Chapter DFI-CCS 1
UNIFORM COMMERCIAL CODE SECTION
DFI-CCS 1.01 Definitions. DFI-CCS 1.02 Place to file. DFI-CCS 1.03 Filing office identification. DFI-CCS 1.04 Electronic mail and facsimile. DFI-CCS 1.05 Office hours. DFI-CCS 1.06 UCC document delivery. DFI-CCS 1.07 Search request delivery. DFI-CCS 1.08 Approved forms. DFI-CCS 1.09 Form - UCC search. DFI-CCS 1.11 Methods of payment. DFI-CCS 1.12 Underpayment. DFI-CCS 1.13 Public records services. DFI-CCS 1.14 Fees for public records services. Ch. DFI-CCS 1 NoteNote: Chapter DFI-CCS 1 was created as an emergency rule effective 10-24-01. Chapters DFI-CCS 1 to 7 replace rules of the Secretary of State in ch. SS 3. DFI-CCS 1.01(1)(1) “Active filing” means a UCC document that has not reached the one-year anniversary of its lapse date. DFI-CCS 1.01(2)(2) “Amendment” means a UCC document that amends the information contained in a financing statement. Amendment includes an assignment, continuation and termination. DFI-CCS 1.01(3)(3) “Assignment” means an amendment that assigns all or part of a secured party’s power to authorize an amendment to a financing statement. DFI-CCS 1.01(5)(5) “Correction statement” filed under s. 409.518, Stats., means a UCC document that indicates that a financing statement is inaccurate or wrongfully filed. DFI-CCS 1.01(6)(6) “Department” means the department of financial institutions. DFI-CCS 1.01(8)(8) “Filing agent of the department” means any office duly authorized by the department to receive documents under ch. 409, Stats. DFI-CCS 1.01(9)(9) “Filing office” means the department or a filing agent of the department. DFI-CCS 1.01(11)(11) “Filing officer statement” means a statement of correction entered into the filing office’s information management system to correct an error by the filing officer. DFI-CCS 1.01(13)(13) “Inactive filing” means a UCC record that has reached the first anniversary of its lapse date. DFI-CCS 1.01(14)(14) “Index” means information that is entered into the filing office’s information management system to create a means by which to retrieve filing information. DFI-CCS 1.01(15)(15) “Individual” means a human being, or a decedent in the case of a debtor that is the decedent’s estate. DFI-CCS 1.01(16)(16) “Initial financing statement” means a UCC document containing the information required to be in an initial financing statement and that causes the filing office to establish the initial record of existence of a financing statement that does not identify itself as an amendment or identify an initial financing statement. DFI-CCS 1.01(17)(17) “Lapse date” means the expiration date for an initial financing statement set forth in s. 409.515, Stats. DFI-CCS 1.01(18)(18) “Lapsed filing” means a UCC document that has reached its expiration date. DFI-CCS 1.01(20)(a)(a) The standard initial financing statement (“UCC1”) which includes two or more UCC financing statement addendums (“UCC1ad”), or the standard amendment (“UCC3”) which includes two or more UCC amendment addendums (“UCC3ad”) as set forth in Wis. Stat. s. 409.521. DFI-CCS 1.01(21)(21) “Organization” means a legal person that is not an individual. DFI-CCS 1.01(22)(22) “Remitter” means a person who tenders a UCC document to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the document for filing. “Remitter” shall not include a person responsible merely for the delivery of the document to the filing office, but may include a service provider who acts as a filer’s representative in the filing process. DFI-CCS 1.01 NoteNote: The postal service and a courier service are merely responsible for the delivery of the document to the filing office.
DFI-CCS 1.01(25)(25) “Standard UCC filing” means any writing presented to a filing officer for filing, presented on an 8 1/2 x 11 inch standard UCC form as set forth in s. 409.521, Stats., which may include the following: DFI-CCS 1.01(29)(29) “UCC document” means an initial financing statement, an amendment, an assignment, a continuation, a termination or a correction statement. The word “document” in the term “UCC document” shall not be deemed to refer exclusively to paper or paper-based writings. DFI-CCS 1.01 NoteNote: This definition is used for the purpose of chs. DFI-CCS 1 to 7 only. The use of the term “UCC document” in these chapters shall have no relation to the definition of the term ”document” in s. 409.102 (1)(hg), Stats. UCC documents may be expressed or transmitted electronically or through media other than these writings. DFI-CCS 1.01(31)(31) “XML” means eXtensible Markup Language. XML is a language for storing data and metadata. DFI-CCS 1.01(32)(32) “XML document” means a UCC document transmitted from a remitter to the filing officer in XML format and via techniques authorized under this rule. DFI-CCS 1.01 HistoryHistory: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02; CR 23-026: am. (20) (a) Register February 2024 No. 818, eff. 3-1-24. DFI-CCS 1.02DFI-CCS 1.02 Place to file. The filing office shall be the office for filing UCC documents relating to all types of collateral except for timber to be cut, as-extracted collateral as set forth in s. 409.102 (1) (bg), Stats., and, when the relevant financing statement is filed as a fixture filing, goods which are or are to become fixtures. Regardless of the nature of the collateral, the filing office shall be the office for filing all UCC documents where the debtor is a transmitting utility. DFI-CCS 1.02 HistoryHistory: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02. DFI-CCS 1.03DFI-CCS 1.03 Filing office identification. The filing office shall disseminate information of its location, mailing address, telephone numbers, and its Internet and other electronic addresses. DFI-CCS 1.03 HistoryHistory: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02. DFI-CCS 1.04(1)(1) Except as authorized by the department, electronic mail shall not be used for filing UCC documents or for requesting searches of the records of financing statements. DFI-CCS 1.04(2)(2) Facsimile shall not be used for filing UCC documents or for requesting searches of the records of financing statements. DFI-CCS 1.04 HistoryHistory: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02. DFI-CCS 1.05DFI-CCS 1.05 Office hours. Office hours shall be from 7:45 a.m. until 4:30 p.m. There shall be no office hours on state legal holidays. The office shall receive transmissions electronically 24 hours every day of the year, except for scheduled maintenance and unscheduled interruptions of service. DFI-CCS 1.06DFI-CCS 1.06 UCC document delivery. UCC documents shall be tendered for filing at the filing office by any of the following: DFI-CCS 1.06(1)(1) When filed by personal or courier delivery at the filing office’s street address, the file time shall be the time of delivery even though the UCC document may not yet have been accepted for filing and may subsequently be rejected. A UCC document delivered after regular business hours or on a day the filing office is not open for business shall have a filing time of the start of business on the next day the filing office is open for business. DFI-CCS 1.06(3)(3) When filed by postal service delivery, the file time shall be the date and time of actual arrival in the filing office, even though the UCC document may not yet have been accepted for filing and may subsequently be rejected. A UCC document delivered after regular business hours or on a day the filing office is not open for business shall have a filing time of the start of business on the next day the filing office is open for business. DFI-CCS 1.06(4)(a)(a) When available, UCC documents may be transmitted electronically by any of the following: DFI-CCS 1.06(4)(a)2.2. Transmitting a UCC document through data entry on the filing officer’s Internet web page. DFI-CCS 1.06(4)(b)(b) The file time for a UCC document delivered by these methods shall be the time that the filing office’s system analyzes the relevant transmission and determines that the required elements of the transmission have been received in the required format and the required payment has been accepted. DFI-CCS 1.06 HistoryHistory: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02; CR 23-026: am. (1), r. (2), am. (4) (b) Register February 2024 No. 818, eff. 3-1-24. DFI-CCS 1.07DFI-CCS 1.07 Search request delivery. UCC search requests shall be delivered to the filing office by any of the means set forth in s. DFI-CCS 1.06. DFI-CCS 1.07 NoteNote: Requirements concerning search requests are set forth in s. DFI-CCS—CCS 5.02.
DFI-CCS 1.08DFI-CCS 1.08 Approved forms. The forms prescribed by s. 409.521, Stats. shall be accepted by the filing office. Forms approved by the International Association of Corporate Administrators and forms approved by the department shall be accepted. When filing a correction statement, the “UCC correction statement” form, UCC—5, shall be used. Other forms shall not be accepted by the filing office.
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Chs. DFI-CCS 1-25; Department of Financial Institutions-Corporate and Consumer Services
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