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44.6.113    DEFINITIONS AND REQUIREMENTS FOR ONLINE FILING

(1) The following definitions apply for filing Uniform Commercial Code liens and amendments online:

(a) "submitter" is a person or entity that files a Uniform Commercial Code document online;

(b) "compliance technician" 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 state and federal laws.

(2) Fees and payment methods for online filing of Uniform Commercial Code liens are by credit and/or debit card.

(3) Lien documents filed through the use of internet technology are considered to be liens filed online.

(4) The following liens are acceptable for online filing:

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

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

(i) An effective financing statement lien and amendment 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 authorized or authenticated by the debtor, and be filed by the secured party.

(5) The following liens are unacceptable for online filing:

(a) notice of child support liens;

(b) notice of federal tax liens; and

(c) Title 71, MCA, liens.

(6) 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.

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

(8) 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.

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

(10) Submitters should print and retain their acknowledgement message as proof that the online 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.

(11) The following online 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.

(12) The submitter will be notified by an online 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.

(13) 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: 30-9A-526, MCA; IMP, 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.

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