N.M. Code R. § 12.6.2.129

Current through Register Vol. 35, No. 11, June 11, 2024

Section 12.6.2.129 - NAMES OF DEBTORS WHO ARE INDIVIDUALS

For the purpose of these rules, an "individual debtor name" is any name provided as a debtor name in a UCC record in a format that indentifies the name as that of a debtor who is an individual, without regard to the nature or character of the name or to the nature or character of the actual debtor.

A. Individual name. 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 surnames (last or family names), first personal names (given), and additional name(s) or initial(s) of individuals. The name of a debtor with a single name (e.g., "Cher") is treated as a surname and shall be entered in the individual's surname field. The filing officer assumes no responsibility for the accurate designation of the components of a name but will accurately enter the data in accordance with the filer's designations.

B. Titles and prefixes before names. Titles and prefixes, such as "doctor," "reverend," "Mr.," and "Ms.," should not be entered in the UCC information management system. However, as provided in Subsection B of 12.6.2.205 NMAC, when a UCC document is submitted with designated name fields, the data will be entered in the UCC information management system exactly as it appears.

C. Titles and suffixes after names. Titles or indications of status such as "M.D." and "esquire" are not part of an individual's name and should not be provided by filers in UCC documents. Suffixes that indicate which individual is being named, such as "senior," "junior," "I," "II," and "III," are appropriate. In either case, as provided in 12.6.2.205 NMAC, they will be entered into the information management system exactly as received.

D. Extended debtor name field. If any portion of the individual debtor name is too long for the corresponding field, the filer is instructed to check the box that indicates the name was too long and enter the name in Item 10 of the addendum Form UCC1AD. A filing officer shall not refuse to accept a financing statement that lacks the debtor's identifying information, provided the record includes this information in an addendum form.

E. Truncation - individual names. For records filed after June 30, 2001 but before March 26, 2003, personal name fields in the UCC database are fixed in length. Although filers provided full names on their UCC documents, a name that exceeded the fixed length was entered as presented to the filing officer, up to the maximum length of the data entry field. The length of data entry name fields are as follows.

(1) first name: 40 characters.

(2) middle name: 30 characters.

(3) last name: 80 characters.

(4) suffix: 10 characters.

F. For UCC records filed on or after March 26, 2003, name fields in the UCC data base are not fixed in length.

N.M. Code R. § 12.6.2.129

12.6.2.129 NMAC - N, 7/1/2001; A, 7/1/2003; A, 7/31/2013