100 R.I. Code R. 100-RICR-30-00-1.15

Current through December 3, 2024

Section 100-RICR-30-00-1.15 - Filing and Data Entry Procedure

A. Policy Statement. This section contains rules describing the filing procedures of the filing officer upon and after receipt of a UCC record. It is the policy of the filing officer to promptly file a document that conforms to these rules. Except as provided in these rules, data is transferred from a UCC record to the UCC information management system exactly as the data is set forth in the document. Personnel who create reports in response to search requests type search criteria exactly as set forth on the search request. No effort is made to detect or correct errors of any kind.

B. Paper Filings.

1. Filing Form. Paper filings must be presented on the forms authorized in R.I. Gen. Laws § 6A-9-521(a) and (b) or any form prescribed by the filing office in accordance with § 1.7 of this Part.

2. Filing Fee. The filing must be accompanied by the appropriate fee in accordance with § 1.8 of this Part.

3. Filing Review. The filing record is scanned into and indexed on the UCC information management system. The image is reviewed to determine whether the filing will be accepted or rejected. The filing office, in its sole discretion, may redact social security numbers from the image displayed on the UCC information management system. Records are rejected only for reasons provided in R.I. Gen. Laws § 6A-9-516(b) and § 1.13(B) of this Part.

4. Accepted Filing. If a record is accepted for filing, the file number, filing time and date are permanently associated with the financing statement on the UCC information management system upon the close of business on the day of acceptance. An acknowledgment is prepared as provided in § 1.13(E) of this Part and returned to the filer by email. The acknowledgment contains the file number, filing time and date and a copy of the image of the record.

5. Rejected Filing. If a filing is rejected, the filing will be returned to the filer as provided in § 1.13(D) of this Part.

C. Electronic Filings.

1. Filing Form. Electronic filings must be made as provided in the filing office's online information service system located at www.sos.ri.gov.

2. Filing Fee. Electronic transmissions must be received and accompanied by the appropriate fee as provided in § 1.8 of this Part.

3. Filing Review. The filing is reviewed to determine whether it will be accepted or rejected. The procedure for acknowledgment is the same as provided for paper transactions. If the filing is rejected, the filing office shall send an email notice that contains the date and time the record would have been filed had it been accepted for filing (unless such date and time are stamped on the record), and a brief description of the reason for refusal to accept the record. The notice shall be sent to a secured party or the filer no later than the second business day after the filing office receives the record.

D. Data Entry. Data entry and indexing functions are performed as follows:

1. Filing Date; Filing Time. The time and date of filing are determined as provided in § 1.6 of this Part.

2. Lapse Date. The lapse date is determined as provided in § 1.2(A)(15) of this Part.

E. Errors of the Filing Officer. The filing office may correct the errors of filing officer personnel in the UCC information management system at any time. A record relating to the relevant initial financing statement will be placed in the UCC information management system stating the date of the correction and explaining the nature of the corrective action taken. The record shall be preserved for so long as the record of the initial financing statement is preserved in the UCC information management system.

F. Errors Other than Filing Officer Errors. An error by a filer is the responsibility of such filer. It can be corrected by filing an amendment or it can be disclosed by an information statement.

G. Data Entry of Names - Designated Fields. A filing should designate whether a name is a name of an individual or an organization and, if an individual, also designate the first personal, surname, additional names (initials) and any suffix of such individual. When this is done, §§ 1.15(G)(1) through (3) of this Part shall apply:

1. Organization Names. Organization names are entered into the UCC information management system exactly as set forth in the UCC record, even if it appears that multiple names are set forth in the record or if it appears that the name of an individual has been included in the field designated for an organization name.

2. Individual Names. The filing officer enters the names into the first personal, surname, additional names (initials) and suffix fields in the UCC information management system exactly as set forth in the UCC record.

3. Designated Fields Required. The filing office specified the use of forms that designate separate fields for individual and organization names and separate fields for first, middle and last names and any suffix. Such forms diminish the possibility of filing office error and help assure that filers' expectations are met. However, filers should be aware that the inclusion of names in an incorrect field or failures to transmit names accurately to the filing office may cause filings to be ineffective. All records submitted through direct data entry will be required to use designated name fields.

H. Data Entry of Names - No Designated Fields. A UCC record that is an initial financing statement or an amendment that adds a debtor to a financing statement and that fails to specify whether the debtor is an individual or an organization will be refused by the filing office.

I. Verification of Data Entry. The filing officer verifies the accuracy of data entry by independent examination and double-blind keying of the following fields:

1. Time and date of filing;

2. Record type;

3. Debtor name; and

4. Debtor address.

J. Archives.

1. Paper Records. Paper UCC records are scanned into the UCC information management system. The paper filing is retained for at least six months and then destroyed. The image is maintained until at least one year from the date of lapse in the active database.

2. Electronic Records. Electronic filings are maintained for at least one year following the lapse date in the active database.

3. Data Retention. The UCC information management system database is backed up every business day.

4. Searches. Archival searches and the lapsed database are available through the UCC information management system on the internet at www.sos.ri.gov.

K. Notice of Bankruptcy. The filing officer shall take no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system. Accordingly, financing statements will lapse as scheduled unless properly continued.

100 R.I. Code R. 100-RICR-30-00-1.15

Adopted effective 1/1/2019