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44.6.113    DEFINITIONS AND REQUIREMENTS FOR ON-LINE FILING

(1) The following definitions apply for filing Uniform Commercial Code liens on-line:

(a) "submitter" is a person or entity that files a Uniform Commercial Code lien on-line;

(b) "compliance officer" is a person who works in the secretary of state's office who is qualified to certify that a lien document meets the requirements of the law;

(c) "registered user" is a person or entity who is registered with a private vendor to file liens using the on-line filing system available through internet technology.

(2) Fees and payment methods for on-line filing of Uniform Commercial Code liens are published on-line by the private vendor.

(3) Liens filed through the use of internet technology are considered to be liens filed on-line.

(4) The following liens are acceptable for on-line filing:

(a) initial financing statements that meet the requirements of Title 30, chapter 9A, MCA;

(b) effective financing statements that meet the requirements of the federal Food Security Act of 1985.

(i) An effective financing statement lien may be filed electronically without the signature of the debtor and secured party.

(ii) If an original or reproduced paper document is filed, the lien must be signed by the secured party and the debtor, and be filed by the secured party.

(5) The following liens are unacceptable for on-line filing:

(a) transmitting utility liens;

(b) notice of child support liens;

(c) notice of federal tax liens; and

(d) Title 71 liens.

(6) On-line filing is available between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday.

(7) On-line filing is not available on weekends or state holidays, or between 7:01 p.m. and 6:59 a.m. each working day.

(8) Submitters will be notified on-line if on-line filing is not available due to technology problems.

(9) The following requirements must be met in order to successfully complete an on-line 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.

(10) A Uniform Commercial Code document that is successfully completed and submitted on-line will be considered filed upon receipt by the secretary of state's office.  The on-line technology application will insure the document is properly completed prior to acceptance.  The submitter will be notified by an on-line message if required fields are not properly completed.  A message confirming successful completion and acceptance will appear on-line when the filing is accepted.

(11) Submitters should print and retain their acknowledgement message as proof that the on-line filing was received by the secretary of state's office. The acknowledgement message will contain a unique filing number, filing date and time, filing type, debtor(s) information, secured party(ies) information and filing language.

(12) The following on-line filings will be rejected:

(a) a filing that is not machine readable; or

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

(13) The submitter will be notified by an on-line message 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.

(14) The date and time a successfully submitted on-line filing is considered to be effective is the date and time the document was accepted on-line by the secretary of state's office.

History: Sec. 30-9A-526, MCA; IMP, 30-9A-502 and 71-3-125, MCA; NEW, 2003 MAR p. 1894, Eff. 8/29/03.

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