Ill. Admin. Code tit. 14 § 180.13

Current through Register Vol. 48, No. 49, December 6, 2024

Section 180.13 - Filing Fees/Methods of Payment/Overpayment and Underpayment Policies and Extension of Filing Deadlines

a) Filing Fees.

1) The fee for filing and indexing a UCC record communicated in a paper-based format or electronically is $20.

2) A fee of $20 shall be paid for an initial financing statement that indicates that it is filed in connection with a public-finance transaction and a fee of $20 shall be paid for an initial financing statement that indicates that it is filed in connection with a manufactured-home transaction.

3) UCC search fee. The fee for a UCC search request communicated on paper or in a paper-based format is $10 per name searched.

4) UCC search - copies. The fee for UCC search copies is $1 per page.

b) Methods of Payment. Filing fees and fees for public records services may be paid by the following methods:

1) Cash. Payment in cash shall be accepted, if paid in person at the filing office.

2) Checks. Personal checks, cashier's checks and money orders made payable to the filing office shall be accepted for payment if they are drawn on a bank acceptable to the filing office or if the drawer is acceptable to the filing office. Checks made payable to the filing office are acceptable to the filing office if drawn on a bank insured by the Federal Deposit Insurance Corporation (FDIC), the Federal Savings and Loan Insurance Corporation (FSLIC), or the National Credit Union Association (NCUA).

3) Electronic funds transfer. The filing office may accept payment via electronic funds transfer under National Automated Clearing House Association (NACHA) rules from remitters who have entered into appropriate NACHA-approved arrangements for the EFT and who authorize the relevant transfer pursuant to the arrangements and rules. NACHA rules are available at NACHA, 13665 Dulles Technology Drive, Suite 300, Herndon VA 20171. The NACHA rules were effective as of January 1, 2001 and do not include any later amendments or editions.

4) Credit cards. The UCC Division shall accept payment by credit cards issued by approved issuers. Remitters shall provide the filing officer with the card number, the expiration date of the card, the name of the card issuer, the name of the person or entity to whom the card was issued, the daytime telephone number of the remitter and the billing address for the card. Payment will not be deemed tendered until the issuer or its agent has confirmed payment. A current list of approved credit card issuers is available from the filing office.

5) Debit cards. The UCC Division shall accept payment by debit cards issued by approved issuers (e.g., Visa, MasterCard). Remitters shall provide the filing officer with the card number, the expiration date of the card, the name of the card issuer, the name of the person or entity to whom the card was issued, the daytime telephone number of the remitter and the billing address for the card. Payment will not be deemed tendered until the issuer or its agent has confirmed payment. A current list of approved debit card issuers is available from the filing office.

c) Overpayment and Underpayment Policies.

1) Overpayment. The filing officer shall refund an overpayment only upon the written request of the remitter. Requests for refund shall contain the debtor's name and address, the file number and date of filing the record for which overpayment was made. If the record for which a refund is requested is a UCC-3, the request must also include the file number of the original filing.

2) Underpayment. Upon receipt of a record with an insufficient fee, the filing officer shall return the record to the remitter as provided in Section 180.15. The tendered payment shall be included with the record.

3) Non-sufficient funds. Upon notification from Accounting/Revenue that non-sufficient funds or an unacceptable form of payment was receipted for a UCC filing, that filing will be reversed and removed from the Secretary of State information management system as though it were never received and was refused for acceptance under the provisions of 810 ILCS 5/9-516(b)(2).

d) Filing of Uniform Commercial Code (UCC) Documents, Federal Tax Liens, and Other UCC-related Materials.

1) All UCC documents, federal tax liens, and other UCC-related materials required to be filed with the Secretary of State pursuant to Chapter 810 of the Illinois Compiled Statutes shall be filed with the Business Services Department, Howlett Building, Room 350, Springfield IL 62756.

2) Pursuant to the powers vested in him by Section 5(7) of the Secretary of State Act, the Secretary of State hereby extends for the duration of the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038, issued on March 9, 2020, as extended by subsequent disaster proclamations, and for a period of 90 days thereafter, the filing deadlines for materials required to be filed with the Secretary of State pursuant to Chapter 810 of the Illinois Compiled Statutes and that were due to be filed on or after March 17, 2020. This extension period may be rescinded by the Secretary of State through the adoption of an emergency rule. Any fees for late filings of materials shall be waived for materials subject to this Section.

Ill. Admin. Code tit. 14, § 180.13

Amended at 34 Ill. Reg. 1411, effective February 1, 2010

Amended at 44 Ill. Reg. 13748, effective 8/4/2020