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Uniform commercial Code (UCC) Frequently Asked Questions

Notice:
Recorded and/or filed documents and ALL information contained within those instruments become the permanent public record and are available for public viewing and/or purchase.



Alaska adopted sweeping changes to the Uniform Commercial Code, effective July 1, 2001.   The following list of frequently asked questions and answers has been assembled to assist you in understanding the new UCC Revised Arcticle 9 changes.




Q: When did the new changes take effect?
A: Alaska adopted the revisions to Article 9 of the Uniform Commercial Code with an effective date of July 1, 2001. Most states thoughout the nation, including Alaska, have enacted the new uniform law in its entirety, although somestates have altered portions of the law to meet their needs.
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Q: Where do I file a new UCC financing statement under the new law?
A: In simple terms, the place of filing is the location of the debtor. Determining the "location" of the debtor is complicated by the fact that there are different types of debtors, and differing implementation dates for the new law.
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Q: How do I determine the "location" of the debtor for filing purposes?
A: In the case of an individual debtor, file in the central filing office in the state of the debtor's legal residence. In the case of an organizational debtor, file in the state where the registered entity was initially organized. If the debtor is an unregistered organization, file in the state where its chief executive office is located.
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Q: Do you require use of the national forms referenced in the new law?
A: The national forms are the only forms accepted, as per Alaska State Statute. Forms are available on our UCC website. Please note that while older national forms are still available to filers and currently accepted by the UCC Central File office, those forms may include information that you may not wish to make public, such as Social Security numbers and EINs. The forms available on our website are the most current IACA (International Association of Commercial Administrators) approved national forms, and do not include fields for such information.

For a listing of the current forms available, as well as approved national form vendors, please visit the IACA website at:   www.iaca.org
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Q: There is no place on the national forms for signatures. Where do we sign?
A: Signatures are no longer required on UCC Central File filings.
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Q: How will I know you received and filed my document?
A: If you would like an acknowledgement copy, you must complete Item B on the national UCC-1 and UCC-3 forms. Otherwise, acknowledgement copies will not be provided.
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Q: What options are available for filing?
A: UCC filings are accepted by mail, courier, in person, via fax or online.

Online Electronic Filing is accessible at:   https://dnr.alaska.gov/ucc/UCC_Form/dsp_logon.cfm?account_code=UCC
Note:   An Online Filing User's Guide is available on this site.

Fax service is provided for filing UCC-1's, UCC-3's, as well as search and copy requests.
To utilize this service, please fax your filing or request to the UCC Central File fax line at 907-269-8945. Be sure to include a cover sheet with your name, return address, telephone number, valid VISA or Mastercard number, card expiration date, name as it appears on the card, and card holder's signature. If requested, an acknowledgement copy will be sent to the return address provided via regular US Postal service.
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Q: Can I request expedited service?
A: The UCC Central File office does not offer expedited service of any kind. First Come, First Served.
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Q: Will you reject continuation statements not filed within the six month window period?
A: No. However, the fact that the filing office accepts such a continuation does not make it effective. Revised Article 9 puts the onus of responsibility on the filing party. This means that the filing party must ensure that continuations are filed within the proper window of time.
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Q: Can I use a single UCC-3 form for multiple functions?
A: Yes, but the proper fee must be submitted for each function requested.
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Q: How long will my UCC filing last?
A: The normal lapse period is still five years from the date of the initial financing statement filing. However, a filing will continue to report as active in our indexing system (and be reported on searches) until one year after the filing has lapsed, in accordance with Revised Article 9.
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Q: Can I access the UCC database through the Internet?
A: You may access our live online database by selecting one of the search options.
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Q: What types of payment do you accept for filings?
A: Cash, personal check, money order, VISA or MasterCard credit card or debit card.
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Q: What types of errors or omissions will cause a filing to be rejected?
A: Lack of debtor/secured party/assignee name and address on UCC-1's, lack of initial financing statement number on UCC-3's, insufficient fee, illegible information, unapproved forms.
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Q: What if a debtor believes a filing was made in error?
A: Revised Article 9 authorizes the use of a Correction Statement (UCC-5) to identify alleged errors in any filing. The form is available on our website.
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Q: Are there changes in the search process?
A: There are two basic types of search reports: information only, and information with copies. Searches may also also be requested in conjunction with the filing of an initial financing statement by completing Item 7 on the national UCC-1 form, and submitting the proper fee. Search results will be broader, as they will include filings reporting as active for up to one year past the date of lapse.
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FILING OFFICES DO NOT GIVE LEGAL ADVICE.   MINOR MISTAKES IN COMPLETION OF YOUR FORMS CAN HAVE SERIOUS LEGAL CONSEQUENCES.   IF YOU HAVE QUESTIONS, CONSULT YOUR LEGAL COUNSEL.

State Recorder's Office
Department of Natural Resources
550 West 7th Ave., Suite 1210
Anchorage, AK 99501-3564
Phone:   907-269-8881

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