WSR 00-02-013

PERMANENT RULES

DEPARTMENT OF LICENSING


(Uniform Commercial Code)

[ Filed December 27, 1999, 10:18 a.m. , effective February 1, 2000 ]

Date of Adoption: December 23, 1999.

Purpose: Amend rules to include: Definitions of standard and nonstandard UCC filing forms, fees for nonstandard filing forms, and fees for additional pages exceeding two page UCC filings.

Citation of Existing Rules Affected by this Order: Amending WAC 308-400-095 and 308-400-030.

Statutory Authority for Adoption: Chapters 62A.9, 60.11, 60.13, and 60.68 RCW.

Adopted under notice filed as WSR 99-22-042 on October 29, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0. Effective Date of Rule: February 1, 2000.

December 23, 1999

Alan E. Rathbun

BPD Assistant Director

OTS-3565.1


AMENDATORY SECTION(Amending WSR 99-06-003, filed 2/18/99, effective 4/1/99)

WAC 308-400-030
Definitions.

As used in this regulation: "Filing officer" means the director of the department of licensing or the county auditor or any person commissioned by them to act on their behalf in a Uniform Commercial Code or crop lien or processor or preparer filing procedure.

"Person" includes groups of persons, corporations, cooperatives, business trusts and all other entities capable of holding title to property.

"Filings" includes all financing statements and related documents, or documents submitted to a filing officer in lieu of financing statements under Title 62A RCW and chapters 60.11, 60.13, and 60.68 RCW.

"Claimant" means a person who claims or asserts a right, demand, or claim.

"Secured" means supported or backed by security or collateral.

"Standard filing form" means the filing form that meets the requirements regarding specifications, dimensions, and location of information as approved by the department of licensing. A UCC form approved by the International Association of Corporation Administrators is approved as a standard filing form.

"Nonstandard filing form" means any filing form that does not meet the standard filing form requirements regarding specifications, dimensions, and location of information as approved by the department of licensing.

[Statutory Authority: Chapters 62A.9, 60.11, 60.13, and 60.68 RCW. 99-06-003, § 308-400-030, filed 2/18/99, effective 4/1/99.      Statutory Authority: RCW 62A.9-409, 60.11.040, 60.13.040 and chapter 60.68 RCW as amended by 1988 c 73.      89-06-078 (Order BLS 130), § 308-400-030, filed 3/1/89.      Statutory Authority: RCW 62A.9-408(1) and 60.11.040(3).      86-24-055 (Order BLS 105), § 308-400-030, filed 12/2/86, effective 1/1/87.      Statutory Authority: RCW 62A.9-409(1).      82-05-014 (Order 659-DOL), § 308-400-030, filed 2/9/82.      Formerly WAC 434-16-030.]


AMENDATORY SECTION(Amending WSR 99-06-003 [99-22-040], filed 2/18/99 [10/29/99], effective 4/1/99 [12/1/99])

WAC 308-400-095
Fees.

(1) Beginning July 1, 1993, a standard filing fee of twelve dollars and fifty cents shall be charged for filing and indexing each of the following ((types of statements:)) statement types of standard filing forms up to two pages in length. A fee of one dollar per page shall be charged for each additional page.

(a) Original financing statement pursuant to RCW 62A.9-403;

(b) Deed of trust or mortgage pursuant to RCW 62A.9-302;

(c) Continuation statement pursuant to RCW 62A.9-403;

(d) Separate statement of assignment pursuant to RCW 62A.9-405;

(e) Statement of partial release pursuant to RCW 62A.9-406;

(f) Statement of amendment pursuant to RCW 62A.9-402;

(g) Processor or preparer lien pursuant to chapter 60.13 RCW;

(h) Crop lien pursuant to chapter 60.11 RCW;

(i) Notice of federal tax lien pursuant to chapter 60.68 RCW.

(2) A nonstandard filing fee at a rate double the standard filing fee shall be charged for the filing and indexing of each statement on a nonstandard filing form up to two pages in length, pursuant to RCW 62A.9-409, 60.11.040, 60.13.040, and chapter 60.68 RCW. A fee of one dollar per page shall be charged for each additional page.

(3) A fee of seventeen dollars and seventy cents shall be charged for a certificate of information pursuant to RCW 62A.9-407.

(((3))) (4) A fee of twenty-five dollars shall be charged for certificate of information and copies of any filed financing and related statements naming a particular debtor.

(((4))) (5) An additional fee shall be charged for each page transmitted to the purchaser by facsimile. The fee amount shall be one dollar per page for the first five pages, and fifty cents per page for the sixth page and subsequent pages.

(((5))) (6) A fee of two dollars shall be charged for each debtor name look up.

(((6))) (7) A fee of one dollar shall be charged for each computer printout of filing information.

(((7))) (8) A fee of two dollars shall be charged for each microfilm copy.

(((8))) (9) A fee of two dollars shall be charged for the certification of each document copy.

(((9))) (10) Data base information shall be made available on magnetic tape and microfilm pursuant to contract between the department and purchaser. Costs will be specified in the contract.

[Statutory Authority: Chapters 62A.9, 60.11, 60.13, and 60.68 RCW.      99-06-003, § 308-400-095, filed 2/18/99, effective 4/1/99.      Statutory Authority: RCW 43.24.086, 62A.9-409, 60.11.040, 60.13.040 and 60.68.035.      93-01-061, § 308-400-095, filed 12/11/92, effective 7/1/93.      Statutory Authority: RCW 62A.9-409(1) and 36.18.010.      90-04-050, § 308-400-095, filed 2/1/90, effective 3/4/90.      Statutory Authority: RCW 62A.9-409(1), 60.11.040(3), 60.13.040 (2)(f), 60.68.035(2) and 34.05.220.      89-24-022, § 308-400-095, filed 11/30/89, effective 12/31/89.      Statutory Authority: RCW 62A.9-409, 60.11.040, 60.13.040 and chapter 60.68 RCW as amended by 1988 c 73.      89-06-078 (Order BLS 130), § 308-400-095, filed 3/1/89.      Statutory Authority: RCW 60.11.040, 62A.9-409 as amended by 1987 c 189 § 6, RCW 60.13.040 as amended by 1987 c 189 § 7 and 1987 c 148 § 3.      87-16-059 (Order BLS 115), § 308-400-095, filed 7/30/87.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

© Washington State Code Reviser's Office