PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: Replace chapter 308-390 WAC with new chapter 308-391 WAC:
| • | To align rules with the model rules adopted by the International Association of Commercial Administrators. |
| • | To simplify the public's ability to discover and understand the UCC filing and search procedures. |
| • | To reflect technological enhancements made to the UCC Information Management System. |
Citation of Existing Rules Affected by this Order: Repealing chapter 308-390 WAC.
Statutory Authority for Adoption: RCW 62A.9A-526.
Other Authority: Chapters 60.68, 60.13, 9A.82 RCW.
Adopted under notice filed as WSR 09-09-029 on April 6, 2009.
Changes Other than Editing from Proposed to Adopted Version: Clarified WAC 308-391-202(3) by replacing the word "record" with "financing statement form."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 45, Amended 0, Repealed 44.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 29, 2009.
Nancy Skewis
Administrator
OTS-2205.1
REPEALER
The following chapter of the Washington Administrative Code is repealed:
| WAC 308-390-100 | General provisions. |
| WAC 308-390-101 | Definitions. |
| WAC 308-390-102 | UCC record delivery and time of filing. |
| WAC 308-390-103 | Search request delivery. |
| WAC 308-390-104 | Forms. |
| WAC 308-390-105 | Fees. |
| WAC 308-390-106 | Expedited services. |
| WAC 308-390-107 | Methods of payment. |
| WAC 308-390-108 | Overpayment and underpayment policies. |
| WAC 308-390-109 | Bulk records. |
| WAC 308-390-201 | Multiple names. |
| WAC 308-390-202 | Deadline for filing a continuation statement. |
| WAC 308-390-203 | Acknowledgment. |
| WAC 308-390-204 | Grounds for refusal. |
| WAC 308-390-300 | UCC information management system. |
| WAC 308-390-301 | Primary data elements. |
| WAC 308-390-302 | Names of debtors who are individuals. |
| WAC 308-390-303 | Names of debtors that are organizations. |
| WAC 308-390-304 | Estates. |
| WAC 308-390-305 | Trusts. |
| WAC 308-390-306 | Initial financing statement. |
| WAC 308-390-307 | Amendment. |
| WAC 308-390-308 | Assignment of powers of secured party of record. |
| WAC 308-390-309 | Status of parties upon filing a continuation. |
| WAC 308-390-310 | Status of parties upon filing a termination. |
| WAC 308-390-311 | Correction statement. |
| WAC 308-390-312 | Procedure upon lapse. |
| WAC 308-390-313 | XML records. |
| WAC 308-390-314 | EDI documents. |
| WAC 308-390-315 | Direct on-line (non-XML) filing and search procedures. |
| WAC 308-390-400 | Filing and data entry procedures. |
| WAC 308-390-401 | Errors of the filing officer. |
| WAC 308-390-402 | Notice of bankruptcy. |
| WAC 308-390-403 | Data entry of names. |
| WAC 308-390-500 | Search requests and reports. |
| WAC 308-390-501 | Search requests. |
| WAC 308-390-502 | Rules applied to search requests. |
| WAC 308-390-503 | Optional information. |
| WAC 308-390-504 | Search responses. |
| WAC 308-390-505 | Transition. |
| WAC 308-390-600 | Other lien notices. |
| WAC 308-390-601 | Agricultural liens. |
| WAC 308-390-602 | Processor lien or preparer. |
| WAC 308-390-603 | Notice of liens in favor of a governmental body. |
OTS-2206.3
UNIFORM COMMERCIAL CODE, ARTICLE 9
(1) "Active record" means a UCC record that has been stored in the UCC information management system and indexed in, but not yet removed from, the searchable indexes.
(2) "Address" means information provided as an address on a UCC record as long as it includes at least a city and a state or foreign country.
(3) "Amendment" means a UCC record that amends the information contained in a financing statement. Amendments include assignments, continuations and terminations.
(4) "Assignment" is an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement.
(5) "Correction statement" means a UCC record that indicates a financing statement is inaccurate or wrongfully filed.
(6) "Filing office" and "filing officer" mean the director of the department of licensing or designee.
(7) "Filing officer statement" means a statement entered into the filing office's information system to correct an error made by the filing office.
(8) "Initial financing statement" means a UCC record that causes the filing office to establish the initial record of filing of a financing statement.
(9) "Remitter" means a person who submits a UCC record and payment to the filing office for filing, whether the person is a filer or an agent of a filer responsible for submitting the record for filing. "Remitter" does not include a person responsible merely for the delivery of the record to the filing office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process.
(10) "Searchable indexes" means the searchable index of individual debtor names and the searchable index of organization debtor names maintained in the UCC information management system.
(11) "Secured party of record" includes a secured party of record as defined in the UCC as well as the person who has been a secured party of record and an amendment has been filed to delete that person as a secured party of record.
(12) "UCC" means the Uniform Commercial Code as adopted in this state under chapter 62A.9A RCW.
(13) "UCC information management system" means the information management system used by the filing office to store, index, and retrieve information relating to financing statements and liens as described in these filing office rules.
(14) "UCC record" means an initial financing statement, an amendment, an assignment, a continuation statement, a termination statement, a filing officer statement, or a correction statement, and includes a record maintained by the filing office. The term does not refer exclusively to paper or paper-based writings.
(15) "Unlapsed record" means a UCC record that has been stored and indexed in the UCC information management system, which has not yet lapsed under RCW 62A.9A-515 with respect to all secured parties of record.
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(1) Personal delivery at the filing office's street address. Delivery is accepted between 8:00 a.m. and 5:00 p.m. Monday through Friday except state holidays. The file time for a UCC record delivered by this method is when the UCC record is first examined by a filing officer for processing, even though the UCC record may not yet have been accepted for filing and subsequently may be rejected.
(2) Courier delivery at the filing office's street address. Delivery by courier is considered personal delivery under subsection (1) of this section and the same rules apply.
(3) Postal service delivery to the filing office's mailing address. The file time for a UCC record delivered by this method is when the UCC record is first examined by a filing officer for processing, even though the UCC record may not yet have been accepted for filing and subsequently may be rejected.
(4) Electronic mail and telefacsimile delivery are not accepted.
(5) Electronic filing. UCC records may be transmitted electronically using the XML format prescribed by the filing office. The time of filing of a UCC record delivered by this method is the time the filing office's information management system determines that all the required elements of the transmission have been received in the required format.
(6) Direct web page data entry. UCC records may be delivered by on-line data entry using the filing office's web site on the internet. The file time for a UCC record delivered by this method is the time the entry of all required elements of the UCC record in the proper format is acknowledged by the on-line entry system.
(7) Means of communication. Regardless of the method of delivery, information in UCC records communicated to the filing office must be machine readable and only in the form of characters included in the American National Standards Institute (ANSI) character set 0-255. Handwriting is not an acceptable means of completing any UCC form.
(8) Transmitting utility. The only means to indicate to the filing office that an initial financing statement is being filed against a debtor that is a transmitting utility, in order to affect the filing office's determination of lapse date, is to check the appropriate box on a UCC1 Addendum filed with the initial financing statement or by transmitting the information in the proper field in an electronic filing of the initial financing statement.
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| FILINGS | DELIVERY MODE | FEE INCLUDING SURCHARGE |
| Financing Statement | electronic | $11.00 |
| Financing Statement Amendment | electronic | $11.00 |
| UCC1 Financing Statement (1 or 2 pages) | $23.00 | |
| UCC3 Financing Statement Amendment (1 or 2 pages) | $23.00 | |
| UCC5 Correction Statement (1 or 2 pages) | $23.00 | |
| Attachment | mail and electronic | $1.00 each page |
| SEARCH TYPE | DELIVERY MODE | FEE |
| Search by debtor name | electronic | No charge |
| Search by file number | electronic | No charge |
| Debtor name search with copies | electronic | $15.00 |
| Search held to reflect the filing | electronic | $10.00/debtor name |
| UCC11 Search response | $10.00 | |
| UCC11 Search response with copies | $15.00 | |
| Search held to reflect the filing (UCC1 box 7) | $10.00/debtor name |
| BULK DATA | DELIVERY MODE | FEE | |
| Full text | electronic | $500 | |
| Text plus images | electronic | $1,000 | |
| Weekly updates | electronic | $150 | |
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(1) Cash. Payment in cash is accepted if paid in person at the filing office.
(2) Checks. Personal checks, cashier's checks, and money orders made payable to the filing office are accepted for payment provided that the drawer (or the issuer in the case of a cashier's check or money order) is deemed creditworthy by the filing office in its discretion. Checks may be made payable in an amount to be filled in by the filing office if the filing office is clearly authorized to fill in the amount.
(3) Electronic funds transfer. The filing office may accept payment via electronic funds transfer under National Automated Clearing House Association (NACHA) rules from remitters who have entered into appropriate NACHA-approved arrangements for electronic transfers with the UCC filing office and who authorize the relevant transfer under those arrangements and rules.
(4) Credit cards. The filing office accepts payment by credit cards issued by approved issuers. Remitters must provide the card number, the expiration date of the card, the name of the card issuer, the name of the person or entity to whom the card was issued, the billing address for the card, and any other information required by the filing office to complete the transaction. Payment will not be deemed tendered until the issuer or its agent has confirmed payment. This method of payment is accepted for on-line services only.
(5) The filing office accepts payment for bulk data by check or electronic funds transfer, except weekly updates which must be paid by electronic funds transfer.
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(2) Underpayment. Upon receipt of a UCC record or search request with an insufficient payment, the filing office returns a copy of the request to the name and address provided in box B. The processing fees paid under WAC 308-391-104 are not refundable and the remitter must submit a new payment.
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(1) Full text data. The data elements of all active records may be purchased monthly.
(2) Image data. Images of those records filed on paper since October 1, 2001, may be purchased monthly if purchased with full text data.
(3) Weekly updates. A purchaser may subscribe to receiving weekly updates of the records and images filed in the previous week.
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SECTION 2 - ACCEPTANCE AND REFUSAL OF RECORDS• Determine the legal sufficiency or insufficiency of the UCC record;
• Determine that information in the record is correct or incorrect, in whole or in part; or
• Create a presumption that information in the UCC record is correct or incorrect, in whole or in part.
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(a) A continuation statement may be filed no earlier than six months preceding the date in which the financing statement would lapse. Example: If a financing statement will lapse on July 7th, the earliest the corresponding continuation statement may be filed is January 7th of the same year.
(b) If there is no corresponding date, the first day on which a continuation may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse. Example: If a financing statement will lapse on October 31st, the earliest the corresponding continuation statement may be filed is April 30th. This rule is subject to the ability of the filing office to take delivery of the continuation statement.
(2) Last day permitted.
(a) The last day on which a continuation statement may be filed is the date upon which the related financing statement lapses. This rule is subject to the ability of the filing office to take delivery of the continuation statement. Accordingly, the time of filing of the continuation statement must occur on or prior to the last day. Delivery by certain means of communication may not be available on the last day if the filing office is not open for business or the on-line services are unavailable.
(b) The one exception to this rule pertains to a record which lapses on February 29th in a year when there is no February 29th. The last day on which a continuation statement may be filed is March 1st.
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(1) The financing statement does not provide an address that meets the minimum requirements for an address as set forth in these filing office rules.
(2) The information on the financing statement form is not machine-printed. However, attachments to the form may be handwritten.
(3) The financing statement form contains illegible information. Labels and imprints from ink stamps are considered illegible.
(4) The named debtor(s) is a public official, as provided in RCW 60.70.030.
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SECTION 3 - UCC INFORMATION MANAGEMENT SYSTEM
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(1) Identification numbers.
(a) Each initial financing statement or lien is identified by its unique file number. A record is created in the information management system for each initial financing statement or lien and all information comprising the record is maintained in the system. The record is identified by the same information assigned to the initial financing statement or lien.
(b) A UCC record other than an initial financing statement or lien is identified by a unique file number assigned by the UCC information management system. In the UCC information management system, all UCC records other than initial financing statements and liens are linked to the record of their related initial record.
(2) Type of record. The type of UCC record from which data is transferred is identified in the UCC information management system from information supplied by the remitter.
(3) Filing date and filing time. The filing date and filing time of UCC records are stored in the UCC information management system. Calculation of the lapse date of an initial financing statement is based upon the filing date.
(4) Identification of parties. The names and addresses of debtors and secured parties are transferred from UCC records to the UCC information management system.
(5) Page count. The total number of pages in a UCC record is maintained in the UCC information management system.
(6) Lapse indicator. An indicator is maintained by which the information management system identifies whether or not a financing statement will lapse and, if it does, when it will lapse.
(7) Indexes of names. The filing office maintains in the UCC information management system a searchable index of organization debtor names, a searchable index of individual debtor names, a searchable index of organization secured party names, and a searchable index of individual secured party names. The index is not a separate data base but is comprised of records in the UCC information management system identified to be included in the searchable index.
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(1) Individual name fields. Individual debtor names are stored in files that include only the individual debtor names, and not organization debtor names. Separate data entry fields are established for first (given), middle (given), and last names (surnames or family names) of individuals. The name of a debtor with a single name (e.g., "Cher") is treated as a last name and shall be entered in the last name field. The filing office assumes no responsibility for the accurate designation of the components of a name but shall accurately enter the data in accordance with the filer's designations.
(2) Titles, prefixes and suffixes. Titles, prefixes (e.g., "Ms.") and suffixes or indications of status (e.g., "M.D.") are not typically part of a debtor's name. However, when entering a "name" into the UCC information management system, the filing office will enter the data exactly as it appears in the fields.
(3) Truncation of individual names. Personal name fields in the UCC information management system are fixed in length. Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the filing office, up to the maximum length of the data entry field. The lengths of data entry name fields are as follows:
(a) First name: 100 characters.
(b) Middle name: 100 characters.
(c) Last name: 100 characters.
(d) Suffix: 10 characters.
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(1) Single field. Organization debtor names are stored in files that include only organization debtor names and not individual debtor names. A single field is used to store an organization debtor name.
(2) Truncation of organization names. The organization debtor name field in the UCC data base is fixed in length. The maximum length is 300 characters. Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the filing office, up to the maximum length of the organization debtor name field.
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(1) Status of secured party. Each secured party named on an initial financing statement is a secured party of record, except that if the UCC record names an assignee, the secured party/assignor is not a secured party of record and the secured party/assignee is a secured party of record. Both names are indexed in the UCC information management system while the financing statement is an active record.
(2) Status of debtor. Each debtor name provided in the initial financing statement is indexed in the UCC information management system while the financing statement is an active record.
(3) Status of financing statement. The financing statement is an active record. A lapse date is calculated, five years from the file date, unless the initial financing statement indicates that it is filed against a transmitting utility, in which case there will be no lapse date.
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(1) If an amendment adds a debtor or a secured party to the record, the new debtor or secured party is added to the appropriate index and associated with the record of the financing statement in the UCC information management system.
(2) An amendment that designates an assignee causes the assignee to be added as a secured party of record.
(3) If an amendment deletes a debtor or a secured party from a financing statement, no debtor or secured party of record is deleted from the UCC information management system. A deleted secured party will still be treated by the filing office as a secured party of record as the filing office cannot verify the effectiveness of an amendment.
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(2) Status. The filing of a continuation has no effect upon the status of any party to the financing statement or upon the status of the financing statement.
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SECTION 4 - FILING AND DATA ENTRY PROCEDURES
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(2) Data entry performed by remitters in filing UCC records electronically is the responsibility of the remitter and is not verified by the filing office.
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SECTION 5 - SEARCH REQUESTS AND REPORTS
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(1) Name to be searched. A search request must set forth the name to be searched using designated fields for organization and individual first, middle, and last names. A search request will be processed using the data and designated fields exactly as submitted, including the submission of no data in a given field, without regard to the nature or character of the debtor or secured party that is the subject of the search.
(2) Requesting party. The name and address of the person to whom the search results are to be sent.
(3) Fee. The appropriate fee shall be tendered by a method described in WAC 308-391-106.
(4) Search logic. The request shall specify if a search methodology other than that described in WAC 308-391-503 is to be applied in conducting the search. If no such methodology is specified, the one described in WAC 308-390-503 will be applied.
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(1) The request may limit the UCC records that would normally be provided by requesting that results be limited to those UCC records that:
• Include a particular city in the debtor address;
• Were filed within a particular range of dates; or
• Relate to agricultural liens and non-UCC records only.
(2) Scope of search. A search request may ask for a search that reports all active records retrieved by the search rather than only unlapsed records retrieved by the search.
(3) Mode of delivery. The filing office will honor an on-line request to return the results by courier if the remitter provides a valid courier account number and the requested mode is available to the filing office.
(4) Search request with filing. If a filer requests a search at the time an initial financing statement is filed, by checking box 7 of the UCC1 or by marking the appropriate field on the on-line initial financing statement, the search request will be conducted as soon as it is possible to retrieve all relevant UCC records filed on or prior to the date the initial financing statement is filed. A fee is required for each debtor name searched.
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(1) Standard search logic. The following rules describe the filing office's standard search logic and apply to all searches except for those where the search request specifies that a nonstandard search logic be used:
(a) There is no limit to the number of matches that may be returned in response to the search criteria.
(b) No distinction is made between upper and lower case letters.
(c) The character "&" (the ampersand) is deleted and replaced with the characters "and" in each place it appears in the name.
(d) Punctuation marks and accents are disregarded. Punctuation and accents include all characters other than the numerals 0 through 9 and the letters A through Z (in any case) of the English alphabet.
(e) The following words and abbreviations at the end of an organization name that indicate the existence or nature of the organization are "disregarded" to the extent practicable as determined by the filing office's programming of its UCC information management system:
ATTORNEYS AT LAW, MEDICAL DOCTORS PROFESSIONAL ASSOCIATION, PROFESSIONAL
ASSOCIATION, NATIONAL ASSOCIATION, SAVINGS ASSOCIATION, MEDICAL DOCTORS
PROFESSIONAL CORPORATION, PROFESSIONAL CORPORATION, SERVICE CORPORATION,
PROFESSIONAL LIMITED LIABILITY COMPANY, LIMITED LIABILITY COMPANY" & ",
PROFESSIONAL LIMITED LIABILITY CO, REGISTERED LIMITED LIABILITY PARTNERSHIP,
LIMITED LIABILITY PARTNERSHIP, LIMITED PARTNERSHIP, GENERAL PARTNERSHIP, AS
TRUSTEE, REAL ESTATE INVESTMENT TRUST, BUSINESS TRUST, FEDERAL CREDIT UNION,
CREDIT UNION, FEDERAL SAVINGS BANK" & ", NATIONAL BANK, SOLE PROPRIETORSHIP,
GEN PART, PROF ASSN, PROF CORP, INCORPORATED, ASSOCIATION, CORPORATION,
PARTNERSHIP, ASSOCIATES, CHARTERED, CHARTER, COMPANY, PARTNERS, RAILROAD,
LIMITED, PARTSHP, TRUSTEE, AGENCY, ASSOC, TRUST, ASSN, ASSC, BANK, CORP,
LTEE, L T E E" & ", MDPA, M D P A, MDPC, M D P C, PLLC, P L L C, REIT, R E
I T, RLLP, L L L P, DBA, D B A, FCU, F C U, FSB, F S B, INC, LLP, L L P,
LLC, L L C, LTD, SPA, S P A, CO, CU, C U, GP, G P, LC, L C, LP, L P, NA, N
A, PA, P A, PC, P C, P S, PS, RR, SA, S A, SC, SP, S P
(f) The word "the" at the beginning of an organization
debtor name is disregarded.
(g) All spaces are disregarded.
(h) For first and middle names of individual debtor names, initials are treated as the logical equivalent of all names that begin with those initials. For example, a search request for "John A. Smith" would cause the search to retrieve all records against all individual debtors with "John" or the initial "J" as the first name, "Smith" as the last name, and with the initial "A" or any name beginning with "A" in the middle name field.
A first name with no middle name or initial is equated with all middle names and initials. For example, if the search request were for "John Smith" (first and last names with no designation in the middle name field), the search would retrieve all records against an individual with "John" or the initial "J" as the first name, "Smith" as the last name, and with any name or initial, or no name or initial, in the middle name field.
(i) If the name being searched is the last name of an individual name without any first or middle name provided, the search will retrieve from the UCC information management system all unlapsed records or, if requested by the searcher, all active records with individual names that consist of only that last name.
(j) After using the preceding rules to modify the name being searched, the search will retrieve from the UCC information management system all unlapsed records, or, if requested by the searcher, all active records with names that, after being modified as provided in this rule, exactly match the modified name being searched.
(2) Nonstandard search logic. The filing office provides a flexible Browse Names tool to help the searcher narrow the search to one specific name for the standard search request. It helps identify UCC records filed under old laws or under other laws (like IRS liens). It also helps to find names with alternate spellings, abbreviations and other variations.
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(1) Copies. If copies are requested, copies of all UCC records retrieved by a debtor name search are provided unless only limited copies are requested by the searcher. Copies may reflect redaction of certain personal identifying information. The filing office cannot provide copies with a search by secured party name.
(2) Introductory information. The filing office includes the following information with a search response:
(a) Identification of the agency director responsible for the search report.
(b) Unique number that identifies the search report.
(c) The date and time the report was generated.
(d) The date on or prior to which a UCC record must have been filed with the filing office for it to be reflected on the search.
(e) Certification language: "The Director certifies that the following list and attached copies, if any, are a true and exact representation of all financing statements and non-UCC liens for the name searched, as filed with the Department of Licensing, Uniform Commercial Code Program, as of the through date shown above."
(f) Search logic disclaimer language: "A search limited to a particular city, range of dates, or file number may not reveal all records against a name searched. The searcher bears the risk of relying on such a search result."
(g) Name provided by the searcher to be searched.
(h) Search string. The name searched after modifications made as provided by WAC 308-391-503.
(i) Lien type searched. Identifies the types of records included: All UCC records, or Ag liens, or non-UCC records.
(j) Scope of search: Indicates whether it includes only unlapsed, or all active records.
(k) Search logic used: RA-9 standard search logic is used in all certified searches.
(l) Copies. When requested, copies of records will be attached to a certified search report, but the individual copies will not be certified. The requestor may specify certain copies related to one specific debtor name.
(3) Report. The body of the search report will contain the following:
(a) Identification of record. Identification of each initial financing statement and non-UCC lien, including a listing of all related amendments, correction statements, or filing officer notices, filed on or prior to the through date corresponding to the search criteria. Financing statement information includes, but is not limited to the following:
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SECTION 6 - OTHER NOTICES OF LIENS
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(a) Designate the financing statement as a statement filed under RCW 60.13.040 evidencing the processor lien or preparer lien by marking "Non-UCC Filing" (not AG-lien) in box 5, and by stating which type of lien is claimed in box 8.
(b) State the true amount or a reasonable estimate of the debt demanded after deducting all credits and offsets and the date on which payment was due for the agricultural product or fish to be charged with the lien in box 10 of the Addendum.
(c) State the name and address of the processor(s), conditioner(s) or preparer(s) who received the agricultural product or fish to be charged with the lien in boxes 1, 2 and 11, as needed.
(d) State the name and address of the lien holder in box 3.
(e) Add a description sufficient to identify the agricultural product or fish to be charged with the lien in box 4.
(f) Include the statement that the amount claimed is a true and bona fide existing debt as of the date of the filing of the notice evidencing the lien, and the statement that the act of filing this notice constitutes the present intention of the producer or commercial fisherman that the statements there are true and adopted by the producer or commercial fisherman as their own in box 10 of the Addendum. If you cannot include all of the information required to be included in box 10, use the additional space provided in box 16 of the Addendum with a cross-reference that it is a continuation of the information to be added to box 10.
(2) Authentication. The authorized filing of the financing statement on the approved forms, containing the additional information, and in the manner that complies with the requirements of this section is deemed to be an authenticated record by the producer or commercial fisherman as required by RCW 60.13.040(2).
(3) Where to file. File in the department of licensing as provided in WAC 308-391-101.
(4) Fee. The fees are the same as provided in WAC 308-391-104.
(5) Duration. As provided in RCW 60.13.060(1), the processor lien shall terminate twelve months after, and the preparer lien shall terminate fifty days after, the later of the date of attachment of the lien or filing of the statement, unless a suit to foreclose the lien has been filed before that time as provided in RCW 60.13.070. Thus a filed statement evidencing a processor lien or a preparer lien is not effective for five years, and need not, and may not be continued as provided in WAC 308-391-201.
(6) Mechanics of search. Crop liens claimed under chapter 60.11 RCW, processor liens or preparer liens claimed under chapter 60.13 RCW for which statements have been filed in accordance with this rule, and financing statements filed under RCW 62A.9A-310 are revealed in a search as provided in WAC 308-391-505.
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(1) Notice of Federal Tax Lien, RCW 60.68.045;
(2) Criminal Profiteering Lien, RCW 9A.82.120 through 9A.82.140;
(3) Department of Justice Lien, RCW 60.68.015.
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