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Uniform Commercial Code Filing

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Uniform Commercial Code Filing Instructions

This service permits Uniform Commercial Code (UCC) filing statements to be made with the Department of Commerce, Division of Corporations and Commercial Code. Filers may submit debtors, secured parties, and collateral descriptions.

Once you select Start Filing, you will need to enter the information for the individual or organization submitting the filing. You will then be directed through a 6-step process.

1. Select Debtor Type - Select the debtor type for which you are filing a financing statement, and, if desired, select an "Optional Designation". Click the Continue button to proceed.

2. Debtor Information - Carefully enter EXACT information on the debtor, as it will appear in the PERMANENT record. If more than one debtor click quot;Add Additional Debtors". When debtor(s) entries are complete click the Continue button to proceed.

3. Review Debtor Information - You will see a listing of the Debtors you have entered. Review your listing and modify if and where appropriate. Click the Continue button to proceed.

4. Enter Secured Party Information - Carefully enter EXACT information on the secured party, as it will appear in the PERMANENT record. An incorrect filing can jeopardize your secured party status. If more than one secured party click "Add Additional Secured Parties". When secured party entries are complete click the Continue button to proceed.

5. Enter Collateral Information - Carefully enter EXACT information in ASCII text format on the secured party, as it will appear in the PERMANENT record. All non-ASCII text will be stripped from the collateral description for your review. There is a 4,000 character (with space and punctuation) limitation per page. Should additional collateral be needed click "Add Additional Collateral" and an additional 4,000 character collateral box will appear. Click the Continue button to proceed.

6. Review Information and Fees - You will see a listing of the information included in your financing statement. Review your listing and modify if and where appropriate. To delete a transaction, check the box next to the transaction type and select the Delete button. If you have no more transactions to add, then select the Continue button.

Once you click Submit Filing, you will need to agree to the terms of filing a UCC document. If you agree click continue. Please choose method of payment e.g. Credit Card or Subscriber account) then click continue. After providing method of payment you will then be able to download, view and print an acknowledgement of filing. The Division of Corporations and Commercial Code will NOT send an acknowledgement. Your filing will be available for viewing on the UCC search database immediately after submission.

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In Lieu of Filing Instructions

Under Revised Article 9, effective July 1, 2001, the filing jurisdiction for most UCC filings has changed from the location of the collateral to the jurisdiction where the debtor is organized.

For debtors organized in Utah, the jurisdiction for filing changed on July 1, 2001 from the county where the collateral is located to the Utah Department of Commerce, Division of Corporations.

A filing which was made before July 1 2001 in a jurisdiction, and is still effective, is called a pre-effective-date financing statement in Revised article 9.

If a pre-effective-date financing statement must be continued or amended, filing an initial financing statement in the new jurisdiction of the debtor does this. This initial filing statement is commonly called an "In-lieu" filing statement. The new filing will get a new file number and file date.

An in-lieu filing must (a) satisfy all the requirements of an initial financing statement, UT 70A-9a-(501-527), and must additionally include the information required in UT 70A-9a-706(3). In particular, it must contain the names of all current debtors and secured parties, and must contain a statement of the collateral covered, by restating the collateral in the collateral box, and by (b) identifying the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement filed with respect to the financing statement. (c) Indicate that the pre-effective-date financing statement remains effective. i>This must be done, because the original jurisdiction is not required to keep a copy of the filing after it lapses.

Failure to provide the additional information could affect the priority of the filing. Rather than receiving the date of the original filing, the filing would get the date it was filed with the Utah Department of Commerce, Division of Corporations.

All in-lieu filings are effective for a period of 5 years from the original filing date. A continuation or amendment of an existing filing can be made any time after July 1, 2001 and before the filing lapses.

If you wish to amend a pre-effective-date filing, you can do it in either of two ways. You can file the in-lieu filing with the current information. UT 70A-9a-707(3), or you can file an in-lieu filing with the existing information, followed by an amendment containing the new information.

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Continuation Filing Instructions

1. When filing a UCC Amendment Continuation online it is necessary to have the NEW filing number in order to file the Continuation. Should the new number be unavailable please search under the OLD file number (with the hyphen: example: 98-123456) at: https://secure.utah.gov/uccsearch.

2. Verify that the file number entered is the correct file to be continued then press "File Continuation."

3. Enter Filer's Information including email address, press "Continue."

4. Verify that the continuation date is the correct date.

5. Once you click Submit Filing, you will need to agree to the terms of filing a UCC document. If you agree click continue. Please choose method of payment (e.g. Credit Card or Subscriber account) then click continue. After providing method of payment you will then be able to download, view and print the "Acknowledgement of Filing." The Division of Corporations and Commercial Code will NOT send an acknowledgement. Your filing will be available for viewing on the UCC search database immediately after submission.

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Termination Filing Instructions

1. When filing a UCC Amendment Termination online it is necessary to have the NEW filing number in order to file the Termination. Should the new number be unavailable please search under the OLD file number (with the hyphen: example: 98-123456) at: https://secure.utah.gov/uccsearch.

2. Verify that the file number entered is the correct file to be Terminated then press "File Termination."

3. Enter Filer's Information including email address, press "Continue."

4. Download, view and print the "Acknowledgement of Filing." The Division of Corporations and Commercial Code will NOT send an acknowledgement. Your filing will be available for viewing on the UCC search database immediately after submission.

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