1 Miss. Code. R. 4-9.3

Current through October 31, 2024
Rule 1-4-9.3 - Grounds for refusal of a UCC document

The following grounds are the sole grounds for the filing officer's refusal to accept a UCC document for filing. As used herein, the term "legible" is not limited to refer only to written expressions on paper. "Legibility" may refer also to a machine - readable transmission for electronic transmissions and an otherwise readily decipherable transmission.

A. 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, valid debtor name and address for a debtor, in the case of an initial financing statement, or for the debtor purporting to be added in the case of such an amendment. If the document contains more than one debtor name or address and some names or addresses are missing or illegible, the filing officer shall index the legible name and address pairings, and provide notice to the remitter containing the file number of the document, identification of the debtor name(s) that was (were) indexed, and a statement that debtors with illegible or missing names or addresses were not indexed.
B. An initial financing statement or an amendment adding one or more debtors shall be refused if the document fails to identify whether each named debtor (or each added debtor in the case of such an amendment) is an individual or an organization, if the last name of each individual debtor is not identified.
C. Secured party name and address. An initial financing statement, an amendment purporting to add a secured party of record or an assignment shall be refused if the document fails to include a legible secured party (or assignee in the case of an assignment) name and address. If the document contains more than one secured party (or assignee) name or address and some names or addresses are missing or illegible, the filing officer shall refuse the UCC document.
D. A UCC amendment of an initial financing statement shall be refused if the document does not provide a file number of an initial financing statement in the UCC information management system that has not lapsed.
E. A UCC document that does not identify itself as an amendment or identify an initial financing statement to which it relates, as required by Mississippi Code §§ 75-9-512, 79-9-514. and 75-9-518, is an initial financing statement.
F. Continuation shall be refused if it is not received during the six - month period concluding on the day upon which the related financing statement would lapse.
1. First day permitted. The first day on which a continuation may be filed is the date of the month corresponding to the date upon which the financing statement would lapse, six months preceding the month in which the financing statement would lapse. If there is no such corresponding date during the sixth month preceding the month in which the financing statement would lapse, the first day on which a continuation may be filed is the day of the sixth month preceding the month in which the financing statement would lapse, although filing by certain means may not be possible on such date if the filing office is not open on such date.
2. Last day permitted. The last day on which a continuation may be filed is the day upon which the financing statement would lapse. Lapse date is defined in Rule 11.5.
G. A UCC filing shall be refused if the document is accompanied by less than the full filing fee tendered by a method described in Rule 6.2 and 6.3.
H. UCC documents communicated to the filing office by a means of communication not authorized by the filing officer for the communication of UCC documents shall be refused.
I. UCC documents determined to be fraudulent or false filings pursuant to section 75-9-501.1 shall be rejected.
J. As of July 1, 2017, all UCC filings submitted to the Secretary of State's office are required to be entered and completed by the filer or remitter using the Secretary of State's online filing system for UCC documents. These documents may be submitted electronically or transmitted in paper but all submitted documents must be produced by the online filing system and bear the tracking number assigned by that system. After July 1, 2017, any UCC filing including initial filing statements, farm liens, and any amendments, corrections or terminations thereto which are not entered by in the Secretary of State online filing system will be returned to the filer or remitter unprocessed.

1 Miss. Code. R. 4-9.3

Sections 75-9-501.1 and 75-9-519 et seq. Mississippi Code of 1972 as amended.
Amended 5/7/2017