70A-9a-523. Information from filing office -- Sale or license of records.

534 words·~2 min read·/ut/title-70a/chapter-9a/70a-9a-523

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to Subsection 70A-9a-519(1)(a) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:

(a)note upon the copy the number assigned to the record pursuant to Subsection 70A-9a-519(1)(a) and the date and time of the filing of the record; and

(b)send the copy to the person.

(2)If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:

(a)the information in the record;

(b)the number assigned to the record pursuant to Subsection 70A-9a-519(1)(a) ; and

(c)the date and time of the filing of the record.

(3)The filing office shall communicate or otherwise make available in a record the following information to any person that requests it:

(a)whether there is on file on a date and time specified by the filing office, but not a date earlier than three business days before the filing office receives the request, any financing statement that:

(i)designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request;

(ii)has not lapsed under Section 70A-9a-515 with respect to all secured parties of record; and

(iii)if the request so states, has lapsed under Section 70A-9a-515 and a record of which is maintained by the filing office under Subsection 70A-9a-522(1) ;

(b)the date and time of filing of each financing statement; and

(c)the information provided in each financing statement.

(4)In complying with its duty under Subsection

(3), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of its authenticity.

(5)The filing office shall perform the acts required by Subsections

(1)through

(4)at the time and in the manner prescribed by filing-office rule, but in the case of a filing office described in Subsection 70A-9a-501(1)(b) not later than two business days after the filing office receives the request.

(6)At least weekly, the Division of Corporations and Commercial Code shall offer to sell or license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under this part, in every medium from time to time available to the filing office.

(a)Subsections

(1)through

(6)apply only to records filed in the Division of Corporations and Commercial Code.

(b)With respect to financing statements filed with a county recorder under this chapter, a county recorder shall provide receipts, acknowledgments of filings and copies, and permit searches of the records of the county recorder's office in the same manner as if the financing statements were records of mortgages.

Enacted by Chapter 252 , 2000 General Session