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(a) A UCC record is entitled to be filed if
(1) it is legible and capable of being copied and converted into legible form by a machine used in the filing office;
(2) it is accompanied by the fee for filing, as set out in 11 AAC 05.010(a) (15);
(3) it is submitted on
(A) forms available through the department and designated for UCC record filing;
(B) forms on the department's internet web site for online filing, if available; or
(C) the applicable form specified in AS 45.29.521 ;
(4) for a UCC record that is an initial financing statement, the record
(A) identifies the debtor as an individual or an organization, and, if the debtor is an organization, provides
(i) a type of organization for the debtor;
(ii) a jurisdiction of organization for the debtor; or
(iii) an organizational identification number for the debtor or indicate that the debtor does not have an organizational identification number;
(B) contains the name and address of each debtor and secured party; and
(C) contains the legible printed or typed names of all parties required to be indexed;
(5) for a UCC record that is an amendment or correction statement to an active initial financing statement in the UCC central filing office, the record contains the complete file number of the initial financing statement; and
(6) for a UCC record that is an amendment, other than a continuation, to an active initial financing statement previously filed in a recording district office or a correction statement to an initial financing statement previously filed in a recording district office, the record contains the complete file number of the initial financing statement, the date that statement was filed, the debtor name, the name of the secured party or representative of the secured party, and the name of the recording district in which the amendment or correction statement is to be filed.
(b) Initial financing statements that are fixture filings and amendments of those filings under AS 45.29.501 (a)(1) are subject to AS 40.17.030 , AS 45.29.502 (b), and 11 AAC 06.040.
(c) UCC records may be tendered for filing at the filing office as follows:
(1) personal delivery, at the filing office's street address; the file time for a UCC record delivered by this method is when the delivery and the record are accepted by the filing office and the record is filed;
(2) courier delivery, at the filing office's street address; the file time for a UCC record delivered by this method is, notwithstanding the time of delivery, the time the record is accepted and filed;
(3) postal service delivery, to the filing office's mailing address; the file time for a UCC record delivered by this method is the time the record is accepted and filed;
(4) telefacsimile delivery, to the filing office's facsimile number, if available at that office; the file time for a UCC record delivered by this method is, notwithstanding the time of transmission of the telefacsimile, the time the record is accepted and filed;
(5) online filing, through the department's Internet web site, if available; the file time for a UCC record delivered by this method is, notwithstanding the time of submission of the electronic filing, the time the record is accepted and filed.
(d) A UCC record delivered by a method provided in this section after regular business hours or on a day the filing office is not open for business shall be processed on the next day the filing office is open for business.
History: Eff. 8/23/2001, Register 159; am 4/2/2004, Register 169
Authority: AS 44.37.027
Editor's note: Forms referenced in 11 AAC 06.051(a) (3) are available from the Department of Natural Resources' Internet web site at www.dnr.state.ak.us/ucc/. Forms are also available at any district recording office or at the UCC Central Filing Office, Department of Natural Resources, 550 West 7th Ave., Suite 1200A, Anchorage, Alaska 99501-3564.
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Last modified 7/05/2006