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Utah Administrative Code (Current through November 1, 2019) |
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R154. Commerce, Corporations and Commercial Code |
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R154-1. Central Filing System for Agriculture Product Liens |
| R154-1-1. Incorporation by Reference |
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The Department of Commerce, Division of Corporations and Commercial Code (hereinafter "Division") incorporates by reference in its entirety 9 CFR Part 205 1992, entitled "Protection for Purchasers of Farm Products," which was developed by the Secretary of Agriculture to fulfill the Secretary's responsibility under Section 1324 of the Food Security Act of 1985, P.L. 99-198. |
| R154-1-2. Official Filing Office |
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The system operator for the Central Filing System is the Division. All filings of any Effective Financing Statement, amendment thereto, or continuation thereof, are filed with the above Division. There are no other agencies of the State of Utah for filing. |
| R154-1-3. Master List |
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The secured party must refile all liens on farm products produced in Utah presently on file in the Uniform Commercial Code Section of the Division in the Central Filing System on or before December 24, 1986, to protect the security interests of the secured party. Products not produced in Utah cannot be registered in the Central Filing System. The Division shall publish the first Master List 30 days after December 24, 1986. |
| R154-1-4. Central Filing System (CFS) |
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Any filings in the Central Filing System must be filed on a CFS-1 form. Each filing must bear the signature of the debtor or be accompanied by a copy of the UCC-1 financing statement, certified by an employee of the secured party, showing filing date and the debtor's signature. Any CFS filing will be effective for a period of five years from the date of filing. Continuation CFS filings will extend the CFS filing for an additional five year period. |
| R154-1-5. Collateral of Crop Year |
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Any filing which does not specify a particular crop year as to any one or more of the described farm products, shall be deemed to include all described farm products existing as of the date of filing together with all described farm products born, acquired or grown during the effective period of such filing. |
| R154-1-6. Recording of Effective Filing Statement |
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The Division shall not record Effective Filing Statements received in the office after 4:00 p.m. until the next business day. |
| R154-1-7. Fees |
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The Division shall charge fees for the use of the Central Filing System according to Section 63J-1-301. Fees shall be reasonable and fair, and shall reflect the costs of the services provided. The specific fees charged are posted at the Division offices or may be obtained by calling the Division offices. |
| R154-1-9. Searches |
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Requests for information about any EFS filings will only be accepted by debtor name, debtor tax identification number or debtor social security number or by Effective Filing Statement file number. |
| R154-1-10. Telephone Requests |
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Telephone requests for information concerning Central Filing System filings are limited to three inquiries per call. |
| R154-1-11. Requests for Certified Copies |
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Requests for certified copies of Central Filing System files must be received in writing on Form CFS-2. |
| R154-1-12. Application for CFS Master List |
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An applicant must register with the Division each year using Form CFS-4 to receive the CFS Master List and update. Registrations will expire at 5:00 p.m. on the last business day of the registration year. |
| R154-1-13. Change of Address |
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Registrants must notify the Division of any change of address by filling out a new registration form CFS-4 in order to continue to receive copies of the Central Filing System Master List. |
| R154-1-14. Distribution of Master List |
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The Division shall distribute the Utah State Central Filing System Master List at the beginning of each month, followed by a Master List update on the 15th of the same month. The Division shall distribute the Master List and Master List update to all current registrants. 1. New Effective Financing Statement filings only appear in the latest edition of the Master List or its update if filed with the Division before the cut-off deadline. The deadline for the monthly Master List update is filings made by 4:00 p.m. on the 15th day of the month. If the deadline falls on a weekend, holiday or other non-business day, the deadline will be the next business day after the normal deadline. 2. The Division shall mail Master Lists and update to registrants within five business days after the deadline day. |
| R154-1-15. Mailing of Master List |
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The Division shall distribute all Central Filing System Master Lists and Central Filing System Master List Updates to current registrants by U.S. Post Office First Class Mail. The Division shall require registrants residing in a state requiring notification by other than First Class Mail to pay any additional costs for mailing other than First Class Mail as a part of their registration filing. |
| R154-1-16. Notification of Registrants |
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Registrants will be considered notified if: 1. The Division has mailed the list by First Class Mail by the deadline; 2. The Division has not received notice from the registrant of non-receipt of the list by 4:00 p.m. on the fifth business day after the distribution date. 3. Registrants notifying the Division of non-receipt will receive a new list by next day mail sent the same day as notice is given to the Division. |