Section 72-01-02-11 - Searches1. The filing officer maintains for public inspection a searchable index for all records of UCC documents. The index shall provide for retrieval of a record by the name of the debtor, social security or tax identification number, and by the file number of the initial financing statement and each filed UCC record relating to the initial financing statement.a. Name searched. A search request should set forth the name of the debtor to be searched and must specify whether the debtor is an individual or an organization. A request will be processed using the name in the exact form it is submitted.b. Requesting party. A search request must include the name and address of the person to whom the search report is to be sent.c. Search request with filing. If a filer requests a search at the time a UCC record is filed, the name searched will be the debtor name as set forth on the form. The requesting party shall be the remitter of the UCC record and the search request shall be deemed to request a search that would retrieve all financing statements filed on or prior to the date the UCC record is filed.2. Rules applied to search requests. Search results are produced by the application of standardized search logic to the name presented to the filing officer. Human judgment does not play a role in determining the results of the search. The following apply to searches: 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 uppercase and lowercase letters.c. Punctuation marks and accents are disregarded.d. The word "the" at the beginning of the search criteria is disregarded and "and" and "&" are interchangeable.3. Optional information.a. Public access. Any person may obtain from any filing office at no charge the following information:(1) Whether any records exist for a specific name, or social security number or tax identification number, within the computerized central index system;(2) If any records exist for the specific name, or social security number or tax identification number, the index in which they appear; and(3) The filing office in which the records are located. b. Data bases. Included within the computerized central index systems are the following indexes which may be searched:(1) Uniform Commercial Code index, including agricultural statutory liens;(2) Central notice system index;(3) Statutory lien index;(4) Agricultural statutory lien notice index;(5) Federal lien index; and(6) State tax lien index.c. Types of searches.(1) A search may be conducted by name of the debtor, or name of secured party, or social security number or tax identification number, or file number.(2) Each name, or social security number or tax identification number, searched must be deemed a separate search.(3) A search request must indicate which index or indexes are to be searched. If no index is indicated, the search will be on unlapsed UCC filings only.(4) A copy of a filing must include all pages of the original filing and of each amendment.d. Copy requests. (1) A copy of a filing must include all pages of the original filing and of each amendment.(2) Any request for a certified copy of a filing must be made to the filing office where the original filing was made.N.D. Admin Code 72-01-02-11
Effective February 1, 1992; amended effective November 1, 1999; June 1, 2002.General Authority: NDCC 28-32-02, 41-09-97, 54-09-09
Law Implemented: NDCC 41-09-40, 41-09-90, 41-09-94, 41-09-96, 54-09-09, 54-09-10, 54-09-11