Statutes, codes, and regulations
Wyoming Administrative Code
Agency 002 - Secretary of StateSubagency 0001 - Article 9 Secured Transactions
Chapter 2 - ACCEPTANCE AND REFUSAL OF DOCUMENTS
Section 2-1 - Duty to File

002-2 Wyo. Code R. § 2-1

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Current through April 27, 2019
Section 2-1 - Duty to File

(a) The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial and the filing office bears no responsibility for the legal effectiveness of a filing. In accepting for filing or refusing to file a UCC record pursuant to these rules, the filing officer does none of the following:

  • (i) Determine the legal sufficiency or insufficiency of a document.
  • (ii) Determine that a security interest in collateral exists or does not exist.
  • (iii) Determine that information in the document is correct or incorrect, in whole or in part.
  • (iv) Create a presumption that information in the document is correct or incorrect, in whole or in part.

(b) Nothing in these rules prevents nor requires a filing officer from communicating to a remitter that the filing officer noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing.

(c) If a remitter demonstrates to the satisfaction of the filing officer that a UCC record that was refused for filing should have been filed, the filing officer will file it and the effective date and time of filing which shall be the date and time the UCC record was originally tendered for filing.

(d) If the filing officer finds grounds to refuse a UCC document, the filing officer shall return the document and communicate in writing the reasons for the rejection and the filing officer shall return or refund the filing fee.

(e) The filing office shall require a remitter to provide the collateral description in a plain text file format if the collateral description exceeds 300 characters on a new UCC filing (UCC1) or an amendment to an existing UCC filing (UCC3). The collateral description may be provided via email, on a CD or USB flash drive or other media approved by the Secretary of State.

(f) Pursuant to the authority listed in W.S. 34-1-9 -516(b), the filing officer shall reject a UCC record if the requirements of Section 1(e) of this Chapter are not met.

002-2 Wyo. Code R. § 2-1