Idaho Admin. Code r. 34.05.06.101

Current through September 2, 2024
Section 34.05.06.101 - DEFINITIONS

For the purpose of the rules contained in this chapter, the following definitions apply:

01.Amendment. A UCC document that purports to amend the information contained in a financing statement. Amendments include assignments, continuations and terminations.
02.Assignment. 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.
03.Continuation. An amendment that purports to continue the effectiveness of a financing statement.
04.Correction Statement. A UCC document that purports to indicate that a financing statement is inaccurate or wrongfully filed.
05.File Number. 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 seven-digit (7) number assigned to the financing statement by the filing officer. For a financing statement with an initial financing statement filed on or after July 1,2001, the file number includes three (3) segments; the year of filing expressed as a four-digit (4) number, followed by a unique seven-digit (7) number assigned to the financing statement by the filing office and ending with a one-digit (1) verification number assigned by the filing office but algorithmically derived from the numbers in the first two (2) segments. The filing number bears no relation to the time of filing and is not an indicator of priority.
06.Filing Office and Filing Officer. The Idaho Secretary of State's Office.
07.Financing Statement. An initial financing statement and all UCC documents that relate to the initial financing statement.
08.Individual. A human being, or a decedent in the case of a debtor that is such decedent's estate.
09.Initial Financing Statement. A UCC document containing the information required to be in an initial financing statement pursuant to Section 2 of these rules which, when filed, causes the filing office to establish the initial record of the existence of a financing statement in the filing office's UCC information management system.
10.Organization. A legal person who is not an individual under Subsection 101.08.
11.Remitter. 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.
12.Secured Party of Record. With respect to a financing statement, a secured party or representative of a secured party named on the initial financing statement or, if an assignee is designated on the initial financing statement, instead shall mean the secured party or representative named as such assignee, and shall mean each other secured party or secured party representative named as an additional or substitute secured party on any amendment. Revised Article 9 provides that a person remains a secured party of record until the authorized filing of an amendment indicating that the person is no longer a secured party or secured party representative. However, as the filing officer cannot determine if such an amendment is in fact authorized, a secured party of record on a financing statement is not deleted from the filing officer's information management system until the financing statement lapses.
13.Termination. An amendment intended to indicate that the related financing statement has ceased to be effective with respect to the secured party authorizing the termination.
14.UCC. The Uniform Commercial Code as enacted in this state, Section 28-11-101, et seq., Idaho Code.
15.UCC Document. An initial financing statement, a correction statement or any amendment, including an assignment, a continuation, or a termination. The word "document" in the term "UCC document" shall not be deemed to refer exclusively to paper or paper-based writings. In due time, 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 Section 28-9-102(a)(30), Idaho Code.)

Idaho Admin. Code r. 34.05.06.101

Effective March 25, 2022