Filers are responsible for ensuring that UCC documents are legally sufficient, complete and accurate.

Filers are responsible for determining and correctly providing the exact legal name of the debtor. The determination of the correct legal name depends on whether the debtor is an individual or an organization.

If the debtor is a registered organization such as a corporation, limited partnership, or limited liability company, the legal name is the exact name under which it is organized. The best source of the correct name is to check the registration documents. A preliminary check of business names for California registered organizations may be obtained through the California Business Search. If the debtor is a general organization, such as a joint venture or other partnership, use the name contained in the formation documents or other organizational document.

If the debtor is an individual, there is no single source for the correct legal name. Common sources that may be used include birth certificates, passports or drivers license. You may wish to consult with legal counsel to determine the best source for your filing situation.

Article 9, Chapter 5 requires that filers identify a debtor as either an individual or an organization. Failure to do so will result in rejection pursuant to Section 9516 of the Uniform Commercial Code. If the debtor is an individual, the document must indicate the debtor’s last name. In California, if the debtor is an organization, the filer must provide one of the following: type of organization for the debtor; jurisdiction of organization for the debtor; an organizational identification number for the debtor or indicate that the debtor has none.

Only information contained on a National Form (and corresponding Addendum) or from the optional California Addendum will be indexed. Information contained on separate attachment pages will not be reviewed or indexed.

The National filing forms contained in Section 9521 of the Uniform Commercial Code will be accepted for filing. In California, Section 12194 of the Government Code specifies that these are the only forms that will be accepted.

Filing forms can be downloaded from the UCC Forms and Fees page, filled-in, printed and mailed to our office. Be sure to follow all instructions carefully and include filing fees.

The National forms may not be available in multi-part format and are not required.

Pursuant to Section 9520 of the Uniform Commercial Code, rejection letters will reflect both a process date and the file date and time the document would have received had it been accepted. This information may be helpful to filers in the event of a wrongful rejection from the filing office.

The Notice of Judgment Lien (Form JL-1), Judgment Lien Release or Subordination (Form JL-3) and Notice of Attachment Lien (Form ATL-1 & 3) may be downloaded from our Internet website and are available in fill-in format or may be purchased from most large stationery stores. California will no longer accept any other forms.

Article 9 provides the ability for a debtor to file a statement indicating that a filing is inaccurate or was wrongfully filed against him/her. The National Correction Statement (Form UCC-5) was designed for this purpose and will be accepted by the Secretary of State’s Office. If properly completed, the statement will be entered into the index, however, no information will be changed or removed.

The filing office indexes information exactly as it is presented on the form by the filer (including what may appear to be incorrect or extraneous information and typographical errors). The "correctness" of the name is not verified. Separate data formatting fields are established on the forms for the organization name and/or individual name. Please use the form as designed with one name per box; format individual names according to the form’s instruction.

Only information contained on a National Form (and corresponding Addendum) or from the optional National UCC Financing Statement Additional Party and National Financing Statement Amendment Additional Party will be indexed. Information contained on separate attachment pages will not be reviewed or indexed.

Section 9520(d) of the Uniform Commercial Code states that the information contained in a financing statement applies to each debtor separately. If a filing contains more than one debtor but gives either incomplete or undecipherable information for one of the debtors, the filing will be accepted. Only the complete and decipherable information will be indexed, and reflected in the acknowledgment letter. An amendment or new financing statement will be required to add the remaining debtor information.

Submit fixture and as-extracted collateral or timber to be cut filings to the office where the mortgages of real property are filed. All other collateral filings, including those for consumer good, crops growing, transmitting utilities, and manufacture homes, are to be filed in the Secretary of State’s Office.

Under Article 9, the proper place to file is where the debtor is located. For debtors that are not individuals, file in the state where the debtor’s business is registered or where the principal place of business is located. If there is more than one location, file where the chief executive office is located. If the debtor is an individual, file in the state of the debtor’s principal residence.

Financing statements covering a public finance transaction or manufactured home transaction are filed in the Secretary of State’s Office.

Pursuant to Section 9515 of the Uniform Commercial Code, the duration for a financing statement is five years then lapses unless it is continued. It remains active in our files for one year after it lapses and is searchable in our database. Financing Statements that cover manufactured homes or public finance transactions are effective for thirty years. Financing Statements that cover transmitting utilities do not lapse; they are effective until terminated by all secured parties of record, then they lapse.

Once an initial document is filed, it remains active in the index and available for searching until one year after it lapses – generally 5 years from the date it is filed.

Financing statements covering a public finance transaction or manufactured home are effective and remain in the index for 30 years.

Termination statements do NOT change the status of a record in the index – with the exception of transmitting utilities which lapse upon the filing of a termination. The termination statement will be indexed to the associated filing and will be included in a search of the debtor.

Searches may contain records that are both unlapsed and lapsed. Records remain available for searching until they become inactive and purged from the index.

There are no debtor or secured party signature requirements when filing an initial Financing Statements or Amendments under Article 9.

Under Article 9, unless a document contains any of the deficiencies identified in Section 9516 of the Uniform Commercial Code, it will be accepted.

In addition to financing statements, state and federal tax liens, judgment liens and attachment liens are also filed at the Secretary of State’s Office.