|
|
![]() |
New Jersey Division of Revenue Business Services UCC Filing Guidelines (Commercial Recording) |
|
The following guidelines cover the basic requirements for filing Uniform Commercial Code documents with the Treasurer. The guidelines include a section on general considerations applicable to all filings, and individual sections that provide instructions for each type of UCC filing. The individual sections on UCC filing types include information on: 1) filing fee; 2) appropriate uses of filing type; 3) required and optional fields; and 4) indexing profile, indicating the index data fields input into the State's UCC database and used to record/track accepted filings. GENERAL CONSIDERATIONS, ALL FILINGS
1. Type, machine print, hand print (legibly) all filings. Filing forms are available at stationers' stores throughout the State.
2. Pay the correct amount for each filing -- $25.00/ea.; add $15.00/ea. for over-the-counter expedited filings.
3. Choose a delivery/return method: a.
Regular mail --
If you are sending
work in via regular mail, use the correct address and call number: Division of Revenue/UCC PO Box 303 Trenton, NJ 08646 All processed mail-in work will be returned via regular mail to the filer at the address provided by the filer. If no return address is provided, filings will be returned to the secured party of record. ****Providing a self-addressed, stamped envelope will speed overall processing. ****Remember that it takes extra time for mail to reach the Division of Revenue (DOR) Office and to be mailed from DOR's Office. This is because mail must first be processed through the State's central post office. Also, remember that mail turnaround time must be added to the document processing time required for regular mail-in work, which on average may range from 3 works days to two work weeks. b. Expedited/Over-the-Counter
--If you are expediting a filing (8.5 business hour processing): (2) Add $15.00 for expediting each filing submitted --i.e., add $15.00 to the filing fee. (3) Be sure to provide instructions
as to how the filing is to be sent back to you: Front desk pickup at 33 West State Street; or Delivery by courier -- be sure to provide a return package and filled-out air bill showing your name or company name and your account number. The Treasurer cannot pay for return by courier. ****Remember that expedited processing entails review and acceptance or rejection of filing submissions. It does not entail return of work within 8.5 business hours unless the front desk pickup option is chosen. Also, by law, the Treasurer is not bound by the 8.5 hour processing turnaround requirement in the event of computer downtime or other technical problems. 4. Choose an acceptable payment method:
b. Credit card, VISA/MASTER-CARD or DISCOVER only, provide card number and expiration date; c. Depository account as assigned by the Treasurer; or d. Cash. 5. Pay attention to the number of copies submitted with the filing. Each form should be submitted in duplicate. While filing submissions will not be rejected solely for missing copies, the filer will not receive an acknowledgment copy of an accepted filing unless the requisite number of copies is provided. INSTRUCTIONS FOR EACH UCC FILING TYPE UCC-1 - FINANCING STATEMENTA UCC-1 records and protects a secured party's interest in the collateral offered by a debtor for a loan. In essence, the UCC-1 gives public notice relative to the debtor-secured party relationship and the collateral involved.
Fee for filing a UCC-1 -- $25.00Required Fields: In order to be accepted for filing, a UCC-1 form must contain the fields listed below: Debtor Name -- The debtor can be one or more persons, companies, members of a partnership, corporation or other business entity, or any combination thereof. Debtor Address -- The debtor address should be an address at which the debtor receives mail. Only one address may be entered. Secured Party Name -- The secured party can be one or more persons, companies, members of a partnership, corporation or other business entity, or any combination thereof. Secured Party Address -- The secured party address should be an address at which the secured party receives mail. More than one address may be entered. Collateral Description -- This should be a statement that describes the items offered for security for the payment of the loan. Optional Fields:
Assignee -- The secured party may indicate an assignee when filing a UCC-1. The assignee is listed as the secured party for public records and indexing purposes. When listing an assignee, the secured must list the assignee's name and address in accordance with the guidelines for names/addresses noted earlier under Required Fields. The assignee does not sign the form, however. The secured party must still sign.
Indexing Profile for UCC-1, Financing Statement: Information keyed into the
UCC data base from UCC-1 filings includes: Information that is automatically
generated as a result of data entry: **All other information on the filing is stored on the filing form itself, as part of the Treasurer's automated image system. For information on how to obtain photocopies of filed documents, consult the UCC Search Manual . UCC-3 - CHANGING A FILED FINANCING STATEMENT A UCC-3 records gives public
notice of various changes to a filed financing statement. The following
change types are accepted in New Jersey: Fee for filing all UCC-3's -- $25.00
ContinuationA continuation statement extends the maturity date of a filed financing statement for five (5) years unless a shorter time period is specified by the secured party. A continuation statement may only be submitted during the six (6) month period prior to the maturity date of the financing statement. The continuation statement cannot be used for purposes other than continuing the effective period of a filed financing statement. Required Fields:In order to be accepted for filing, a UCC-3 form, continuation, must contain the fields listed below: Filing Number of Effective UCC 1 (must be the # assigned by the Treasurer) Debtor Name/Address -- Should match the name/address listed on the current UCC 1. If the name/address is different, the filing will be accepted; however, the Secretary of State will not adjust the public record to reflect the change. A separate amendment filing, done in accordance with the guidelines below, must be submitted so that the changed name/address is reflected on the public record. Secured Party Name/Address -- Should match the name/address listed on the current UCC 1. If the name/address is different, the filing will be accepted; however, the Treasurer will not adjust the public record to reflect the change. A separate amendment filing, done in accordance with the guidelines below, must be submitted so that the changed name/address is reflected on the public record. Optional Fields: Maturity Date -- The secured party may specify an effective period for the UCC-1 that is shorter than the five (5) year effective period automatically assigned by the Treasurer. The effective period my never be greater than five (5) years.
Indexing Profile: Information keyed into the
UCC data base from UCC-3, continuation filings, includes: Information that is automatically
generated as a result of data entry: Information that is automatically
generated as a result of data entry: **All other information on the filing is stored on the filing form itself, as part of the Treasurer's automated image system. For information on how to obtain photocopies of filed documents, consult the UCC Search Manual . Partial Release A partial release records and gives public notice that the secured party is freeing all or a portion of the collateral listed in a filed financing statement.
Required Fields:In order to be accepted for filing, a UCC-3 form, partial release, must contain the fields listed below: Filing Number of Effective UCC 1 (must be the # assigned by the Treasurer) Debtor Name/Address -- Should match the name/address listed on the current UCC 1. If the name/address is different, the filing will be accepted; however, the Treasurer will not adjust the public record to reflect the change. A separate amendment filing, done in accordance with the guidelines below, must be submitted so that the changed name/address is reflected on the public record. Secured Party Name/Address -- Should match the name/address listed on the current UCC 1. If the name/address is different, the filing will be accepted; however, the Treasurer will not adjust the public record to reflect the change. A separate amendment filing, done in accordance with the guidelines below, must be submitted so that the changed name/address is reflected on the public record. Collateral Description -- Should describe the collateral being released. Optional Fields: None
Indexing Profile: Information keyed into the
UCC data base from UCC-3, partial release filings includes: Filing Type (code that identifies the UCC 3 type; associated with the File Number) Information that is automatically
generated as a result of data entry: **All other information on the filing is stored on the filing form itself, as part of the Treasurer's automated image system. For information on how to obtain photocopies of filed documents, consult the UCC Search Manual .
AssignmentAn assignment records and gives public notice that the secured party is assigning (transferring) all or a portion of his/her rights in the collateral listed in a filed financing statement.
Required Fields:In order to be accepted for filing, a UCC-3 form, assignment, must contain the fields listed below: Filing Number of Effective UCC 1 (must be the # assigned by the Divison of Revenue) Debtor Name/Address Secured Party Name/Address Assignee -- The secured party must indicate the assignee's name and address. The assignee does not sign the form, however. The secured party must still sign. Collateral Description -- Should describe the collateral being assigned -- full assignment (all collateral) or partial assignment (with description of assigned portion of collateral) may be entered. Optional Fields: None
Indexing Profile: Information keyed into the
UCC data base from UCC-3, assignment filings, includes: Assignee name/address (full assignment = replacement of secured party's name/address with assignee's name/address; partial assignment = addition of the assignee's name/address as another secured party) File Date (date of filing) Information that is automatically
generated as a result of data entry: **All other information on the filing is stored on the filing form itself, as part of the Treasurer's automated image system. For information on how to obtain photocopies of filed documents, consult the UCC Search Manual .
TerminationA termination records and gives public notice that the secured party no longer has a secured interest in the collateral listed in a filed financing statement.
Required Fields:In order to be accepted for filing, a UCC-3 form, termination, must contain the fields listed below: Filing Number of Effective UCC 1 (must be the # assigned by the Division of Revenue) Debtor Name/Address Secured Party Name/Address Optional Fields: None
Indexing Profile: Information keyed into the
UCC data base from UCC-3, termination filings, includes: File Date (date of filing) Information that is automatically
generated as a result of data entry: **All other information on the filing is stored on the filing form itself, as part of the Treasurer's automated image system. For information on how to obtain photocopies of filed documents, consult the UCC Search Manual .
AmendmentAn amendment is filed to record and give public notice regarding changes to a filed financing statement. These filings may be used to record changes to collateral or the names/addresses of debtors or secured parties, or be used to correct errors in original financing statements. If the filing adds collateral to an existing financing statement, the effective date for the added collateral extends only from the time of filing through to the maturity date of the financing statement. Amendments may not be used to assign, terminate or continue a financing statement. Likewise, a release of collateral cannot be made via an amendment filing.
Required Fields:In order to be accepted for filing, a UCC-3 form, amendment, must contain the fields listed below: Filing Number of Effective UCC 1 (must be the # assigned by the Treasurer) Statement of Change -- Should be a statement describing the change to the original financing statement. Optional Fields: None
Indexing Profile: Information keyed into the
UCC data base from UCC-3, amendment filings, includes: File Date (date of filing) Change Data (any changes made to debtor/secured party data) Information that is automatically
generated as a result of data entry: **All other information on the filing is stored on the filing form itself, as part of the Treasurer's automated image system. For information on how to obtain photocopies of filed documents, consult the UCC Search Manual .
SubordinationA subordination changes the prioritization of the security interest in the collateral listed in a filed financing statement.(Cross-reference Amendments)
|
|