Okla. Stat. tit. 12A § 1-9-519

Current through Laws 2024, c. 453.
Section 1-9-519 - Numbering, maintaining, and indexing records; communicating information provided in records
(a) For each record filed in a filing office, the filing office shall:
(1) assign a unique number to the filed record;
(2) create a record that bears the number assigned to the filed record and the date and time of filing;
(3) maintain the filed record for public inspection; and
(4) index the filed record in accordance with subsections (c), (d), and (e) of this section.
(b) A file number assigned by the county clerk of Oklahoma County after July 1, 2001, must include a digit that:
(1) is mathematically derived from or related to the other digits of the file number; and
(2) aids the filing office in determining whether a number communicated as the file number includes a single-digit or transpositional error.
(c) Except as otherwise provided in subsections (d) and (e) of this section, the filing office shall:
(1) index an initial financing statement according to the name of the debtor and shall index all filed records relating to the initial financing statement in a manner that associates with one another an initial financing statement and all filed records relating to the initial financing statement; and
(2) index a record that provides a name of a debtor which was not previously provided in the financing statement to which the record relates also according to the name that was not previously provided.
(d) If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, it must be filed for record and the filing office shall index it:
(1) under the names of the debtor and of each owner of record shown on the financing statement as if they were the mortgagors under a mortgage of the real property described; and
(2) to the extent that the law of this state provides for indexing of records of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee thereunder, or, if indexing is by description, as if the financing statement were a record of a mortgage of the real property described.
(e) If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, the filing office shall index an assignment filed under subsection (a) of Section 1-9-514 of this title or an amendment filed under subsection (b) of Section 1-9-514 of this title:
(1) under the name of the assignor as grantor; and
(2) to the extent that the law of this state provides for indexing a record of the assignment of a mortgage under the name of the assignee, under the name of the assignee.
(f) The filing office shall maintain a capability:
(1) to retrieve a record by the name of the debtor and:
(A) if the filing office is described in paragraph (1) of subsection (a) of Section 1-9-501 of this title, by the file number assigned to the initial financing statement to which the record relates, the date that the record was filed or recorded, and the legal description of the real estate adequate for the purposes of indexing in the tract indexes of the county where the real estate is situated; or
(B) if the filing office is described in paragraph (2) of subsection (a) of Section 1-9-501 of this title, by the file number and date of the initial financing statement to which the record relates; and
(2) to associate and retrieve with one another an initial financing statement and each filed record relating to the initial financing statement.
(g) The filing office may not remove a debtor's name from the index until one (1) year after the effectiveness of a financing statement naming the debtor lapses under Section 1-9-515 of this title with respect to all secured parties of record.
(h) The filing office shall perform the acts required by subsections (a) through (e) of this section at the time and in the manner prescribed by filing-office rule, but not later than two (2) business days after the filing office receives the record in question.
(i) Subsection (b) of this section does not apply to a filing office described in paragraph (1) of subsection (a) of Section 1-9-501 of this title.

Okla. Stat. tit. 12A, § 1-9-519

Added by Laws 2000 , SB 1519, c. 371, § 97, eff. 7/1/2001.

Oklahoma Code Comment

This section is derived in part from former sections 9-403(4), (7) and 9-405(2) with the remainder being new to Article 9. The Oklahoma statute generally follows the uniform text, except for additional language added at section 9- 519(f)(1)(A) and (f) ( 1)(B) that addresses indexing requirements unique to recording in the counties of Oklahoma, such as legal description of the real estate adequate for the purposes of indexing in the tract indexes and the date of the initial filing to which the record relates.

This section states the requirements and standards to which filing offices must conform in order to comply with section 9-519 . It should be noted that the Oklahoma UCC Central Filing Office, maintained by the Oklahoma County Clerk, has promulgated Filing Office Rules as required in section 9-526 to aid in conforming to the requirements of section 9-519 but these rules do not apply to other local counties as promulgated. Compared to former Article 9 this Section increases the amount of information available to those who search the public records. The rule also contemplates that the searcher, not the UCC Central Filing Office, will determine the significance and effectiveness of filed records.

The Oklahoma UCC Central Filing Office currently provides, to users of the Central Filing Public Access System, the ability to conduct a search by debtor name, secured party name, file number, date range, or file type. UCC financing statements that are terminated are indicated as such and identified by a termination number and date.