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(1) All Uniform Commercial Code (UCC) liens must be filed electronically via the Secretary of State's Business Services Division website.

(2) The following definitions apply for filing UCC liens and amendments online:

(a) "B2B" means business to business filings.

(b) "ePass" is the state of Montana's online access portal.

(c) "PCI" means payment card industry.

(d) "Signature" means an electronic signature.

(e) "SOS Enterprise" is the Secretary of State's online information management system.

(f) "Submitter" is a person or entity who, after having been authenticated to SOS Enterprise via ePass, is able to file lien notices or amendments or perform lien searches online.

(3) Fees and payment methods for online filing of UCC liens and the federal farm bill liens and amendments are by credit and/or debit card.

(4) An effective financing statement lien and amendment shall be filed electronically.

(5) Online filing is available 24 hours a day, seven days a week except during predetermined system maintenance and then users will be notified online of maintenance schedule.

(6) Submitters will be notified online if online filing is not available due to technology problems.

(7) The following requirements must be met in order to successfully complete an online lien filing:

(a) the requirements set forth under Title 30, chapter 9A, MCA; or

(b) the requirements set forth under the federal Food Security Act of 1985.

(8) UCC and effective financing statement lien notices or amendments that are successfully completed and submitted online will be considered filed once payment has successfully been completed by the submitter. The structure of the online screens will guide the submitter while ensuring the notice or amendment adheres to all rules, laws, and regulations that govern the document. The submitter is notified if the information entered does not adhere to the requirements that govern lien notices and amendments. A message confirming successful completion and acceptance will appear online when the filing is accepted.

(9) Submitters should print and retain their acknowledgement and the filed document as proof that the online filing was received and recorded by the Secretary of State's office. The acknowledgement will contain a unique filing number, filing date and time, filing type, debtor(s) information, secured party(ies) information, and filing language.

(10) The following online filings will be rejected:

(a) a filing that is not machine readable when submitted via the B2B submission method; or

(b) a filing considered to be improper under 30-9A-420, MCA.

(11) The submitter will be notified if their document is rejected. If a filing is later determined to be improper under 30-9A-420, MCA, the Secretary of State's office will notify the submitter of the rejection.

(12) The date and time a successfully submitted online filing is considered to be effective is the date and time the document was accepted online by the Secretary of State's office.


History: 2-15-404, 30-9A-526, MCA; IMP, 2-15-401, 2-15-404, 30-9A-502, 71-3-125, MCA; NEW, 2003 MAR p. 1894, Eff. 8/29/03; AMD, 2013 MAR p. 1119, Eff. 6/21/13; AMD, 2015 MAR p. 1764, Eff. 10/16/15; AMD, 2019 MAR p. 1532, Eff. 9/7/19.

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