Uniform Commercial Code Corporations Frequently Asked Questions NYS Dep State
Post on: 16 Март, 2015 No Comment
The term UCC is short for Uniform Commercial Code.
The Uniform Commercial Code represents a general and comprehensive revision of the state’s prior laws applicable to commercial transactions. The Code provides a uniform and easily available set of rules for the conduct of commercial transactions responsive to modern business conditions and needs. In short, the purpose was to simplify, clarify and modernize the law(s) governing commercial transactions; to make uniform the law among the various jurisdictions, and to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties involved. [Parts taken from the McKinney’s Consolidated Laws of New York, Uniform Commercial Code, Book 62.5, Sections 7-101 to End.]
How do I know if I need to file one?
Typically, you would not file a UCC unless you were engaged in some form of commercial transaction that involved a debtor and a secured party. A common exception is a transaction that pertains to a cooperative interest. As an individual involved in a cooperative interest purchase, it is common practice for the secured party (lender) to file a UCC Financing Statement to protect their interest.
How do I file a UCC statement?
If you were to file a UCC, your first step would be to decide where to file. For your convenience, we have included a link to the Uniform Commercial Code. Section 9-501, Filing Office. This should assist you in deciding on where to file.
May I purchase UCC Filing Images?
The UCC Image Retrieval System allows purchasers to access and download the UCC Filing Images by file date. Digital .TIFF Images will be loaded to the UCC data subscription website 5 business days after the file date and will be available for download for 30 days. The files can be downloaded individually or in a zipped file. The monthly subscription fee is $300. The UCC Image Retrieval System does not include past records in the UCC database. Parties interested in subscribing to the UCC Image Retrieval System should contact the Uniform Commercial Code Division at (518) 473-2492.
What are the basic UCC fees?
- A UCC filing is $40 for a paper-based filing and $20 for an electronic filing (using XML transmission or e-File).
Does the Uniform Commercial Code Division accept payment by credit card?
The Department of States Uniform Commercial Code Division accepts MasterCard, Visa and American Express for the payment of certain fees. Search requests and documents submitted for filing may be paid by credit card.
To pay for a fee by using your credit card, simply complete and sign the Credit Card Authorization Form and submit it to the Uniform Commercial Code Division with your request. You may fax a document submitted for filing to the Uniform Commercial Code Division at (518) 474-4478.
Please note that all filing acknowledgment letters and search results will be returned by first class mail by the United States Postal Service. We DO NOT provide these documents by fax. You may request that your filing acknowledgment letter or other document be returned to you by overnight delivery service, by including your account number with the service provider or including a request to charge your credit card with the shipper for these charges.
The Uniform Commercial Code Division usually processes documents submitted for filing on a regular basis within 24 to 48 hours. Processing of your document begins when the document or other service request is received by the appropriate unit of the Uniform Commercial Code Division. The Uniform Commercial Code Division also offers expedited processing of documents. For an additional non-refundable fee the Uniform Commercial Code Division will ensure that a document or other service request is processed on the day it is received for an additional fee of $75. The fee for expedited processing is separate from the fee to file the document or other service requested. The fee for expedited processing as well as the filing fees will be charged to your account and are retained as a processing fee regardless of whether or not the document is accepted for filing or rejected as deficient.
Do I have to pay additional fees for real estate information?
Some local filing offices (generally county clerks’ offices ) charge fees for recording such information. Please check with the filing office prior to submitting your filing.
Did the UCC forms change?
Yes, the UCC forms have been changed to comply with Article 9. All previously approved forms that do not comply with Article 9 cannot be used. This includes those that had been previously approved by the Secretary of State. You can download the approved forms from this site.
How long is my financing statement effective?
The filing period of an initial financing statement is 5 years. If a continuation is not filed, the initial financing statement will lapse 5 years from the original filing date. A continuation extends the filing period 5 additional years from the original filing date. A continuation may be filed up to 6 months prior to the lapse date of the initial financing statement. There are four exceptions to the initial filing period of 5 years. They are:
What is the mailing address, telephone and fax number?
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
99 Washington Avenue
Albany, New York 12231-0001
Telephone Number: (518) 473-2492
What are UCC’s hours of operation?
The Uniform Commercial Code hours of operation are Monday through Friday, from 8:30 a.m. to 4:30 p.m. Eastern Time.
A copy of the Uniform Commercial Code is available online or is available from any public or law library.
