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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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