8 Colo. Code Regs. § 1505-7-5

Current through Register Vol. 47, No. 22, November 25, 2024

Rule 8 CCR 1505-7-5 - Search Requests and Reports

5.1 General requirements. The Secretary of State maintains a searchable index of all master records and liens created under the UCC, the EFS Act, the Lien Registration Act, and applicable federal law. This searchable index allows records to be retrieved by searching for the name of a debtor, owner, or taxpayer or by the file number of a secured transaction record.

5.2 Search requests. Search requests can be submitted and processed only by using the electronic searching application. A searcher may perform a search of the secured transactions information management system using the following types of search requests:

5.2.1 Standard search. A standard search is a search of the secured transactions information management system using the standard search logic provided for in Rule 5.4 . A searcher may perform a standard search of all unlapsed records by providing the name of a debtor, owner, or taxpayer. The standard search will return any unlapsed secured transaction records and any federal lien that designates a debtor, owner, or taxpayer name that matches the name entered into the electronic searching application.

(a) Lapsed records. A standard search may include all lapsed secured transaction records which name a debtor, owner, or taxpayer that matches the name entered into the electronic searching application.

(b) Certification of a standard search. The results of a standard search will be certified by the Secretary of State upon request, with the provision of information identifying the requestor, and payment of any applicable fee.

5.3 Optional search request criteria. The Secretary of State may allow searches of the secured transactions information management system using search criteria beyond the name of a debtor, owner, or taxpayer. The results of these search requests will include secured transaction records and federal liens that match the search criteria entered into the electronic searching application by the searcher.

5.3.1 Certification. The Secretary of State will not certify the results of any searches performed using the optional search criteria.

5.4 Rules applied to standard search requests. Search results are created by applying standardized search logic to the name a searcher enters in a standard search function of the electronic searching application. Human judgment does not play a role in determining the results of the search. The following are the sole rules applied to conduct searches:

5.4.1 Search result limits. Search results are limited to 500 matching records.

5.4.2 Standard search logic- organization name normalization. The standard search logic of the Secretary of State will normalize an organizational name as follows:

(a) All letters will be converted to upper case.

(b) An ampersand ("&") will be converted to "and".

(c) All articles, such as "the", "a", and "an", that precede or follow the name will be removed.

(1) The character "a" will be considered an article if followed by a space and two or more characters unless the characters following the space are "and [space]".

(2) If "[space] a" is the last character in a name, "a" will be considered an article.

(d) All characters, including punctuation, outside of 0-9 and A-Z will be replaced with a single space.

(e) Any and all leading and trailing spaces will be removed.

(f) All multiple consecutive spaces within the name will be reduced to one space.

(g) Words and abbreviations at the end of a name that indicate the existence or nature of an organization as set forth in the "Ending Noise Words" list as promulgated and adopted by the Secretary of State from time to time, are disregarded (e.g., "company", "limited", "incorporated", "corporation", "limited partnership", "limited liability company", or abbreviations of the foregoing). The "Ending Noise Words" list is available upon request and on the Secretary of State's website.

(h) All spaces will be removed from the name in order to concatenate the name.

5.4.3 Standard Search Logic- individual name normalization. The standard search logic of the Secretary of State will normalize an individual name as follows:

(a) Only the last, first, and middle names will be used.

(b) A last name must be provided.

(c) All letters will be converted to upper case.

(d) All characters, including punctuation, outside of 0-9 and A-Z will be replaced by a space.

(e) All spaces in a last name, first name, or middle name will be removed.

(f) An individual name may be searched using any of the following combinations:

(1) Last name;

(2) Last name, first initial;

(3) Last name, first initial, middle initial;

(4) Last name, first initial, middle name;

(5) Last name, first name;

(6) Last name, first name, middle initial; and

(7) Last name, first name, middle name.

5.4.4 A normalized name as a null value. A normalized name may be a null value.

5.4.5 Standard Search Logic results. The standard search logic will use the normalized name to search the secured transactions information management system and to produce search results.

(a) Normalized organization names. Only names that are an exact match of the normalized name will be included in the search results.

(b) Normalized individual names. Only last names that are an exact match of the normalized last name will be included in the search results.

(c) Only a last name is provided. If a search is conducted using only a last name, the search results will include debtors on record with only a last name.

(d) Individual first and middle names. The results of a search using a first name, middle name, or both will include the normalized first name, normalized middle name, or both with trailing wildcards.

5.5 Search responses. Upon submitting a search request using the electronic searching application, a list of results matching the search criteria will be provided. If no information matching the search criteria is returned, the electronic searching application will indicate that the search criteria do not return any results. A report of the search results will be available. Reports created in response to a search request will include the following:

5.5.1 Filing office identification. The Secretary of State will be identified as the report provider.

5.5.2 Processed through date. Each report will indicate:

(a) The most recent date through which the Secretary of State has processed paper filings in accordance with Rule 1.2.3; and

(b) The most recent date and time through which the Secretary of State has received electronic filings.

5.5.3 Search criteria. The report will indicate the data that was used to generate the report. Search criteria that may be used include the following:

(a) Debtor name. The debtor, owner, or taxpayer name used to conduct the search will be indicated.

(b) Exact match. The report will indicate if the search results are limited to an exact match of the debtor name used to conduct the search.

(c) Normalized name. The normalized name used to conduct a standard search will be indicated.

(d) Debtor city. The report will indicate if the search results are limited to a debtor's city.

(e) Debtor state. The report will indicate if the search results are limited to a debtor's state.

(f) Debtor ZIP/Postal code. The report will indicate if the search results are limited to a debtor's ZIP/Postal code.

(g) Secured party name. The report will indicate the secured party's or claimant's name used to conduct the search.

(h) Exact match. The report will indicate if the search results are limited to an exact match of the secured party name used to conduct the search.

(i) Secured party city. The report will indicate if the search results are limited to a secured party's city.

(j) Secured party state. The report will indicate if the search results are limited to a secured party's state.

(k) Secured party ZIP/Postal code. The report will indicate if the search results are limited to a secured party's ZIP/Postal code.

(l) Date range. The report will indicate if the search results are limited to a date range.

(m) Record type. The report will indicate if the search results are limited to one or more types of records.

(n) Lapsed records. The report will indicate if the search results include lapsed records.

5.5.4 Report date and time. The date and time the report was generated will be indicated.

5.5.5 Identification of record opening documents. Any record opening document matching the search criteria will by retrieved and identified by the record's file number and file date.

5.5.6 Record history. For each record opening document identified on the report, a list of all related records and corrections filed or entered on or before the processed through date will be identified with the record opening document.

5.5.7 Identification of master record information. Master record information on file with the Secretary of State will include the following:

(a) Record opening document file number.

(b) Record opening document filing date and time.

(c) Type of record.

(d) Each debtor's name and address.

(e) Each secured party's name and address.

(f) Amendment file number.

(g) Amendment filing date and time. (h) Type of amendment.

(i) Information statement file number.

(j) information statement filing date and time.

(k) Filing officer correction date.

(l) Lapse date. For each record opening document identified on the report, a lapse date will be indicated, unless no lapse date exists.

5.6 Copies. Upon request and subject to availability, the Secretary of State will provide an image of a record that is on file with the Secretary of State and retrieved through the electronic searching application.

5.7 Certification of secured transaction records and reports.

5.7.1 Secured transaction records recorded with the Secretary of State. Secured transaction records that are available through the secured transactions information management system may be certified by the Secretary of State in response to a search request as required by applicable law.

(a) Secured transaction records certified by the Secretary of State. The unredacted image of the original secured transaction record will be provided in response to a request for a certified record.

5.7.2 Reports. Reports generated from the results of a standard search may be certified by the Secretary of State as required by applicable law.

(a) Certification identification number. The Secretary of State will assign a unique identifying number to each certified report.

5.7.3 Medium of certified records and reports. A certified report or record produced or generated by the Secretary of State will be communicated in an electronic medium.

(a) Hardship certification. In the case of hardship, the Secretary of State may, at its discretion, allow for the communication of a certified report or record in a medium other than an electronic medium. Hardship certification requests will only be accepted after the requester has received prior approval from the Secretary of State.

5.8 Hardship search requests. A hardship search request will be processed only if the request was preapproved by the Secretary of State and is tendered with any applicable fee. The Secretary of State will determine the policy and procedure used to accept a secured transaction search request under hardship.

8 CCR 1505-7-5