(3)
Set forth the date and time the filing was marked active and the information added to the index in to the officer’s statement.DFI-CCS 3.02 (5) Status of financing statement. In the information management system, each financing statement shall have a status of active or inactive lapsed.
SECTION 28. Section DFI-CCS 3.03 (4) (a) is renumbered DFI-CCS 3.03 (4).
SECTION 29. Section DFI-CCS 3.03 (4) (b) is repealed.
DFI-CCS 3.04 (2) Truncation - organization names. The organization name field in the UCC database shall be fixed in length. The maximum length shall be 300 characters. Although filers should continue to provide full names on UCC documents, a name that exceeds the fixed length shall be entered as presented to the filing officer, up to the maximum length of the data entry field.
DFI-CCS 3.14 XML authorized. When XML is available a remitter may be authorized for XML transmission upon the written authorization of the filing officer. The filing officer shall authorize a remitter to engage in XML transmissions if the remitter holds creates an account for the billing payment of fees by the filing officer to the filing office, the remitter has entered into a user agreement, in form and substance satisfactory to the filing office, with the department, and the filing officer determines, after appropriate testing of transmissions in accordance with the filing officer’s specifications, that the remitter is capable of transmitting XML documents in a manner that permits the filing officer to receive, index, and retrieve the XML documents. The filing officer may suspend or revoke the authorization when, in the filing officer’s sole discretion, the filing officer determines that a remitter’s transmissions are incompatible with the filing officer’s XML system. A request to be authorized to transmit XML documents shall be in writing and delivered to the filing officer. Upon receipt of a request for authorization, the filing officer shall provide the remitter with necessary information on the requirements for XML transmission, including format, address for transmission, and other necessary specifications.
SECTION 32. Section DFI-CCS 3.15 is repealed.
Note: Requests should be sent to UCC Section, Department of Financial Institutions, P.O. Box 7847, Madison, WI 43707-7847 53707-7847, or to DFI-UCC@dfi.wisconsin.gov. SECTION 34. DFI-CCS 3.18 is amended to read:
DFI-CCS 3.18 Acceptance and archives. An XML document shall not accepted for filing at the time it is received by the filing office. An XML document shall be accepted only after it is analyzed by the filing offices office’s XML system and it is determined that the XML document is machine readable and all required elements of the transmission have been received in an approved format. Upon acceptance of an XML document for filing, a report shall automatically be generated which shall contain all of the information related to the document including all information transmitted by the remitter for inclusion in the document as prescribed by the implementation guide referred to in s. DFI-CCS 3.16. The information contained in the report shall promptly be rendered and stored in a record. The filing officer shall provide regularly scheduled, not less frequently than daily, electronic notices to remitters of accepted XML documents to confirm the acceptance and the creation of the record. SECTION 35. DFI-CCS 3.19 is repealed.
SECTION 36. DFI-CCS 4.02 (3) (c) is amended to read:
DFI-CCS 4.02 (3) (c) Correspondence. If there is ground for refusal of the document, notification of refusal to accept the document shall be prepared as provided in s. DFI-CCS 2.05. If there is no ground for refusal of the document, an acknowledgment of filing shall be prepared as provided in s. DFI-CCS 2.06. If the UCC document was tendered in person, notice of refusal or acknowledgment of the filing shall be given to the remitter by personal delivery or postal delivery. If the UCC document was tendered electronically, the notice or acknowledgment shall be transmitted to the remitter by the same method in which it was received. Regardless of the response method, the The response shall include the UCC document filed as well as the information required by s. DFI-CCS 2.05 or 2.06. Acknowledgment of filing or notice of refusal of a UCC document tendered by means other than personal delivery or electronic transmission shall be sent to the secured party, or the first secured party if there are more than one, named on the UCC document, or to the remitter if the remitter so requests by regular mail or by overnight courier if the remitter provides a prepaid waybill or access to the remitter’s account with the courier. SECTION 37. DFI-CCS 4.08 (1) is amended to read:
DFI-CCS 4.08 (1) ORGANIZATION NAMES. Organization names shall be entered into the UCC information management system exactly as set forth in the UCC document, even if it appears that multiple names are set forth in the document or if it appears that the name of an individual has been included in the field designated for an organization name.
SECTION 38. DFI-CCS 4.10 is repealed and recreated to read:
DFI-CCS 4.10 Verification of data entry. The filing office shall verify the accuracy of data entry tasks performed by its staff through regular visual inspection of a substantial sample of entries. Data entry performed by remitters with respect to electronically filed UCC records is the responsibility of the remitter and is not verified by the filing office.
SECTION 39. DFI-CCS 5.02 (4) is repealed.
SECTION 40. DFI-CCS 5.03 is amended to read:
DFI-CCS 5.03 Optional information. A UCC search request may contain any of the following information:
(1)
A request to include in the report all unlapsed filings, active filings or inactive filings or all unlapsed filings and all filings that have lapsed within one year of the request date.(2)
A request that asks for copies of documents referred to in the report be included with the report. The request may limit the copies requested by limiting them by reference to the address of the debtor, the city, village, or town of the debtor, the date of filing, or a range of filing dates, or the identity of the secured party of record on the financing statements located by the related search. The request may ask for copies of UCC documents identified on the primary search response.(3)
A request that the search of a debtor name be limited to debtors in a particular city, village or town. A report created by the filing officer in response to the request shall contain the following statement: “A search inform the requester that the search was limited to a the particular city, village or town may not reveal all filings against the debtor searched and the searcher bears the risk of relying on this search.”(4)
Instructions on the mode of delivery requested, if other than by ordinary electronic mail, which request shall be honored if the requested mode is then made available by the filing office.SECTION 41. DFI-CCS 5.04 (1) (d) is repealed.
SECTION 42. DFI-CCS 5.05 (1) is amended to read:
DFI-CCS 5.05 (1) Filing officer office. Identification of the filing officer and the certification of the filing officer required by the UCC office providing the search response.
SECTION 43. DFI-CCS 6.01 is amended to read:
DFI-CCS 6.01 Purpose. This chapter describes records of liens maintained by the filing office created pursuant to statutes other than the UCC that are treated by the filing office in a manner substantially similar to UCC documents and are included on a request with the reports described in s. DFI-CCS 5.05. SECTION 44. DFI-CCS 6.02 (5) is repealed and recreated to read:
DFI-CCS 6.02 (5) Search. Federal tax liens shall be listed in the same manner as an initial financing statement and included with UCC searches.
SECTION 45. DFI-CCS 7.01 (1) (intro.) is amended to read:
DFI-CCS 7.01 Recording offices. (1) This section applies only to UCC filings that satisfy all the following conditions:
SECTION 46. DFI-CCS 7.07 is repealed.
SECTION 47. DFI-CCS 7.07 (note) is renumbered DFI-CCS 7.05 (note).
SECTION 47p. DFI-CCS 10.01 (title) and (intro.) is amended to read:
DFI-CCS 10.01 (title) Fees under s. 182.01 (4), Stats. The following fees apply to all of the following under s. 182.01 (4), Stats. . Regarding business records filed with and maintained by the department, the following fees apply: DFI-CCS 10.01 (7) To the extent that no fee is specified in chs. 179, 181, and 183, Stats., for filing an application for reinstatement following dissolution, revocation, or termination, $100. SECTION 47t. DFI-CCS 10.01 (8) is created to read:
DFI-CSS 10.01 (8) Amendment, cancellation, or renewal of partnership authority under ch. 179, Stats., $10. SECTION 47v. DFI-CCS 10.01 (9) is created to read:
DFI-CSS 10.01 (9) Statement of change of registered agent or registered agent’s name, e-mail address, or street address under ch. 180, Stats., $10. SECTION 47vc. DFI-CCS 10.01 (10) is created to read:
DFI-CSS 10.01 (10) Statement of revocation or rescission of dissolution under ch. 178, 179, 181, or 183, Stats., $10. SECTION 47vf. DFI-CCS 10.01 (11) is created to read:
DFI-CSS 10.01 (11) Statement of withdrawal of a filed record before effectiveness under ch. 179, 180, 181, or 183, Stats., $40. SECTION 47vi. DFI-CCS 10.01 (12) is created to read:
DFI-CSS 10.01 (12) Statement of dissociation under ch. 179, Stats., $10. SECTION 47vL. DFI-CCS 10.01 (13) is created to read:
DFI-CSS 10.01 (13) Statement of authority or denial under ch. 183, Stats., $10. SECTION 48. DFI-CCS 10.02 and 10.03 are repealed.
SECTION 49. DFI-CCS 10.04 (title), (intro.), (1), (2), and (3) are repealed.
SECTION 50. DFI-CCS 10.04 (4) is renumbered DFI-CCS 10.01 (6).
SECTION 51. EFFECTIVE DATE. This rule shall take effect on the first day of the first month commencing after the date of publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
Department of Financial Institutions
Date: October 12, 2022 By: /s/ Marc Shovers
Marc Shovers
Assistant Chief Legal Counsel
