S.D. Admin. R. 5:04:04:15

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

Section 5:04:04:15 - UCC information management system - Names of debtors who are individuals

For the purpose of this rule, individual, means a human being, or a decedent in the case of a debtor that is such decedent's estate. This rule applies to the name of a debtor or a secured party on a UCC record who is an individual:

(1) Individual name fields. The name of an individual is stored in the file that includes only the names of individuals, and not the names of any organizations. Separate data entry fields are established for first (given), middle (given), and last names (surnames or family names) of individuals. A filer shall place the name of a debtor with a single name in the last name field. The filing officer assumes no responsibility for the accurate designation of the components of a name but shall accurately enter the data in accordance with the filer's designations;

(2) Titles and prefixes before names. No title and prefix may be entered in the UCC information management system;

(3) Titles and suffixes after names. No title or indication of status may be entered in the UCC information management system. Any suffix that indicates which individual is being named shall be entered in a field designated for name suffixes. As provided in subdivision (1) of this section, the suffix shall be entered into the information management system exactly as received; and

(4) Truncation - individual names. Personal name fields in the UCC database are fixed in length. Although each filer shall provide full names on the filer's UCC record, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the data entry field. The maximum length of data entry name fields are as follows:

(a) first name: 128 characters;

(b) middle name: 128 characters;

(c) last name: 128 characters; and

(d) suffix: 50 characters.

S.D. Admin. R. 5:04:04:15

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.