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RULE §95.100Definitions

Terms used in these filing-office rules but not defined in this section that are defined in the UCC shall have the respective meanings accorded such terms in the UCC.

  (1) Active Record. "Active Record" means a UCC record that has been stored in the UCC information management system and indexed in, but not yet removed from, the Searchable Indexes.

  (2) Address. "Address" means information provided as an address on a UCC record as long as it includes at least a city and a state or foreign country.

  (3) Amendment statement. "Amendment" means a UCC record that amends the information contained in a financing statement. Amendments include assignments, continuations and terminations.

  (4) Assignment statement. "Assignment" is an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement.

  (5) Information statement. "Information statement" means a UCC record that indicates that a financing statement is inaccurate or wrongfully filed.

  (6) Filing office/officer. "Filing office" and "filing officer" mean Texas Secretary of State.

  (7) Filing officer statement. "Filing officer statement" means a statement entered into the filing office's UCC information management system to correct an error made by the filing office.

  (8) Initial financing statement. "Initial financing statement" means a UCC record that causes the filing office to establish the initial record of filing of a financing statement.

  (9) Remitter. "Remitter" means a person who tenders a UCC record to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. "Remitter" does not include a person responsible merely for the delivery of the record to the filing office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process.

  (10) Searchable indexes. "Searchable indexes" means the searchable index of individual debtor names and the searchable index of organization debtor names maintained in the UCC information management system.

  (11) Secured party of record. "Secured party of record" includes a secured party of record as defined in the UCC as well as a person who has been a secured party of record with respect to whom an amendment has been filed purporting to delete them as a secured party of record. The term includes the assignor listed on an amendment that purports to be an assignment.

  (12) UCC. "UCC" means the Uniform Commercial Code as adopted in this state.

  (13) UCC information management system. "UCC information management system" means the information management system used by the filing office to store, index, and retrieve information relating to financing statements as described under Subchapter C of this chapter (relating to UCC Information Management System).

  (14) UCC record. "UCC record" means an Initial financing statement, an amendment, an assignment, a continuation statement, a termination statement, a filing officer statement or an information statement, and includes a record thereof maintained by the filing office. The term shall not be deemed to refer exclusively to paper or paper-based writings.

  (15) Unlapsed record. "Unlapsed record" means a UCC record that has been stored and indexed in the UCC information management system, which has not yet lapsed under §9.515, Texas Business and Commerce Code, with respect to all secured parties of record.

Source Note: The provisions of this §95.100 adopted to be effective July 1, 2012, 37 TexReg 4571; amended to be effective January 9, 2014, 39 TexReg 73

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