8 Colo. Code Regs. § 1505-7-7
Current through Register Vol. 47, No. 22, November 25, 2024
Rule 8 CCR 1505-7-7 - EFS Filings7.1 Incorporation of prior Rules. Rules 1 through 9 apply to filings and other actions made under the EFS Act to the extent not inconsistent with the EFS Act and this Rule 7.7.2 Farm products. The list of farm products is found in the Federal Register and is posted on the Secretary of State's website.7.2.1 Each of the farm products contained in the list of farm products is considered a separate and distinct farm product.7.2.2 Inclusion and removal of additional products. A person may request that a farm product be included or removed from the farm products list. However, the Secretary of State cannot change the list without the United States Department of Agriculture's approval.7.3 EFS filings. 7.3.1 EFS. The electronic filing application will allow the capture of all information required by the EFS Act and all information necessary to perfect a UCC security interest. (a) Master list notification and records submitted for filing. An EFS is the only record that will create a master list notification.7.3.2 EFS Amendment. The electronic filing application will allow an EFS to be amended.7.3.3 Master list compilation. The EFS master list is compiled with the information contained in each EFS and EFS amendment.(a) Master list notification. To be included the monthly master list, a filer must electronically file an EFS or an EFS amendment on or before 11:59 p.m. Mountain Standard Time on the last day of the previous month.7.4 EFS master list compilation and distribution.7.4.1 Compilation month and distribution month. For the purpose of Rule 7, the following terms are defined: (a) "Compilation month" means the calendar month for which the master list is compiled.(b) "Distribution month" means the month immediately following a compilation month and the month in which the master list is distributed to master list registrants. For example, December is the distribution month for the master list compiled for November, which would include each effective EFS and EFS amendment filed on or before 11:59 p.m. on November 30th.7.4.2 Monthly compilation. The Secretary of State will compile the EFS master list on a monthly basis. The master list will not include an EFS and any related EFS amendment that lapsed or terminated on or before the last day of the compilation month.(a) Compilation deadline. The Secretary of State will compile the monthly master list no later than the tenth day of the distribution month.(b) Organization of the master list. The master list may be organized and distributed as multiple lists arranged by debtor name, debtor unique identifier, county, and crop year.7.4.3 EFS master list distribution.(a) Monthly distribution of the master list. The master list is distributed on a monthly basis.(b) Distribution method. A master list registrant may obtain the master list electronically. The master list may be downloaded from the Secretary of State's website or it may be searched using the Secretary of State's website. Upon request and payment of all applicable fees, a master list registrant may receive a paper copy of the master list.(c) Custom list distribution. A person may only obtain a custom list by searching the EFS master list through the Secretary of State's website and then downloading the search results. Custom list criteria may be entered to limit EFS master list search and the system will return all matching master list results.(d) Distribution deadline. Each monthly master list will be available no later than the fifteenth day of the distribution month. Once the monthly master list is distributed, custom lists will also be available.7.4.4 Debtor name custom lists. A custom list of all farm products in all counties sorted by debtor name is available for download from the Secretary of State's website.7.4.5 Failure to complete compilation and distribution by the deadline. If the Secretary of State cannot complete the compilation and distribution of the master list by the fifteenth day of the distribution month, the Secretary of State will communicate the fact of and reason for such failure to all master list registrants and on the Secretary of State's website.7.5 Master list registration.7.5.1 Registration. Registration is not necessary to download or search the master list through the Secretary of State's website. A person may become a master list registrant by registering to receive email notification that the master list has been published and distributed. Registration is completed by creating an account through the Secretary of State's website and choosing to receive notification. A person who requests a paper copy of the master list must contact the Secretary of State's office, complete a registration form, and pay all applicable fees.7.5.2 Registration changes. A master list registrant is responsible for changing the registrant's contact information. Changes are completed through the Secretary of State's website.7.5.3 Duration. Master list registrations are effective for one year.7.5.4 Renewal. Master list registrations will automatically be renewed unless a registrant cancels the registration. The Secretary of State will notify each registrant in June that the registrant's registration will automatically renew on July 1.7.6 EFS Filing Fees and EFS Master List Fees. Fees for processing EFS records, searches, copies and other services will be adopted and published by the Secretary of State from time to time. Information, instructions, and a fee schedule are available upon request and on the Secretary of State's website.