Section 1360-08-01-.02 - MEANS TO DELIVER UCC RECORDSUCC records may be tendered for filing at the filing office as follows:
(a) Personal delivery by remitter, at the filing office's street address. The file time for a UCC record delivered by this method is based on the file date and file time assigned by the scanner software when the document is scanned by the filing office, even though the UCC record may not yet have been accepted for filing and subsequently may be rejected. This rule applies only to a remitter who tenders a UCC record to the filing office and awaits an immediate determination of whether the UCC record will be taken.(b) Courier delivery by a person other than a remitter, at the filing office's street address. The file time for a UCC record delivered by this method is based on the file date and file time assigned by the scanner software when the document is scanned by the filing office, even though the UCC record may not yet have been accepted for filing and subsequently may be rejected. This rule does not apply to a courier who is acting as an agent of the remitter and who tenders a UCC record to the filing office and awaits an immediate determination of whether the UCC record will be taken under Rule 1360-08-01-.02(a).(c) Postal service delivery, to the filing office's mailing address. The file time for a UCC record delivered by this method is based on the file date and file time assigned by the scanner software when the document is scanned by the filing office, even though the UCC record may not yet have been accepted for filing and subsequently may be rejected.(f) Electronic data entry. UCC records may be delivered by electronic data entry using the filling office's website 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 online entry system and confirmation is received that all fees and taxes that constitute the payment have been received.(g) Means of communication. Regardless of the method of delivery, information submitted to the UCC filing office must be communicated only in the form of characters that are defined in an acceptable character set. A financing statement or amendment form that does not designate separate fields for organization and individual names and separate fields for first, middle, and last names and suffixes for individual names is not an acceptable means of communication to the filing office.(h) Transmitting utility, manufactured home, and public finance transactions. The only means to indicate to the filing office that an initial financing statement is being filed in connection with a manufactured home or public finance transaction or that a financing statement is being or has been filed against a debtor that is a transmitting utility, in order to affect the filing office's determination of the lapse date under Rule 1360-08-03-.07(3) or Rule 1360-08-03-.08, is to check the appropriate box on a UCC-1 addendum filed with respect to the financing statement or to transmit the requisite information in the proper field in an electronic filing that is such initial financing statement or is a part of such financing statement.Tenn. Comp. R. & Regs. 1360-08-01-.02
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, 47-9-501, and 47-9-526 and 2012 Tenn. Pub. Acts Ch. 708.