N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 143-2.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 143-2.8 - Ministerial nature of filing office duties and responsibilities

(a) The duties and responsibilities of the filing offices with respect to the administration of the UCC are ministerial. In accepting a document for filing (or in refusing to file a document), a filing office makes no determination, and creates no presumption, with respect to any of the following:

(1) whether such document is (or is not) legally sufficient;

(2) whether the information in such document is (or is not) correct;

(3) whether the name of any person is (or is not) sufficiently provided in such document;

(4) whether the collateral is (or is not) properly or sufficiently described in such document;

(5) whether any person, collateral, obligation, security interest, lease, consignment, bailment, sale, agricultural lien, or other transaction, lien or interest of any kind does (or does not) exist;

(6) whether any person does (or does not) have title to, possession of, or any other rights in, any collateral or other property of any kind;

(7) whether such filing office is (or is not) a proper office for the filing of such document; or

(8) whether some other or additional filing or act is (or is not) necessary to perfect, continue, terminate, assign, amend, give notice of, or otherwise affect any security interest, lease, consignment, bailment, sale, agricultural lien, or other lien or interest of any kind.

(b) The name of a debtor or secured party or other party will be entered in the UCC information management system exactly as such name appears on the record to be filed (provided, however, that any filing office may, at its option, enter and store names and other information in the UCC information management system in all uppercase, without regard to the case[s] used in the UCC document as submitted for filing). The filing office assumes no responsibility for the correct spelling of a name, and will enter the data in accordance with the filer's spelling (provided, however, that any filing office may, at its option, enter and store names and other information in the UCC information management system in all uppercase, without regard to the case[s] used in the UCC document as submitted for filing). The filing office assumes no responsibility for determining whether the debtor's name complies with the requirements of section 9-503 of the UCC.

(c) Nothing in this section prevents a filing office from communicating to a filer or a remitter that the filing office noticed an apparent or potential defect or error in a document submitted for filing. However, a filing office is not required to search for any such defect or error, and a filing office is not required to notify any filer, remitter, or other person of any such defect or error, or otherwise to call any such defect or error to the attention of any filer, remitter, or other person. The responsibility for the legal effectiveness of a filing rests with the filer and remitter. Filing offices bear no responsibility for such effectiveness.

N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 143-2.8