N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 143-4.2

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

Section 143-4.2 - Search requests

(a) The central filing office will accept a UCC search request only if such request:

(1) is in writing;

(2) is communicated to the UCC unit of the central filing office by personal delivery, courier delivery, or postal service delivery;

(3) specifies the name of the debtor to be searched;

(4) specifies whether the debtor is an individual or an organization;

(5) in the case of a search request that specifies that the debtor is an individual, specifies the last name of such individual (such a search request may also specify a first name or initial, a middle name or initial, and/or a suffix);

(6) specifies the name and address of the person to whom the search report is to be sent; and

(7) is accompanied by the appropriate fee, paid using a payment method authorized by section 143-5.2 of this Part.

(b) The central filing office may refuse to process a search request made on any form other than the approved information request form promulgated under section 143-1.3(a)(9) of this Part, or on a form determined by the central filing office to be substantially similar to such approved form.

(c) Except as otherwise provided in section 143-4.3(c)(9) of this Subpart, a search request will be processed using the exact name of the debtor as specified in the search request (as modified by the filing office by application of the rules set forth in section 143-4.3 of this Subpart).

(d) A search request may contain only one name to be searched. However, a search request that is made by checking the box in item 7 of the financing statement form promulgated under section 143-1.3(a)(1) of this Part may request a search against any one or more of the debtors named in such financing statement. The filing office may refuse to process a search request that is made in such financing statement form if such financing statement is not accepted for filing.

(e) A search request may limit the records requested by limiting them by the city (or city and state) of the debtor. The request may limit the records requested to notices of liens for taxes payable to the United States of America, and certificates and notices affecting such liens, only. A report created by the filing office in response to a request with either such limitation may contain a statement substantially similar to the following: "A limited search may not reveal all filings against the debtor searched and the requesting party bears the risk of relying on such a search." If the information request form promulgated under section 143-1.3(a)(9) of this Part is used to make such a limited search request, the request to limit the search and the parameters of the limitation (i.e., the city [or city and state] to be searched, or an indication that the search request is for notices of liens for taxes payable to the United States of America, and certificates and notices affecting such liens, only) should be stated in item 3 of that form.

(f) A search request may include instructions on the mode of delivery desired, if other than by ordinary mail. Such delivery instruction will be honored, provided that:

(1) the requested mode of delivery is then made available by the filing office; and

(2) any additional cost associated with such delivery is paid for by the requestor in advance. If the information request form promulgated under section 143-1.3(a)(9) of this Part is used, instructions on the mode of delivery should be stated in item 4 of that form.

(g) A search request may request that the search results reflect:

(1) unlapsed filings only; or

(2) all filings as to which a record is still maintained by the filing office under section 9-522(a) of the UCC on the certification date. A search request that does not specify if it is requesting unlapsed filings only or all filings will be processed as a request for unlapsed filings only.

(h) A single request form may not be used to request both a search and copies from the central filing office. If a single form requesting both a search and copies is submitted to the central filing office, the central filing office will process the search request and will not process the copy request. To request copies from the central filing office, a separate request must be submitted. A request for copies must be accompanied by the appropriate fee for such copies.

(i) The person requesting a search from the central filing office may request that the search results be issued under seal. If the information request form promulgated under section 143-1.3(a)(9) of this Part is used to make the search request, the request to issue the results under seal should be set forth in item 3 of that form. Checking the "certified" box in item 2a of that form will not be treated as a request that the search results be issued under seal.

N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 143-4.2