Section 1360-08-05-.04 - SEARCH METHODOLOGYSearch results are produced by the application of search logic to the name presented to the filing officer. Human judgment does not play a role in determining the results of the search.
(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 non-standard 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" each place it appears in the name.(d) Punctuation marks and accents are disregarded. For the purposes of this rule, punctuation marks 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: xix. Federal Savings Bankxxix. Limited Liability Companyxxxii. Limited Liability Partnershipxxxiv. Limited Partnershipxxxvi. Medical Doctors Professional Associationxxxviii. Medical Doctors Professional Corporationxliv. Professional Associationxlvii. Professional Corporationl. Professional Limited Liability Companyli. Professional Limited Liability Colv. Real Estate Investment Trustlvii. Registered Limited Liability Partnershiplxiii. Sole Proprietorship(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 such initials, and first name and no middle name or initial is equated with all middle names and initials. For example, a search request for "John A. Smith" would cause the search to retrieve all filings against all individual debtors with "John" or the initial "J" as the first name, "Smith" as the last name, and the initial "A" or any name beginning with "A" in the middle name field. This search will not return the name "Jon A. Smith" or "Jonathan A. Smith." 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 filings against individual debtors with "John" or the initial "J" as the first name, "Smith" as the last name, and any name or initial or no name or initial in the middle name field. This search will not return the name "Jon Smith" or "Jonathan Smith."(i) If the name being searched is the last name of an individual debtor name without any first or middle name provided, the search will retrieve from the UCC information management system all financing statements with individual debtor names that include the 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 that pertain to financing statements with debtor names that, after being modified as provided in this rule, exactly match the modified name being searched.(k) Additional search criteria include: i. Filter by debtor city or state.ii. Filter by secured party.iii. Filter by a particular date range.iv. Filter for a specific UCC file number.(2) Non-Standard Search Logic. The following non-standard search logic options may be requested on a search request and will be applied when requested: (a) The debtor search can be restricted to return only debtors in a specified city or state.(b) A secured party search can be requested based on secured party name and optional city/state.(c) A search can be performed based solely on a UCC file number.Tenn. Comp. R. & Regs. 1360-08-05-.04
Original rule filed October 23, 2000; effective January 6, 2001. Repeal and new rule filed March 19, 2013; effective June 17, 2013.Authority: T.C.A. §§ 4-5-202, 4-5-204, 47-9-523(c), and 47-9-526 and 2012 Tenn. Pub. Acts Ch. 708.