409.524(2)(2)The filing office exercises reasonable diligence under the circumstances.
409.524 HistoryHistory: 2001 a. 10.
409.525409.525Fees.
409.525(1)(1)Initial financing statement or other record. Except as otherwise provided in this section, the fee for filing and indexing a record under this subchapter and the portion of the fee that an office duly authorized by the department under s. 409.501 (1) (b) may retain shall be prescribed by filing-office rule.
409.525(1m)(1m)No fee for filing termination statement. There is no fee for the filing of a termination statement.
409.525(2)(2)Basis for rule. The rule under sub. (1) must set the fees for filing and indexing a record under this subchapter on the following basis:
409.525(2)(a)(a) If the record presented for filing is communicated to the filing office in writing and consists of more than 2 pages, the fee for filing and indexing the record must be at least twice the amount of the fee for a record communicated in writing that consists of 1 or 2 pages; and
409.525(2)(b)(b) If the record is communicated by another medium authorized by filing-office rule, the fee for filing and indexing the record must be no more than 50 percent of the amount of the fee for a record communicated in writing that consists of 1 or 2 pages.
409.525(3)(3)Number of names. The number of names required to be indexed does not affect the amount of the fee under this section.
409.525(4)(4)Response to information request. Except as otherwise provided in this section, the fee for responding to a request for information from the filing office, including for communicating whether there is on file any financing statement naming a particular debtor, and the portion of the fee that an office duly authorized by the department under s. 409.501 (1) (b) may retain shall be prescribed by filing-office rule. The fee for responding to a request communicated in writing must be not less than twice the amount of the fee for responding to a request communicated by another medium authorized by filing-office rule. This subsection does not require that a fee be charged for remote access searching of the filing-office data base. The rule promulgated pursuant to this subsection need not specify a fee for remote access searching of the filing-office data base.
409.525(5)(5)Record of mortgage. This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under s. 409.502 (3). However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.
409.525 HistoryHistory: 2001 a. 10.
409.526409.526Filing-office rules.
409.526(1)(1)Promulgation of filing-office rules. The secretary of financial institutions shall promulgate filing-office rules to implement this chapter. The filing-office rules must be:
409.526(1)(a)(a) Consistent with this chapter; and
409.526(1)(b)(b) Promulgated in accordance with ch. 227.
409.526(2)(2)Harmonization of rules. To keep the filing-office rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this subchapter, and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this subchapter, the secretary of financial institutions, so far as is consistent with the purposes, policies, and provisions of this chapter, in promulgating filing-office rules, shall:
409.526(2)(a)(a) Consult with filing offices in other jurisdictions that enact substantially this subchapter;
409.526(2)(b)(b) Consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization; and
409.526(2)(c)(c) Take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this subchapter.
409.526 HistoryHistory: 2001 a. 10.
409.526 Cross-referenceCross-reference: See also DFI-CCS, Wis. adm. code.
409.527409.527Duty to report. The department of financial institutions shall include in its report under s. 15.04 (1) (d) a report on the operation of the filing office. The report must contain a statement of the extent to which:
409.527(1)(1)Harmonization of rules: filing offices in other jurisdictions. The filing-office rules are not in harmony with the rules of filing offices in other jurisdictions that enact substantially this subchapter and the reasons for these variations; and
409.527(2)(2)Harmonization of rules: model rules. The filing-office rules are not in harmony with the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators, or any successor organization, and the reasons for these variations.
409.527 HistoryHistory: 2001 a. 10.
409.528409.528Statewide lien system. The department shall establish and maintain a statewide lien system under this subchapter.
409.528 HistoryHistory: 2001 a. 10; 2003 a. 206.
subch. VI of ch. 409SUBCHAPTER VI