§12A-1-9-320.6. Central filing system relating to farm products.
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/ok/title-12a-uniform-commercial-code/12a-1-9-320-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CENTRAL FILING SYSTEM RELATING TO FARM PRODUCTS
(1)The Oklahoma County Clerk shall be responsible for developing and maintaining the central filing system. This responsibility shall include obtaining the necessary certification for the system from the United States Department of Agriculture (USDA). The effective date for the implementation of the central filing system shall be one hundred eighty
(180)days from the certification of the central filing system by the USDA.
(2)The Oklahoma County Clerk may promulgate, in accordance with laws governing business within its office, appropriate rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this part and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this part. The Oklahoma County Clerk, so far as is consistent with the purposes, policies, and provisions of this article in adopting, amending, and repealing filing office rules, shall:
(a)consult with filing offices in other jurisdictions
that enact substantially this part,
(b)consult the International Association of Commercial
Administrators or any successor organization, and
(c)take into consideration the rules and practices of,
and the technology used by, filing offices in other
jurisdictions that enact substantially this part, for
the implementation and operation of the central filing
system.
(3)The central filing system shall conform to the following requirements:
(a)The Oklahoma County Clerk shall record the date, hour,
minute, and second of the filing of each effective
financing statement;
(b)The Oklahoma County Clerk shall compile all effective
financing statements into a master list:
(i)organized according to farm products;
(ii)arranged within each such product:
(A)in alphabetical order according to the last
name of the individual debtors or, in the
case of debtors doing business other than as
individuals, the first word in the name of
the debtors;
(B)in numerical order according to the Social
Security number of the individual debtors
or, in the case of debtors doing business
other than as individuals, the Internal
Revenue Service taxpayer identification
number of the debtors;
(C)geographically by county produced; and
(D)by crop year; and
(iii)containing the information provided for in
subparagraph
(iv)of paragraph
(d)of Section 1-
9-320.2 of this title.
(c)The Oklahoma County Clerk shall maintain records of
all buyers of farm products, commission merchants,
selling agents and others who register with the
Oklahoma County Clerk, on a form containing:
(i)the name and address of each registrant;
(ii)the information on the farm product or products
that the registrant is requesting;
(iii)the name of each county where the product is
produced or to be produced, or a blanket code
covering all seventy-seven
(77)counties of this
state; and
(iv)an authorized signature.
(i)A copy of those portions of the master list
covering the information requested by a
registrant shall be distributed to such
registrants by the Oklahoma County Clerk on or
before the last business day of each month and
shall be presumed to have been received by the
third business day of the following month.
(ii)Registrants shall be deemed to be registered only
as to those portions of the master list for which
they register, and shall be deemed to have failed
to register and shall not be considered to be
registrants as to those portions for which they
do not register.
(iii)Registrants are subject only to security
interests shown on the portions of the master
list which they receive as a consequence of
registration with the Oklahoma County Clerk.
(iv)If a particular security interest is shown on the
master list, but was included since the last
regular distribution of portions of the master
list to registrants, registrants shall not be
subject to that security interest;
(e)The duration of the registration with the Oklahoma
County Clerk of a buyer of farm products, commission
merchant, selling agent or other registrant shall be
one
(1)year from the effective date of the
registration with the Oklahoma County Clerk.
(i)Upon request, within twenty-four
(24)hours of
any inquiry, for information, the Oklahoma County
Clerk shall provide confirmation of the existence
or nonexistence of any effective financing
statement on file. By the close of the business
day following the day on which the request was
received, written confirmation of the existence
of an effective financing statement will be
provided to buyers of farm products, commission
merchants, and selling agents who have not
registered, and others who request it.
(ii)The state or political subdivision shall not be
liable if a loss or claim results from any
confirmation of the existence or nonexistence of
any effective financing statement on file in the
Oklahoma County Clerk’s office made in good faith
by an employee of the Oklahoma County Clerk’s
office as required by the provisions of this
section.
(4)The filing in the office of the Oklahoma County Clerk under this section shall be in addition to the filing requirements provided for in this article.
(5)A financing or continuation statement covering farm products that has not lapsed and which was filed pursuant to this title between December 23, 1986, and October 24, 1988, inclusive, and for which no written notice was furnished as provided in Section 1-9-320.7 of this title, shall become ineffective as to a buyer of farm products, commission merchant or selling agent, unless the secured party files an effective financing statement in the office of the Oklahoma County Clerk.
(6)An effective financing statement shall not be deemed filed in accordance with the provisions of this section until all fees authorized by Section 111 of Title 28 of the Oklahoma Statutes relating to the filing of the statement are tendered to the Oklahoma County Clerk.
(7)The secured party shall file a termination statement within twenty
(20)days after there is no outstanding secured obligation or commitment to make advances, incur obligations or otherwise give value. The termination statement shall refer to the unique document ID number. The secured party shall not be required to file a termination statement if the debtor, in writing, addressed to the secured party, requests that a termination not be filed. The request shall be signed by the debtor or an authorized representative and the request may be made at any time prior to the expiration date of an effective financing statement set forth herein. If the affected secured party fails to file a termination statement as required by this subsection, the party shall be liable to the Oklahoma County Clerk for Five Hundred Dollars ($500.00). In addition the affected secured party shall be liable to the debtor for any loss caused to the debtor by the failure to terminate the effective financing statement.
(8)The Oklahoma County District Attorney shall be responsible for enforcing the provisions of subsection
(7)of this section on behalf of the Oklahoma County Clerk and is authorized to take appropriate actions to collect any penalties owed to the Oklahoma County Clerk pursuant to subsection
(7)of this section. When collected, the Oklahoma County District Attorney shall cause the penalty to be deposited into the Oklahoma County Clerk’s Uniform Commercial Code Central Filing Fund created pursuant to Section 1-9- 525.1 of Title 12A of the Oklahoma Statutes.
(9)As the purpose of an effective financing statement filing is to ensure that a joint check is made payable to the debtor and all applicable secured parties, there shall be no priority among filings. Filings shall be processed according to the order in which they were filed, as recorded in a timestamp within the filing.
(10)All active filings on the effective date of this act, as provided in paragraph
(1)of this section, shall be filed with the Oklahoma County Clerk’s office. Each active filing that is filed pursuant to the requirements of this paragraph shall be accompanied with a transition document that shall be provided by the Oklahoma County Clerk’s office. The Oklahoma County Clerk’s office shall charge no fee for active filings that are migrated to the system maintained by the Oklahoma County Clerk. Added by Laws 1987, c. 69, § 6. Amended by Laws 1991, c. 314, § 1, eff. Sept. 1, 1991; Laws 2000, c. 371, § 46, eff. July 1, 2001. Renumbered from § 9-307.6 of this title by Laws 2000, c. 371, § 183, eff. July 1, 2001. Amended by Laws 2001, c. 406, § 2, emerg. eff. June 4, 2001; Laws 2012, c. 304, § 53; Laws 2022, c. 109, § 1, eff. Nov. 1, 2022; Laws 2025, c. 419, § 4.