04-002 Code Vt. R. 04-020-002-X

Current through August, 2024

Section 04 020 002 - CENTRAL FILING SYSTEM RULES

( 9A V.S.A. § 9-607(2) ) Office of the Secretary of State Corporations Division

A. Definitions

For the purpose of implementing the central filing system for farm products authorized by 9A V.S.A. Article 9 Part 6, the following definitions apply

1. "crop year" means

a. For a crop grown in soil, the calendar year in which it is harvested or to be harvested;

b. For animals, the calendar year in which they are born or acquired;

c. For poultry or eggs, the calendar year in which they are sold or to be sold;

d. For bees and worms, the calendar year in which they are alive in adult form.

2. "cumulative supplement" means a list composed of updated information from the master list since its last publication.

4. "farm product notice" is the Vermont substitute for "effective financing statement," as used in the federal law and rules.

5. "master list" means a full listing of farm product notices currently filed in the Office of the Secretary of State organized according to farm products and fulfilling the requirements of 9A V.S.A. § 9-603(2) and the federal law and rules on the central filing system, which is issued quarterly by the Secretary of State.

6. "oral confirmation within 24 hours" (as used in 9A V.S.A. § 9-603(e) ) means personal contact by telephone or in person before the same hour on the following business day, excluding holidays and weekends;

B. Filing of Farm Product Notices

1. A farm product notice must be filed on a form prescribed and approved by the Secretary of State. The form shall be designated "FPN-1."

2. The debtor's name and address must be entered completely and precisely. The names of individuals must be entered in order of last name (surname), first name, and middle initial or name, if any. Business names and corporate names must be entered in full, without abbreviation, except where an abbreviation is part of the business or corporate name.

3. The social security number or IRS taxpayer indentification number must be entered beside each debtor's name.

4. The name and address of the secured party must be entered.

5. The three-digit product code for each farm product subject to the security interest must be entered. A table of product codes appears on the back of the FPN-1. The Secretary of State will enter only the product code and will not be responsible for discrepancies between the farm product code and the farm product which is the subject of the security interest.

6. The two-digit county code for each county where the farm product is growing, is to be grown, is located or is foreseen to be located while in possession of the debtor shall be entered next to the product code for each farm product. A table of county codes appears on the back of the FPN-1.

7. If fewer than all crop years of a farm product are covered by the farm product notice, the crop year(s) of the farm product which is (are) covered shall be entered.

8. If less than all of a particular farm product for the specified crop year is covered by the farm product notice, the amount which is covered must be entered, along with the code for the appropriate unit of measurement. A table of unit codes appears on the back of the FPN-1.

9. The signatures of the debtor(s) and secured party(ies) must be affixed to the FPN-1. All debtors whose names appear in the debtor section of the FPN-1 must sign.

10. All information other than the signatures must be typed or legibly printed.

C. Amendment, Continuation and Termination of a Farm Product Notice

1. An amendment, continuation, or termination of a farm product notice must be filed on a form prescribed and approved by the Secretary of State. The form shall be designated "FPN-2."

2. A termination of a farm product notice may be made by the signature of the secured party on the termination line on the FPN-1 or by checking the termination box on the FPN-2.

3. The document number assigned by the Secretary of State to the farm product notice must be entered on any amendment, continuation, or termination form.

D. Farm Product Identification Codes

Specific codes prescribed by the Secretary of State shall be used to describe farm products on the farm product notice and ancillary statements, as well as on the master list and cumulative supplements maintained and distributed by the Secretary of State. The Secretary of State may add classes and codes as the need is demonstrated. Formal amendment of these rules shall not be necessary in order to add classes or codes to this list, as long as the Secretary of State makes the current list of classes and codes available on request and posts the current list in his or her office. The table of classes and codes is attached to this rule as Appendix A.

E. County Codes

The codes in this section shall be used to describe the county or counties in which the product is located on the farm product notice and ancillary statements, as well as on the master list and cumulative supplements maintained and distributed by the Secretary of State. The table of codes is as follows:

01 Addison	06 Franklin	11 Rutland
02 Bennington	07 Grand Isle	12 Washington
03 Caledonia	08 Lamoille	13 Windham
04 Chittenden	09 Orange	14 Windsor
05 Essex	10 Orleans	99 Other

The code 99, "Other," is designed to accommodate filings for products produced in Vermont but stored prior to sale in another state.

F. Unit Codes and Crop Year Codes

The codes in this section shall be used to describe the units of farm products on the farm product notice and ancillary statements, where necessary, as well as on the master list and supplements maintained and distributed by the Secretary of State. The table of codes is as follows:

A - acres	H - head	W - lugs
B - bushels	L - pounds	X - boxes
C - hundredweight	N - bins	Z - stubs
E - cases	S - sacks
F - flats	T - tons
G - gallons	V - hives

Crop years shall be entered using the last two digits of the calendar year. If no crop year code is entered all crop years are deemed to be covered.

G. Registration of Buyers, Commission Merchants, and Selling Agents

1. Registration of buyers, commission merchants, and selling agents shall be made on a form prescribed and approved by the Secretary of State. The form shall be designated "FPN-4."

2. Registration entitles the registrant to an annual subscription to master lists, supplements or special selections beginning when the registration is filed and terminating on January 1 of the following year. Each registrant will be assigned a permanent registration number by the Secretary of State.

3. Renewals may be filed at any time after 90 days prior to expiration of a current registration period. The registrant, if renewing, shall indicate his or her registration number on the renewal form. The renewal form shall be mailed to each registrant by the Secretary of State in time to provide for renewal.

4. Notice of a change of registrant's name and/or address shall be made in writing to the Secretary of State.

5. If a registration is filed at any time other than at the start of the calendar quarter, the registrant will receive the most recent master list and the most recent subsequent supplement(s).

H. Distribution of Master Lists and Supplements

1. The master list shall be printed quarterly by the Secretary of State. For purposes of printing, "quarterly" means the first Wednesday in March, the first Wednesday in June, the first Wednesday in September, and the first Wednesday in December. These are the dates the master list will be printed, showing current filings of farm product notices to date. When any of these dates falls on a holiday, the next business day shall be used as the date for printing and distribution of the master list. Master lists for special selections will be printed quarterly as well.

2. Supplements shall be printed on the first Wednesday of each month in which a master list is not printed. When any of these dates falls on a holiday, the next business day shall be used as the date for printing of the master list. Supplements for special selections will be printed monthly as well.

3. In order to be included on the master list, a supplement, or a special selection, a farm product notice must be received by the Secretary of State not later than 12:00 noon on the business day prior to publication.

4. Distribution of the master list and supplements will be made by the Secretary of State as soon as possible after the list is printed.

I. Requests for Information

1. Any person may request oral confirmation of the existence of a farm product notice or the lack of such notice from the Secretary of State by telephone, mail, or in person during regular working hours on business days.

2. Oral confirmation shall be made within 24 hours of the hour of the request on the next business day, excluding holidays and weekends. Written confirmation shall be mailed to each person making such request, with a voucher citing the fee owed for this service.

3. If the oral confirmation is to be made telephonically and the requesting party cannot be reached at the stated telephone number within the 24 hour period, the Secretary of State shall attempt to reach the requesting party over an additional 24 hour period. If at the end of that time the requesting party has not been reached, the Secretary of State shall be deemed to have fulfilled his or her obligation to make a timely oral confirmation. A log of each attempted call shall be maintained by the Secretary of State. At least three attempts to reach the requesting party shall be made in each 24 hour period, if the requesting party cannot be reached earlier.

4. A request for information on or copies of farm product notices may also be made in writing by the filing of an "FPN-3."

J. Fees

1. The fee for filing a FPN-1, an amendment, or a continuation of an FPN-1, is $ 5.00. There is no charge for filing a termination of an FPN-1.

2. The fee for oral confirmation, followed by written confirmation, of a farm product notice, or a lack of records confirmation, is $ 5.00 for each farm product notice. The fee for a written request for copies or information by filing an FPN-3 is also $ 5.00.

3. The fees for registering as a buyer, commission merchant, or selling agent, or to receive copies of the master lists and cumulative supplements or special selections for a period beginning at registration or renewal and ending on December 31, are $ 250.00 for an alphabetical list and $ 250.00 for a numeric list, $ 150.00 for milk only statewide, $ 75.00 for any other product statewide, and $ 50.00 for any product by specific county. The registration fee shall be paid at the time of registration. Those who register within four months of the end of the calendar year will be charged $ 100.00 for an alphabetical list and $ 100.00 for a numeric list, $ 75.00 for milk only statewide, $ 50.00 for any other product statewide, and $ 25.00 for any product by specific county.

4. The Secretary of State reserves the right to insist that persons requesting oral confirmations on farm product filings whose accounts are more than 60 days in arrears appear in person to request and receive such confirmations, rather than using the telephone.

5. The fee for individual copies of master lists or cumulative supplements by non-registrants shall be 10 cents per page.

Appendix A Food Product Classes and Codes

01 Fruits	011 apples	02 Berries	021 blackberries
	012 apricots		022 blueberries
	013 cherries		023 raspberries
	014 grapes		024 strawberries
	015 nectarines
	016 peaches
	017 pears
	018 plums
03 Veg.	031 artichokes	04 Veg.	041 celery
	032 asparagus		042 corn (sweet)
	033 beans (lima)		043 cucumbers
	034 beans (snap)		044 eggplant
	035 Brussels sprouts		045 lettuce
	036 broccoli		046 onions
	037 cabbage		047 parsnips
	038 carrots		048 peas (green)
	039 cauliflower		049 peppers
05 Veg.	051 pumpkins/squash	06 feeds	061 barley
	052 spinach		062 buckwheat
	053 sugar beets		063 corn (field)
	054 tomatoes		064 hay
	055 turnips		065 oats
			066 rye
			067 sorghum grain
			068 wheat
07 ensilage	071 ensilage	08 potatoes	081 potatoes
			082 potatoes (sweet)
09 popcorn	091 popcorn	10 nursery products	101 Christmas trees
			102 flowers & potted plants
			103 nursery stock (trees & shrubs)
			104 sod
11 apiary products	111 bees	12 maple	121 maple syrup
	112 bees wax
	113 honey
13 mushrooms	131 mushrooms	14 worms	141 worms
15 sprouts	151 sprouts	16 ginseng	161 ginseng
17 poultry & eggs	171 chickens	18 livestock	181 beefalo
	172 ducks		182 beef cattle & calves
	173 eggs		183 dairy cattle
	174 game birds		184 deer & elk
	175 geese		185 goats
	176 turkeys		186 hogs
			187 horses
			188 rabbits
			189 sheep & lambs
19 semen	191 cattle semen	20 milk & milk pro.	201 milk
	192 horse semen
21 coats	211 mink & pelts	22 misc.	221 sunflower seeds
	212 wool
23 fish	231 fish

Farm Product Notice (FPN-1)

Use this form for filing notice of a security interest in farm products produced in Vermont. Complete instructions for its use, the schedule of fees, and tables of codes for farm products, counties, and units of amount appear on the back of this form.

A. Debtor Name(s)	B. SSN/TIN	C. Debtor Address
....
....
....
....
D. Names and Addresses of Secured Party (ies)
....
....
....
....

F.	G.	H.	I.	J.	K.	L.	.
Item	Product	County	Crop	Amount		Unit	Add.
No.	Code	Code	Year(s)	(if nec.)		Info.
....
....
....
....
....
....
....
....
....
....
....
....

M. Debtor Signature(s)	N. Secured Party Signature
....	....
....	....
....	....
....	....
....	....
....	....
....	....
....	....

[B elow the carbon, so that it appears on only the pink copy (the acknowledgement copy) of the FPN-1, add]: Termination Statement: This Statement of Termination of the Farm Product Notice is presented to the Secretary of State for filing pursuant to the Uniform Commercial Code. The Secured Party certifies that the Secured Party no longer claims a security interest under the Farm Product Notice bearing the file number shown above.

Date.....19....

....

Capacity or Title of Signer

...By .

Signature of Secured Party(ies)

Instructions for Completion of FPN-1

1. The form must be typed or legibly printed. Illegible forms will be returned.

2. Debtor Name (Block A): Enter debtor's names in the following order: last name (surname), first name, middle initial (if any), for an individual; for corporations or business names, give the complete name, using abbreviations only when the official name includes abbreviations. "Debtor" includes any person subjecting a farm product to a security interest, such as persons who subject products to a security interest for debts of others.

3. SSN or TIN (Block B): For each individual debtor, give the social security number (SSN); for each corporation, partnership or other entity, give the taxpayer identification number (TIN), where assigned. One of these numbers must appear in this box.

4. Debtor Address (Block C): Enter at least a town or city and state, with zip code, and street or box number if available. By entering a single address for multiple debtors, we assume all share the same address.

5. Secured Party name and address must be entered in Block D.

6. The three-digit product code of each farm product covered by the farm product notice must be entered in Block G. The table of product codes appears on the reverse side of this page. For any product not on the table of product codes, please contact the Secretary of State for assignment of a product code number.

7. The two-digit county code for each county in which the particular farm product is growing, is to be grown, is located, or to be located must be entered in Block H. The table of county codes appears on the reverse side of this form. If a county which is not in the table must be entered, use code 99 and describe the county on a separate, attached sheet.

8. Crop year (Block J): No entry is required if all crop years of the farm product are covered by the farm product notice. If fewer than all crop years are covered, the last two digits of each covered year should be entered. "Crop year" means

(a) for a crop grown in soil, the calendar year in which it is harvested or to be harvested;

(b) for animals, the calendar year in which they are born or acquired;

(c) for poultry or eggs, the calendar year in which they are sold or to be sold; or

(d) for bees and worms, the calendar year in which they are alive in adult form.

9. Amount and unit (Blocks K and L): No entry need be made unless less than all the farm product is covered by the farm product notice. Use the appropriate unit code to show amounts less than the entire farm product. Whenever amount is filled in, the filer must include unit as well. The table of unit codes appears on the reverse side of this page.

10. Additional information (Block M): If the county, crop year and amount do not sufficiently distinguish that part of a farm product which is covered from that which is not, an "X" should be entered in the column marked "Add. Info." Additional distinguishing information must then be entered on an attached sheet.

11. If there are not enough lines on the FPN-1 for all farm products covered by the farm product notice, the excess farm products may be entered on another FPN-1. Continue the same numbering sequence begun on the first FPN-1 on the second sheet. Ensure that all other information is included, including signatures,

12. Each individual debtor named on the FPN-1 must sign, as must the secured party, in the places indicated for those signatures. Each corporate debtor and secured party must sign by an authorized officer. Each partnership debtor and secured party must sign by a partner.

13. The fee for filing an FPN-1 is $ 5.00.

Instructions for Completion of FPN-1

1. The form must be typed or legibly printed. Illegible forms will be returned.

5. Secured Party name and address must be entered in Block D.

6. The three-digit product code of each farm product covered by the farm product notice must be entered in Block G. The table of product codes appears on the reverse side of this page.

8. Crop year (Block J): No entry is required if all crop years of thh farm product are covered by the farm product notice. If fewer than all crop years arr covered, the last two digits of each covered year should be entered.

10. Additional information (Block M): If the county, crop year and amount do not sufficiently distinguish that part of a farm product which is covered from that which is not, an "X" should be enterd in the column marked "Add. Info." Additional distinguishing information must then be entered on an attached sheet.

13. The fee for filing an FPN-1 is $ 5.00.

Farm Product Notice: Continuation, Amendment or Termination (FPN-2)

Use this form to continue, amend or terminate a previously-filed farm product notice (FPN-1). Complete instructions for its use, the fee schedule, and tables of farm products, counties, and units of amount appear on the back page of this form.

A. Document No. of financing statement to which this statement relates:

B. Debtor Name(s) and Address(es) as they appear on the FPN-1:

C. Name(s) and Address(es) of Secured Party:

CHECK APPROPRIATE BOX(ES) AND COMPLETE INFORMATION

D. Continuation - the original farm product notice between the foregoing debtor(s) and the secured party(ies) bearing the document number shown above is still effective.

E. Termination - The Secured Party(ies) no longer claim a security interest under the farm product notice bearing the document number shown above.

F. Amendment to Debtor Information:

G. Action	H. Debtor Name(s)	I. SSN/TIN	J. Debtor Address(es)
Code
....
....
....
....

K. Amendment to Coded Farm Product Information

L.	M.	N.	O.	P.	Q.	R.	S.
Item	Action	Product	County	Crop	Amount	Unit	Add.
No.	Code	Code	Code	Year	(if nec.)		Info.
....
....
....
....

UNCODED FARM PRODUCT INFORMATION

T.	U.
Item	Information
No.
. ...
....
V. Other Amendment
....
....
W. Signature(s) of Debtor		X. Signature(s) of Secured Party(ies)
....
....

Instructions for Completion of FPN-2

1. This form must be typed or legibly printed. Illegible forms will be returned.

2. Enter in Block A the document number assigned by the Secretary of State to the FPN-1 to which this FON-2 relates. The number can be found in the upper right hand corner of the FPN-1.

3. Enter in Block B the debtor name(s) in the order and form as they appear on the FPN-1. Enter the name(s) and address(es) of the secured party(ies) in Block C.

4. Check Block D for continuation statements or Block E for termination statements.

5. Amendment to debtor information:

a. If debtors are added or deleted, or if debtor name(s) or address(es) are changed, check the box at Block F.

b. If debtor is to be added, enter "A" in the box under Item Number, and new information in H, I and J.

c. If debtor is to be deleted, enter "D" in the box under Item Number, and the old information in H, I, and J.

d. If a debtor's name, social security number or taxpayer identification number, or address, changes, enter "D" under Item Number and enter the old information in H, I, and J; then enter "A" under the next Item Number and enter the new information in H, I, and J.

e. If there are more changes in debtor information than there is space on the FPN-2, attach a second FPN-2 and indicate that it is the second page of two pages.

f. Names of individual debtors must be entered last name first. Names of business entities must be entered exactly as officially designated.

6. Amended to coded information on farm products

a. Check the box indicating that coded information on farm products, is being amended, when appropriate (Block K).

b. Enter in Block L the number of the item on the FPN-1 which is to be amended from Block F on the FPN-1. If adding an entirely new line, enter in Block L the next available item number from FPN-1 Block F.

c. Enter in Block M action code "D" if a line of information on farm products is to be deleted, and reenter the information provided on the corresponding line on FPN-1.

d. Enter in Block M the action code "A" if a line is to be added, followed by the coded information in Blocks N through S.

e. If a new line of information is to rrpplace [replace] an exiting line of information, enter in Block M action code "D," followed by the old information that is to be replaced. On the next line, enter action code "A," followed by the new line of information.

f. No entry should be made in the amount space (Block Q) unless less than all of the farm product is covered. If an amount is enterd, the appropriate unit code must be entered in Block R.

g. If county, crop year, and amount do not sufficiently distinguish that part of an added farm product which is covered from that which is not, enter an "X" in the "Add. Info." column (Block S). This distinguishing information may be added in the space provided in Blocks T and U.

h. If there are not enough lines on the FPN-2 to enter all the information for amending the FPN-1, complete another FPN-2 and attach it, indicating that it is the second of two pages.

7. Other amendment section (Block V): Enter any information which materially changes the farm product notice and which cannot be covered by the amendments to debtor information and amendments to coded farm product information.

8. Each debtor covered by the farm product notice as amended must sign the FPN-2 (Block W). The secured party(ies) must sign at Block X.

9. Fees: The fee for filing an FPN-2 is $ 5.00, except when it is done for the purpose of termination. In that case there is no fee.

Farm Product Notice Request For Information or Copies (FPN-3)

Use this form to request information in writing, as opposed to a request for oral confirmation, and to request copies of farm product notices.

A. Debtor Name	B. SSN/TIN	C. Address of Debtor
....
....
....
....

D. Name and Address of Requesting Party:

E. INFORMATION REQUEST

Filing Officer: Please furnish a certificate showing whether there are on file in your office any farm product notices and ancillary statements relating to the above named debtor.

Signature of Requesting Party: ...

The undersign hereby certifies that the attach information represents a complete and correct listing of all farm product notices on filed against the above named debtor as of the date and hour on the attached sheets.

Signature of Filing Officer: ...

F. COPY REQUEST

Filing Officer: If you find any farm product notices and ancillary statements described in the foregoing request, please provide a copy of each (except for those statements indicated in the space below).

Signature of the Requesting Party: ...

The undersigned hereby certifies that the attached copies are true and exact copies of all farm product notices and ancillary statements (except for those noted below) on file in my office as of the date and hour indicated on the attached sheets.

Signature of Filing Officer: ...

INSTRUCTIONS FOR COMPLETION OF FPN-3

1. Enter in Block A the name of the debtor about whom information is sought. The name of the individual debtor must be entered last name first. The name of a business entity must be entered as the entity is officially designated. Only one debtor name may be entered.

2. Enter in Block B the social security number or taxpayer identification number, whichever is appropriate.

3. Enter in Block C the address if the information request is on an individual debtor. If the information request is on a business entity debtor, enter the address or, if the debtor has multiple addresses, enter "Any address."

4. Enter in Block D the name and address of the requesting party.

5. Check either the "Information Request" box (Block E) or both the "Information Request" and "Copy Request" (Block F) boxes. Do not check the "Copy Request" box alone.

6. If the "Copy Request" box is checked and the requesting party does not desire copies of its own financing statements, note the exceptions in the blank in the "Copy Request" box.

7. Enter the signature of the requesting party below each request which is made.

8. Do not write in the areas designated for the signature of the filing officer.

9. The form must be typed or legibly printed. Illegible forms will be returned without processing.

10. Fee: The fee for filing an FPN-3 is $ 5.00.

Registration of Buyer, Commission Merchant and Selling Agent (FPN-4)

A. Registrant's Name and Address

B. Registrant's Phone #

C. Check this box if this is a renewal of a registration

D. If this is a renewal, enter registrant's registration number: ...

E. Indicate whether you would interested in receiving copies of the alphabetical or numeric lists, or both:

Alphabetical only	Numeric Only	Both
Special selections only **

** If you marked special selections only, please indicate below which products and/or products by county you would like to have printed for you in lieu of the complete list. Please use the product and county codes to indicate your selections:

Product(s) (state as whole): ....., ....., ....., ....., ....., .....,

Products by county: Product(s) ....., ....., ....., ....., .....,

Counties: ....., ....., ....., ....., .....,

(Please use the back of this form for additional special selections if there is insufficient space on this form)

F. Fees:

		Enclosed
Alphabetical list only	$ 250.00	....
Numeric list only	$ 250.00	....
Both	$ 500.00	....
Special selections
Milk only (statewide)	150.00	....
Other products (statewide)(each)	75.00	....
Any product by county (each)	50.00	....
(For registrations made on September 1 or later in the calendar year):
Alphabetical list only	$ 100.00	....
Numeric list only	$ 100.00	....
Both	$ 200.00	....
Special selections
Milk only (statewide)	75.00	....
Other products (statewide)(each)	50.00	....
Any product by county (each)	25.00	....

G. Signature of Registrant or Registrant's Agent: .....

Instructions for Completing FPN-4

1. Enter the registrant's name and address in Block A. The name of an individual must be entered last name first and the name of a business entity must be entered exactly as the entity is officially designated. A zip code must be included in the address. Enter the registrant's phone number in Block B.

2. When an FPN-4 is filed to renew a registration, check the renewal box (Block C) and enter the registrant's registration number in Block D. The registration number is found in the lower left corner of the acknowledgment copy of the original FPN-4.

3. Each registrant will receive a complete copy of the farm product master and supplementary lists, in either alphabetical or numeric form, or both, or special selections by product statewide or by county. A registrant requesting the master list for all farm products statewide takes automatic clear title only to farm products not on the master and supplementary lists actually received. A registrant receiving special selections will take automatic clear title only to those farm products chosen as special selections which do not appear on the portion of the master list provided to the registrant. Indicate which form of the list you would prefer in Block E and check the appropriate fee in Block F.

4. Payment must be made at the time of registration.

5. The registrant or registrant's agent must sign in Block G. If the signature is not legible, please print the name below the signature.

04-002 Code Vt. R. 04-020-002-X

Effective Date: September 1987 (Secretray of Sate Rule Log #87-45)