This rule has been repealed.

This rule has been repealed.

(1) Notice of federal tax lien $ 7.00

(2) Any amendment 5.00

(3) Certificate of release/termination statement no charge

(4) Certificate of federal tax lien from the filing officer 7.00 per name

(5) If a document is rejected because of deficiencies in the filing, a reprocessing fee of 50 percent of the initial filing fee will be assessed each time the document is resubmitted.

(6) Documents filed with insufficient funds will be rejected and when refiled must be accompanied by a dollar amount that satisfies the initial filing fee and includes the 50 percent reprocessing fee.

(1) Financing statement $ 7.00

(2) Termination statement no charge

(3) Continuation statement 5.00

(4) Assignment 5.00

(5) Statement of partial release 5.00

(6) Statement adding, changing, or deleting collateral 5.00

(7) Statement adding, changing, or deleting debtor information 5.00

(8) Statement adding, changing, or deleting secured party information 5.00

(9) Any other amendment 5.00

(10) Certificate from the filing officer 7.00 per name

(11) Hookup fee for public access to Uniform Commercial Code computer system per month 25.00

(12) Copies of Uniform Commercial Code documents 5.00 per search request form

(13) All filings and fees for will be collected via electronic means, and no hard copies will be provided.

(14) Uniform Commercial Code bulk data is only available through electronic means, $1,000 per month.

(15) Certification of copies, $2.00, unless copies accompany a search certificate, then the certification fee is included in the fee for the search certificate.�

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This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) All financing statement liens under the Federal Food Security Act of 1985 must be filed electronically via the Secretary of State's Business Services Division website.

(2) The following minimum required information must be included on all effective financing statements or they will be rejected:

(a) crop year, unless every crop of the farm product in question for the duration of the effective financing statement is to be subject to the particular security interest;

(b) specific farm product name (e.g., wheat, barley, hay, cattle, horses, hogs);

(c) each county in the state where the farm product is produced or will be produced;

(d) name and address of each person (debtor) subjecting the farm product to the security interest;

(e) authorized or otherwise authenticated by the debtor;

(f) social security number or, if other than a natural person, Internal Revenue Service taxpayer identification number of each such person;

(g) further details of the farm product subject to the security interest if needed to distinguish it from other such product owned by the same person or persons, but not subject to the particular security interest;

(h) secured party name and address; and

(i) authorized or otherwise authenticated by the secured party.

(3) An amendment to an effective financing statement is required when a change would render the farm bill master list entry no longer informative as to what is subject to the security interest in question. The submission must be filed online and must include:

(a) an amendment including terminations that must be authorized or otherwise authenticated by the secured party;

(b) an amendment modifying the debtor and/or collateral information that must be authorized or otherwise authenticated by the debtor;

(i) An amendment that is a continuation statement does not require the signature of the debtor.

(c) an original filing number on file with the Secretary of State's office;

(d) only one filing number per submission;

(e) only one amendment per submission is permitted;

(f) the name of a debtor currently reflected on the Secretary of State's records for the original filing number being amended; and

(g) the name of a secured party currently reflected on the Secretary of State's records for the original filing number being amended.

(1) A Title 71 lien filing includes:

(a) farm laborer's liens;

(b) thresher's liens;

(c) crop liens for seed or grain;

(d) hail insurance liens; and

(e) spraying and dusting liens.

(2) Requirements for filing the notice of a Title 71 lien are as follows:

(a) the names and addresses of the debtor and lienor:

(b) the social security number and/or federal tax ID number for every debtor listed if the lien is to appear on the farm bill master list per 7 U.S.C. § 1631;

(c) description of lien type and its statutory authority;

(d) a collateral description specific as to the type of crop(s) covered, e.g., wheat, barley, oats (the description of grain or feed will not suffice);

(e) the county where the crop is located;

(f) notation by the Secretary of State of the date of filing; and

(g) signature of the lienor.

(1) An effective financing statement lien that meets the requirements set forth in ARM 44.6.109 and has been submitted with the appropriate filing fee(s) will appear on the farm bill master list.

(2) The secretary of state shall charge and collect the following fees for providing the farm bill master list:

(a) online access, per month $ 20.00

(b) on paper, per month           20.00

(for any report over 50 pages, the buyer will pay the vendor directly for any third party printing and shipping costs).

(1) The farm bill master list is a list of farm product liens filed in the secretary of state's office under the authority of the federal Food Security Act of 1985. Secured parties are protected only to the extent of the interest that is properly identified and filed with the office of the secretary of state. Buyers should refer to the farm bill master list before purchasing farm products to determine if a security interest exists against the product. If a security interest exists against the product being sold, the buyer is responsible for writing the check as follows:

(a) in the seller's name; and

(b) in the lender's name who holds the security interest.

(2) The farm bill master list is published on the 15th day of every month.

(3) The farm bill master list is distributed to registered buyers no later than the 20th of each month.

(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.

(1) The secretary of state provides information regarding centrally filed uniform commercial code records via requests to office staff and the secretary of state's web site. These certified searches use "standard" search logic as described below.

(2) Searches provided by the secretary of state are "exact name" searches. Only the precise name requested, with very little variation, is searched and certified.

(3) The basic standards for searching individual and entity names are that:

(a) there is no limit to the number of matches that are returned in response to a search request;

(b) no distinction is made between upper and lower case letters;

(c) punctuation marks and accents are disregarded; and

(d) spaces in any field are disregarded.

(4) Basic standards for searching individual names include:

(a) exact match of surnames and exact match of first names;

(b) middle names become an initial or blank space;

(c) first names containing only an initial become an exact match to first names beginning with that initial; and

(d) suffixes are ignored.

(5) Basic standards for searching business names include:

(a) an exact match of the name requested;

(b) "the" at the beginning of a name is disregarded;

(c) words and abbreviations that indicate the existence or nature of an entity are disregarded. These include:

(i) association;

(ii) assn;

(iii) business trust;

(iv) chartered;

(v) chtd;

(vi) co;

(vii) company;

(viii) co-op;

(ix) cooperative;

(x) corp;

(xi) corporation;

(xii) credit union;

(xiii) cu;

(xiv) fcu;

(xv) federal credit union;

(xvi) federal savings bank;

(xvii) fsb;

(xviii) gp;

(xix) general partnership;

(xx) inc;

(xxi) incorporated;

(xxii) joint stock company;

(xxiii) joint venture;

(xxiv) jsc;

(xxv) jv;

(xxvi) lc;

(xxvii) limited;

(xxviii) limited company;

(xxix) limited liability company;

(xxx) limited liability limited partnership;

(xxxi) limited liability partnership;

(xxxii) limited partnership;

(xxxiii) llc;

(xxxiv) lllp;

(xxxv) llp;

(xxxvi) lp;

(xxxvii) ltd;

(xxxviii) ltd co;

(xxxix) na;

(xl) national association;

(xli) pa;

(xlii) partnership;

(xliii) pc;

(xliv) plc;

(xlv) pllc;

(xlvi) professional association;

(xlvii) professional corporation;

(xlviii) professional limited company;

(xlix) professional limited liability company;

(I) registered limited liability partnership;

(li) rllp;

(lii) sa;

(liii) savings association; and

(liv) trust.

(6) A search of the secretary of state's database will not result in accurate findings if:

(a) first or last names are misspelled;

(b) nonuniversal identifiers are in the name and not included in the search request, such as "a Montana corporation" or "a general partnership";

(c) nicknames or shortened versions of names, i.e., if the debtor's first name is filed as "Robert," the search will not result in finding "Bob"; or

(d) plurals are used in the search but not in original filing.

(7) A search limited to a particular city may not reveal all filings against the debtor searched and the searcher bears the risk of relying on such search.

(8) Only one debtor name is permitted per search request form.

(1) Any lien notice or amendment filed online through the Secretary of State's electronic filing system will receive the effective date and time the same as it was successfully recorded in the UCC database.

(1) In addition to the requirements of 30-9A-512, MCA, the initial filing number on file with the Secretary of State must be included and only one filing number per form is permitted.

(2) Multiple amendments may not be submitted on one form.

(1) A "nonstandard" search logic is available on-line through the UCC search site. The "nonstandard" search logic results in a broader listing of debtor names being returned. The results from a "nonstandard" inquiry are not certified and should only be used to determine the name of the debtor for liens filed with the Secretary of State's office.

(a) The "nonstandard" search logic will return debtor names that contain the word(s) reflected in the registered user's search criteria.

(b) The basic "nonstandard" search logic is as follows:

(i) corporate identifiers are ignored. Refer to ARM 44.6.201(5) for list of identifiers ignored;

(ii) punctuation is ignored;

(iii) upper and lower case is ignored;

(iv) spaces are not ignored;

(v) an inquiry limited by city may not reveal all lien filings against the name being searched.