named in the amendment is a secured party of record. A person remains a secured party of record until the filing of an amendment of the financing statement which deletes the person.

101.30 "Security agreement" means an agreement that creates or provides for a security interest.

101.31 "Subordination" means the act or process by which a person’s rights or claims are ranked below those of others.

101.32 "Termination" means an amendment intended to indicate that the related financing statement has ceased to be effective with respect to the secured party authorizing the termination.

101.33 "UCC" means the Uniform Commercial Code as adopted in this state and in effect from time to time and codified at Title 12A Oklahoma Statutes § 1-9-101 et seq.

101.34 "UCC document" means an initial financing statement, an amendment, an assignment, a continuation, a termination or a correction statement. The word "document" in the term "UCC document" shall not be deemed to refer exclusively to paper or paper-based writings; it being understood that UCC documents may be expressed or transmitted electronically or through media other than such writings. (Note: this definition is used for the purpose of these rules only. The use of the term "UCC document" in these rules has no relation to the definition of the term "document" in Title 12A Oklahoma Statutes § 1-9-102(a)(30)).

102 Singular and plural forms. Singular nouns shall include the plural form, and plural nouns shall include the singular form, unless the context otherwise requires.

103 Place to file. The Filing Office, as defined in 101.14(2), is the office for filing UCC documents relating to all types of collateral except for timber to be cut, as-extracted collateral (Title 12A Oklahoma Statutes § 1-9-102(a)(6)) and, when the relevant financing statement is filed as a fixture filing, goods which are or are to become fixtures.

104 Filing Office identification. In addition to the promulgation of these rules, the Filing Office, as defined in 101.14(2), will disseminate information of its location, mailing address, telephone and fax numbers, and its internet and other electronic "addresses" through usual and customary means.

104.1 Electronic Mail. Electronic mail cannot be used for filing UCC documents or for requesting searches of the records of financing statements.

105 Office hours. Although the Filing Office, as defined in 101.14(2), maintains regular office hours, it receives transmissions electronically 24 hours per day, 365 days per year, except for scheduled maintenance and unscheduled interruptions of service. Electronic communications may be retrieved and processed periodically (but no less often than once each day the Filing Office is open for business) on a batch basis.

106 UCC document delivery. UCC documents may be tendered for filing at the Filing Office, as defined in 101.14(2), as follows.

106.1 Personal delivery, at the Filing Office’s street address. The file time for a UCC document delivered by this method is when delivery of the UCC document is accepted by the Filing Office, as defined in 101.14(2), (even though the UCC document may not yet have been accepted for filing and subsequently may be rejected).

106.2 Courier delivery, at the Filing Office’s street address. The file time for a UCC document delivered by this method is, notwithstanding the time of delivery, at the earlier of the time the UCC document is first examined by a Filing Officer for processing (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected), or the next close of business following the time of delivery. A UCC document delivered after regular business hours or on a day the Filing Office, as defined in 101.14(2), is not open for business will have a filing time of the close of business on the next day the Filing Office is open for business.

106.3 Postal service delivery, to the Filing Office’s mailing address. The file time for a UCC document delivered by this method is the next close of business following the time of delivery (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected). A UCC document delivered after regular business hours or on a day the Filing Office, as defined in 101.14(2), is not open for business will have a filing time of the close of business on the next day the Filing Office is open for business. For the purposes of Section 106, Express, Priority or similar expedited delivery shall be treated as courier delivery, Section 106.2)

106.4 Electronic filing. UCC documents may also be transmitted electronically through on-line entry as described in rules 370 et seq. The file time for a UCC document delivered by this method is the time that the Filing Office's EDI system analyzes the relevant transmission and determines that all the required elements of the transmission have been received in a required format and are machine-readable.

UCC documents may be transmitted electronically using the XML standard approved by the International Association of Corporation Administrators as described in rules 340 et seq. or using the ANSI X12 154 transmission standard as described in rules 350 et seq. The XML standard and ANSI X12 154 standard are not currently available for electronic filing at the time of the promulgation of these rules.

107 Search request delivery. UCC search requests may be delivered to the Filing Office, as defined in 101.14(2), by any of the means by which UCC documents may be delivered to the Filing Office. Requirements concerning search requests are set forth in rule 501. UCC 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.

108 Approved forms. Forms for UCC documents that conform to the requirements of this rule will be acceptable by the Filing Office, as defined in 101.14(2). Other forms will not be accepted by the Filing Office.

108.1 Statutory forms. The forms set forth in Title 12A Oklahoma Statutes § 1-9-521 qualify for filing with the standard form fee.

108.2 IACA forms approved. A form approved for the relevant UCC document by the International Association of Corporation Administrators on or prior to July 1, 2001 qualifies for filing with the standard form fee.

108.3 Oklahoma UCC Central Filing Office-approved forms. A form for the relevant UCC document approved by the Filing Office qualifies for filing with the standard form fee (such form(s) are available in the Oklahoma UCC Central Filing Office and at: http://www.oklahomacounty. org/countyclerk/ ). Copies of all such forms then approved shall be distributed with these rules when they are distributed by the Filing Office. Also, the Filing Office shall cause copies of such forms to be made available to prospective filers and remitters upon request.

108.4 Electronic filings. A UCC document transmitted electronically pursuant to the International Association of Corporation Administrator’s on-line data entry procedures set forth in rules 370 et seq. will be acceptable.

A UCC document transmitted electronically pursuant to the International Association of Corporation Administrator’s XML standard and the procedures set forth in rules 340 et seq. pursuant to the ANSI X12 154 standard and the procedures set forth in rules 350 et seq. will be acceptable. The XML standard and ANSI X12 154 standard are not currently available for electronic filing at the time of the promulgation of these rules.

109 Form – UCC search. A form that meets the requirements regarding dimensions and location of information on the search form approved by the Filing Office, as defined in 101.14(2), or that is transmitted electronically in accordance with rules 370 et seq. will be acceptable.

110 Filing fees for filing with the Filing Office defined in 101.14(2):

110.1 Filing fee. The fee for filing and indexing a UCC document of one (1) to five (5) pages communicated in writing and delivered to the Filing Office is Ten Dollars ($10), regardless of the number of names to be indexed. If there are additional pages, the fee is One Dollar ($1) per page. The fee for filing and indexing a UCC document communicated by a medium other than a writing authorized by these rules shall be Ten Dollars ($10), regardless of the number of names to be indexed.

110.2 UCC search fee. The fee for a UCC search request communicated in writing and delivered to the Filing Office is Ten Dollars ($10) per debtor or per name searched. The fee for filing and indexing a UCC search request communicated by a medium authorized by these rules which is other than on paper or in a paper-based format shall be Ten Dollars ($10).

110.3 UCC search – copies. The fee for UCC search copies is One Dollar ($1) per page (or page equivalent for electronically transmitted search responses).

111 Methods of payment. Filing fees and fees for public records services due the Filing Office, as defined in 101.14(2), may be paid by the following methods.

111.1 Cash. The Filing Officer discourages cash payment unless made in person to the cashier at the Filing Office.

111.2 Checks. Checks made payable to the Filing Office, including checks in an amount to be filled in by a Filing Officer but not to exceed a particular amount, will be accepted for payment if they are cashier's checks or certified checks.

111.3 Electronic funds transfer. The Filing Office will accept payment via electronic funds transfer under National Automated Clearing House Association ("NACHA") rules from remitters who have entered into appropriate NACHA-approved arrangements for such transfers and who authorize the relevant transfer pursuant to such arrangements and rules.

111.4 Debit cards. The Filing Office may accept payment by debit cards issued by approved debit card issuers on a list available from the Filing Office. Remitters shall provide the Filing Officer with the card number, the expiration date of the card, the name of the approved card issuer, the name of the person or entity to whom the card was issued and the billing address for the card. Payment will not be deemed tendered until the issuer or its agent has confirmed to the Filing Office that payment will be forthcoming.

111.5 Credit card. The Filing Office may accept payments using credit cards issued by approved credit card issuers on a list available from the Filing Office. Remitters shall provide the filing officer with the card number, the expiration date of the card, the name of the approved card issuer, the name of the person or entity to whom the card was issued and the billing address for the card. Payment will not be deemed tendered until the issuer or its agent has confirmed to the Filing Office that payment will be forthcoming.

112 Overpayment and underpayment policies of the Filing Office as defined in 101.14(2).

112.1 Overpayment. The filing officer shall refund the amount of an overpayment exceeding Two Dollars ($2), in whole dollar increments, to the remitter by written request only. Written request must include the check number and date associated with the overpayment, and such written request must be received by the Filing Office within 30 days of the overpayment.

112.2 Underpayment. Upon receipt of a document with an insufficient fee, the filing officer shall return the document to the remitter along with any payment received, as provided in rule 205.

113 Public records services of the Filing Office as defined in 101.14(2). Public records services are provided on a non-discriminatory basis to any member of the public on the terms described in these rules. The following methods are available for obtaining copies of UCC documents and copies of data from the UCC information management system.

113.1 Individually identified documents. Copies of individually identified UCC documents are available in the following form(s).

- Paper copies of the original document.

113.2 Bulk copies of documents. Bulk copies of UCC documents are available in the following forms.

- Microfilm

- CD-ROM

113.3 Data from the information management system. A list of available data elements from the UCC information management system, and the file layout of the data elements, is available from the filing officer upon request. Data from the information management system is available as follows.

113.3.1 Full extract. A bulk data extract of information from the UCC information management system is available CD-ROM.

113.3.2 Update extracts. Updates of information from the UCC information management system are available on a weekly basis.

113.3.3 Format. Extracts from the UCC information management system are available in the following formats:

Floppy discs.
CD-ROM.

113.4 Filing Office data is available online at http://www.oklahomacounty.org/countyclerk/

114 Fees for public records services of Filing Office as defined in 101.14(2). Fees for public records services are established as follows.

114.1 Paper copies of individual documents are One Dollar ($1) per page.

114.1.1 Regular delivery method: One Dollar ($1) per page.

114.1.2 Fax delivery: One Dollar ($1) per page – limit of fifty (50) pages.

114.1.3 Certification of copies One Dollar ($1) per page.

114.2 Bulk data delivery of images on CD-ROM:

114.2.1 Four Cents ($0.04) per page for images of records.

114.3 Data from the information management system – Microfilm is available for documents filed prior to 9/15/98.

114.3.1 Fifty Dollars ($50) per roll.

114.4 Data from the information management system – CD-ROM is available for documents filed subsequent to 9/15/98.

114.4.1 Full extract. Five Hundred Dollars ($500) for the initial database history.

114.4.2 Update extracts. Fifty Dollars ($50) for weekly updates to the database.

114.4.3 Format. ASCII, comma delimitated.

115 New practices and technologies. The Filing Office, as defined in 101.14(2), is authorized to adopt practices and procedures to accomplish receipt, processing, maintenance, retrieval and transmission of, and remote access to, UCC Article 9 filing data by means of electronic, voice, optical and/or other technologies, and, without limiting the foregoing, to maintain and operate, in addition to or in lieu of a paper-based system, a non-paper-based UCC Article 9 filing system utilizing any of such technologies. In developing and utilizing technologies and practices, the Filing Officer shall, to the greatest extent feasible, take into account compatibility and consistency with, and whenever possible be uniform with, technologies, practices, policies and regulations adopted in connection with UCC Article 9 filing systems in other states.

Numbers 116 through 199 are reserved.

Section 2 – Acceptance and Refusal of Documents

200 Policy statement. The duties and responsibilities of the Filing Office, as defined in 101.14(2), with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a UCC document pursuant to these rules, the filing officer does none of the following:

200.1 Determine the legal sufficiency or insufficiency of a document.

200.2 Determine that a security interest in collateral exists or does not exist.

200.3 Determine that information in the document is correct or incorrect, in whole or in part.

200.4 Create a presumption that information in the document is correct or incorrect, in whole or in part.

201 Duty to file. Provided that there is no ground to refuse acceptance of the document under rule 202, a UCC document is filed upon its receipt by the Filing Office, as defined in 101.14(2), with the filing fee and the filing officer shall promptly assign a file number to the UCC document and index it in the information management system.

202 Grounds for refusal of UCC document. The following grounds are the sole grounds for the Filing Office, as defined in 101.14(2), to refuse to accept a UCC document for filing. As used herein, the term "legible" requires a machine-readable transmission for electronic transmissions and an otherwise readily decipherable transmission in other cases.

202.1 Debtor name and address. An initial financing statement or an amendment that purports to add a debtor shall be refused if the document fails to include a legible debtor name and addre�