18 N.C. Admin. Code 5B.0201

Current through Register Vol. 39, No. 9, November 1, 2024

Section 05B .0201 - ROLE OF FILING OFFICER

The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a UCC record pursuant to the rules in this Subchapter, the filing officer shall do none of the following:

(1) Determine the legal sufficiency or insufficiency of a record;

(2) Determine that a security interest in collateral exists or does not exist;

(3) Determine that information in the record is correct or incorrect, in whole or in part; and

(4) Create a presumption that information in the record is correct or incorrect, in whole or in part.

18 N.C. Admin. Code 05B .0201

Authority G.S. 25-9-516; 25-9-526;
Temporary Adoption Eff. July 2, 2001;
Eff. August 1, 2002;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

Authority G.S. 25-9-516;
Temporary Adoption Eff. July 2, 2001;
Eff. August 1, 2002.