(1) The following definitions apply for filing Uniform Commercial Code (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) "SIMS" is the Secretary of State's online information management system.

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

(2) 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.

(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) 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 by SIMS 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 by SIMS.

(10) 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.

(11) 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.

(12) 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.

(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.