S.D. Admin. R. 5:04:04:02

Current through Register Vol. 51, page 30, September 3, 2024

Section 5:04:04:02 - UCC record delivery

UCC records may be tendered for filing at the filing office. The types of delivery methods are as follows:

(1) Personal or courier delivery. The file time for a UCC record delivered by this method shall be that business day. However, if the record is delivered after 4:30 p.m. Central Time, the filing time shall be the next day the filing office is open for business even though the UCC record may be subsequently rejected;

(2) Postal service delivery. The file time for a UCC record delivered by this method shall be that business day. However, if the record is delivered after 4:30 p.m. Central Time, the filing time shall be the next day the filing office is open for business even though the UCC record may be subsequently rejected;

(3) Expedited service. The file time for a UCC record when expedited service is requested shall be the time of the business day that the expedited service is requested and the expedited fee is paid. However, if the expedited service is requested after 4:30 p.m. Central Time, the filing time shall be at 8:00 a.m. the next day the office is open for business even though the UCC record may be subsequently rejected;

(4) A UCC record delivered after 4:30 p.m. Central Time or on a day the filing office is not open for business shall have a filing time before close of business on the next day the filing office is open for business;

(5) Electronic mail and telefacsimile delivery. No UCC record may be accepted via electronic mail or telefacsimile delivery; and

(6) Electronic filing. UCC records, excluding information statements and filing office statements, may be transmitted electronically using Dakota Fast File 2 (web based filing). The file time for a UCC record delivered by this method is the time that the filing office receives the record.

S.D. Admin. R. 5:04:04:02

28 SDR 23, effective 7/18/2001; 42 SDR 177, effective 6/30/2016

General Authority: SDCL 57A-9-526.

Law Implemented: SDCL 57A-9-525.2.