Chapter DFI-CCS 1

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 1.10   Fees.

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 Note Note: 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 DFI-CCS 1.01 Definitions. In chs. DFI-CCS 1 to 7:

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(4) (4) “Continuation statement” has the meaning set forth in s. 409.102 (1) (gm), Stats.

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(7) (7) “File number” has the meaning set forth in ss. 409.102 (1) (is) and 409.519 (2), Stats.

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(10) (10) “Filing officer” means the UCC section 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(12) (12) “Financing statement” has the meaning set forth in s. 409.102 (1) (jm), Stats.

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(19) (19) “Land recording office” means an office as set forth in s. 409.501 (1) (a), Stats.

DFI-CCS 1.01(20) (20) “Nonstandard UCC filing” means any of the following:

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(20)(b) (b) The standard form to which is attached writings which are not set forth in s. 409.521, Stats.

DFI-CCS 1.01(20)(c) (c) Any other writings, which do not conform to the standard forms, set forth in s. 409.521, Stats.

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 Note Note: The postal service and a courier service are merely responsible for the delivery of the document to the filing office.

DFI-CCS 1.01(23) (23) “Secretary” means the secretary of the department.

DFI-CCS 1.01(24) (24) “Secured party of record” has the meaning set forth in s. 409.511, Stats.

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(25)(a) (a) On UCC1, this may include the attachment of one UCC1Ad.

DFI-CCS 1.01(25)(b) (b) On UCC3, this may include the attachment of UCC3Ad.

DFI-CCS 1.01(26) (26) “Standard UCC form” means the forms set forth in s. 409.521, Stats.

DFI-CCS 1.01(27) (27) “Termination statement” has the meaning set forth in s. 409.102 (1) (tm), Stats.

DFI-CCS 1.01(28) (28) “UCC” means the uniform commercial code, chs. 401 to 411, Stats.

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 Note Note: 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(30) (30) “UCC index” means a compilation of all index information as set forth in s. 409.519, Stats.

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 History History: 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 1.02 DFI-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 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.

DFI-CCS 1.03 DFI-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 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.

DFI-CCS 1.04 DFI-CCS 1.04 Electronic mail and facsimile.

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 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02.

DFI-CCS 1.05 DFI-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 1.05 History History: CR 01-122: cr. Register February 2002 No. 554, eff. 3-1-02; CR 23-026: am. Register February 2024 No. 818, eff. 3-1-24.