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§12A-9-307.6.
§12A-9-307.6.
Central Filing System Relating to Farm Products.
(1) The Secretary of State shall be responsible for developing and
implementing the central filing system. This responsibility shall
include obtaining the necessary certification for the system from the
United States Department of Agriculture ("USDA"). The Secretary of
State shall declare an effective date for the implementation of the
central filing system, as soon as is practicable following
certification by the USDA.
(2) The Secretary of State may adopt, in accordance with the
applicable provisions of the Oklahoma Administrative Procedures Act,
appropriate rules and regulations for the implementation and operation
of the central filing system.
(3) The Office of State Finance shall assist the Secretary of State in
developing and implementing the central filing system.
(4) The central filing system shall conform to the following
requirements:
(a) The Secretary of State shall record the date and hour of the
filing of each effective financing statement;
(b) The Secretary of State shall compile all effective financing
statements into a master list:
(i) organized according to farm products;
(ii) arranged within each such product:
(A) in alphabetical order according to the last name of the individual
debtors or, in the case of debtors doing business other than as
individuals, the first word in the name of such debtors;
(B) in numerical order according to the social security number of the
individual debtors or, in the case of debtors doing business other
than as individuals, the Internal Revenue Service taxpayer
identification number of such debtors;
(C) geographically by county; and
(D) by crop year; and
(iii) containing the information provided for in subparagraph (iv) of
paragraph (d) of subsection (1) of Section 2 of this act;
(c) The Secretary of State shall maintain a list of all buyers of farm
products, commission merchants, and selling agents who register with
the Secretary of State, on a form indicating:
(i) the name and address of each buyer of farm products, commission
merchant and selling agent; and
(ii) what information each buyer of farm products, commission
merchant, and selling agent requests from the master list;
(d) (i) A copy of those portions of the master list covering the
information requested by a buyer of farm products, commission merchant
or selling agent at the time of registration shall be distributed to
such registrants by the Secretary of State on the last business day of
each month and shall be presumed to have been received three (3) days
thereafter.
(ii) Registrants shall be deemed to be registered only as to those
portions of the master list for which they register, and shall be
deemed to have failed to register and shall not be considered to be
registrants as to those portions for which they do not register.
(iii) Registrants are subject only to security interests shown on the
portions of the master list which they receive as a consequence of
registration with the Secretary of State.
(iv) If a particular security interest is shown on the master list,
but was included since the last regular distribution of portions of
such master list to registrants, registrants shall not be subject to
that security interest;
(e) Persons other than those specified in paragraph (c) of this
subsection may register with the Secretary of State to receive
portions of the master list. Such registration shall be on a form
indicating:
(i) the name and address of each such person; and
(ii) what information each such person requests from the master list.
(f) (i) Within twenty-four (24) hours of any oral inquiry, including
any telephone inquiry, for information, the Secretary of State shall
provide oral confirmation of the existence of any effective financing
statement on file in the office of the Secretary of State requested by
persons who have not registered. Such oral confirmation shall be
followed by written confirmation thereof by the close of the business
day following the day on which the oral confirmation was given.
(ii) Oral confirmation shall be conditioned upon receipt by the
Secretary of State, at the time of the inquiry, of the name, address,
telephone number, and social security number or Internal Revenue
Service taxpayer identification number of the requestor and receipt of
the following information:
(A) the name of the debtor;
(B) the social security number of the debtor or, if the debtor is
doing business other than as an individual, the Internal Revenue
Service taxpayer identification number of such debtor;
(C) type of farm product;
(D) the county; and
(E) the crop year, if applicable; and
(g) The duration of the registration with the Secretary of State of a
buyer of farm products, commission merchant or selling agent shall be
one (1) year from the date of acceptance of such registration by the
Secretary of State.
(5) Any person may submit a written request to the Secretary of State
for written confirmation of the existence of an effective financing
statement on file in the office of the Secretary of State. The written
request shall be accompanied by the requisite fee provided for in
Section 111 of Title 28 of the Oklahoma Statutes and shall contain:
(a) the name and address of the debtor,
(b) the social security number of the debtor or, in the case of a
debtor doing business other than as an individual, the Internal
Revenue Service taxpayer identification number of such debtor, and
(c) a description of the farm products subject to the security
interest created by the debtor, including the amount of such products
where applicable; and a reasonable description of the property,
including the name of the county in which the property is located and
the crop year, if applicable.
(6) The filing in the office of the Secretary of State under this
section shall be in addition to the filing requirements provided for
in Section 9-401 of Title 12A of the Oklahoma Statutes.
(7) A financing or continuation statement covering farm products that
has not lapsed and which was filed pursuant to Section 9-401 of Title
12A of the Oklahoma Statutes between December 23, 1986, and the
effective date of this act, inclusive, and for which no written notice
was furnished as provided in Section 9-307.7 of this title, shall
become ineffective as to a buyer of farm products, commission merchant
or selling agent, unless the secured party files an effective
financing statement in the office of the Secretary of State.
(8) An effective financing statement shall not be deemed filed in
accordance with the provisions of this section until all fees
authorized by Section 111 of Title 28 of the Oklahoma Statutes
relating to the filing of such a statement are tendered to the
Secretary of State.
(9) The secured party shall file a termination statement within twenty
(20) days after there is no outstanding secured obligation and no
commitment to make advances, incur obligations or otherwise give
value. The secured party shall not be required to file a termination
statement if the debtor, in writing, addressed to the secured party,
requests said statement not be filed. Said request shall be signed by
the debtor or his authorized representative and said request may be
made at any time prior to the termination date set forth herein. If
the affected secured party fails to file such a termination statement
as required by this subsection, he shall be liable to the Secretary of
State for Five Hundred Dollars ($500.00) and in addition he shall be
liable to the debtor for any loss caused to the debtor by such
failure.
(10) The Attorney General shall be responsible for enforcing the
provisions of subsection (9) of this section on behalf of the
Secretary of State and is authorized to take appropriate actions to
collect any penalties owed to the Secretary of State pursuant to
subsection (9) of this section. When the Attorney General collects any
such penalty, he shall cause the penalty to be deposited into the
Central Filing System Revolving Fund created pursuant to Section 276.3
of Title 62 of the Oklahoma Statutes.
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