R154-2-101. Means to Deliver UCC Records; Time of Filing

  (1)(a) Subsection R154-2-101(1)(b) does not apply to:

  (i) an initial financing statement that is being filed in connection with:

  (A) a manufactured-home; or

  (B) a public-finance transaction; or

  (ii) a financing statement that is filed:

  (A) against a debtor that is a transmitting utility; and

  (B) in order to affect the filing office's determination of a lapse date under Subsection R154-2-307(3) or R154-2-308.

  (b) UCC records other than those identified in Subsection R154-2-101(1)(a) may be tendered for filing at the filing office as follows:

  (i) Personal delivery by the Remitter or by an agent of the Remitter.

  (A) The filing shall be tendered at the filing office's physical location.

  (B) The time of filing shall be the time delivery is taken by the filing office.

  (C) To utilize personal delivery, the Remitter shall remain at the filing office for a determination of whether the UCC record will be taken.

  (D) A filing tendered by personal delivery may subsequently be rejected by the filing office.

  (ii) Courier delivery by a person other than the Remitter or an agent of the Remitter.

  (A) The filing shall be tendered at the filing office's physical location.

  (B) If delivered when the filing office is open for business, the time of filing shall be the earlier of:

  (I) the time the UCC record is first examined by the filing office for processing; or

  (II) the next close of business following the time of delivery.

  (C) If delivered when the filing office is not open for business, the time of filing shall be the earlier of:

  (I) the time the UCC record is first examined by the filing office for processing; or

  (II) close of business on the next day following the time of delivery and on which the filing office is open for business.

  (D) A filing tendered by courier may subsequently be rejected by the filing office.

  (iii) Postal service delivery.

  (A) The filing shall be mailed to the filing office's mailing address.

  (B) If delivered when the filing office is open for business, the time of filing shall be the next close of business following the time of delivery.

  (C) If delivered when the filing office is not open for business, the time of filing shall be the close of business on the next day following the date of delivery and on which the filing office is open for business.

  (D) A filing tendered by postal service delivery may subsequently be rejected by the filing office.

  (iv) Electronic mail.

  (A) The filing shall be submitted to the filing office's e-mail address.

  (B) If submitted when the filing office is open for business, the time of filing shall be the earlier of:

  (I) the time the UCC record is first examined by the filing office for processing; or

  (II) the next close of business following the time of submission.

  (C) If submitted when the filing office is not open for business, the time of filing shall be the earlier of:

  (I) the time the UCC record is first examined by the filing office for processing; or

  (II) the close of business on the next day following the time of submission and on which the filing office is open for business.

  (D) A filing tendered by electronic mail may subsequently be rejected by the filing office.

  (v) Telefacsimile delivery.

  (A) The filing shall be faxed to the filing office's fax filing telephone number.

  (B) If faxed when the filing office is open for business, the time of filing shall be the earlier of:

  (I) the time the UCC record is first examined by the filing office for processing; or

  (II) the next close of business following the time of submission.

  (C) If faxed when the filing office is not open for business, the time of filing shall be the earlier of:

  (I) the time the UCC record is first examined by the filing office for processing; or

  (II) the close of business on the next day following the time of submission and on which the filing office is open for business.

  (D) A filing tendered by telefacsimile delivery may subsequently be rejected by the filing office.

  (vi) Electronic filing -- XML format.

  (A) This Subsection R154-2-101(1)(b)(vi) does not apply to:

  (I) information statements; and

  (II) filing officer statements.

  (B) To submit an electronic filing in XML format, a Remitter shall first contact the filing office:

  (I) to become an authorized XML Remitter; and

  (II) to obtain the filing office implementation guide prescribing the XML Format acceptable for use.

  (C) The time of filing shall be the time that the filing office's UCC information management system analyzes the relevant transmission and determines that all required elements of the transmission have been received in a required format and are machine-readable.

  (vii) Electronic filing -- ANSI X12 154 format.

  (A) To submit an electronic filing in ANSI X12 154 format, a Remitter shall first contact the filing office to obtain the filing office implementation guide prescribing the use of ANSI X12 154.

  (B) The time of filing shall be the time the on-line system acknowledges entry of all required elements of the UCC record in the proper format.

  (viii) Electronic filing -- web page data entry.

  (A) To submit an electronic filing through the filing office's website, a Remitter shall follow the data entry and payment procedures provided at http://corporations.utah.gov/ucc-cfs/ucc.html.

  (B) The time of filing shall be the time the on-line system acknowledges entry of all required elements of the UCC record in the proper format.

  (2)(a) This Subsection R154-2-101(2)(b) applies to:

  (i) an initial financing statement that is being filed in connection with:

  (A) a manufactured-home; or

  (B) a public-finance transaction; or

  (ii) a financing statement that is filed:

  (A) against a debtor that is a transmitting utility; and

  (B) in order to affect the filing office's determination of a lapse date under Subsection R154-2-307(3) or R154-2-308.

  (b) To file a UCC record identified in this Subsection R154-2-101(2)(a), a Remitter shall:

  (i) check the appropriate box on a UCC1 Financing Statement filed with respect to the financing statement; or

  (ii) transmit the requisite information in the proper field in the applicable electronic filing.

  (3) Means of communication.

  (a) Regardless of the method of delivery, information submitted to the UCC filing office shall be communicated in the form of characters that are:

  (i) defined in a character set forth in this Subsection R154-2-101; or

  (ii) otherwise determined by the filing office to be acceptable.

  (b) A financing statement or amendment form shall designate separate fields for:

  (i) organization name(s) and individual name(s); and

  (ii) the surname, first personal name, additional name(s)/initial(s), and suffix(es) for individual name(s).