(810 ILCS 5/Art. 9 Pt. 5 Sub. 2 heading)
SUBPART 2.
DUTIES AND OPERATION OF FILING OFFICE
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(810 ILCS 5/9-519)
Sec. 9-519.
Numbering, maintaining, and indexing records;
communicating information provided in records.
(a) Filing office duties. For each record filed in a filing office, the
filing office shall:
(1) assign a unique number to the filed record;
(2) create a record, which may be electronic,
| | microfilm, or otherwise, that bears the number assigned to the filed record and the date and time of filing;
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(3) maintain the filed record for public inspection;
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(4) index the filed record in accordance with
| | subsections (c), (d), and (e).
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(b) File number. A file number assigned after January 1, 2002,
must include a digit that:
(1) is mathematically derived from or related to the
| | other digits of the file number; and
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(2) aids the filing office in determining whether a
| | number communicated as the file number includes a single-digit or transpositional error.
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(c) Indexing: general. Except as otherwise provided in
subsections (d) and (e), the filing office shall:
(1) index an initial financing statement according to
| | the name of the debtor and index all filed records relating to the initial financing statement in a manner that associates with one another an initial financing statement and all filed records relating to the initial financing statement; and
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(2) index a record that provides a name of a debtor
| | which was not previously provided in the financing statement to which the record relates also according to the name that was not previously provided.
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(d) Indexing: real-property-related financing statement. If a
financing statement is filed as a fixture filing or covers as-extracted
collateral or
timber to be cut, it must be filed for record and the filing office shall index
it:
(1) under the names of the debtor and of each owner
| | of record shown on the financing statement as if they were the mortgagors under a mortgage of the real property described; and
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(2) to the extent that the law of this State provides
| | for indexing of records of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee thereunder, or, if indexing is by description, as if the financing statement were a record of a mortgage of the real property described.
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(e) Indexing: real-property-related assignment. If a financing
statement is filed as a fixture filing or covers as-extracted collateral or timber to be
cut, the filing office shall index an assignment filed under Section 9-514(a) or an
amendment filed under Section 9-514(b):
(1) under the name of the assignor as grantor; and
(2) to the extent that the law of this State provides
| | for indexing a record of the assignment of a mortgage under the name of the assignee, under the name of the assignee.
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(f) Retrieval and association capability. The filing office shall
maintain a capability:
(1) to retrieve a record by the name of the debtor
| | and by the file number assigned to the initial financing statement to which the record relates; and
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(2) to associate and retrieve with one another an
| | initial financing statement and each filed record relating to the initial financing statement.
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(g) Removal of debtor's name. The filing office may not remove
a debtor's name from the index until one year after the effectiveness of a
financing
statement naming the debtor lapses under Section 9-515 with respect to all
secured
parties of record.
(h) Timeliness of filing office performance. The filing office shall
perform the acts required by subsections (a) through (e) at the time and in the
manner prescribed by filing-office rule, but not later than two business days
after
the filing office receives the record in question.
(i) Inapplicability to real-property-related filing office. Subsections
(b) and (h) do not apply to a filing office described in Section
9-501(a)(1).
(j) Unless a statute on disposition of public records provides otherwise,
if the filing officer has an electronic, microfilm, or other image record to be
maintained of the financing statement, continuation statement, statement of
assignment, statement of release, termination statement, or any other related
document, he or she may remove and destroy the original paper submission.
(Source: P.A. 91-893, eff. 7-1-01; 92-33, eff. 7-1-01.)
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(810 ILCS 5/9-520)
Sec. 9-520.
Acceptance and refusal to accept record.
(a) Mandatory refusal to accept record. A filing office shall
refuse to accept a record for filing for a reason set forth in Section 9-516(b)
and
may refuse to accept a record for filing only for a reason set forth in Section
9-516(b).
(b) Communication concerning refusal. If a filing office refuses
to accept a record for filing, it shall communicate to the person that
presented the
record the fact of and reason for the refusal and the date and time the record
would
have been filed had the filing office accepted it. The communication must be
made
at the time and in the manner prescribed by filing-office rule,
but in the case of a filing
office described in Section 9-501(a)(2),
in no event more than two
business
days after the filing office receives the record.
(c) When filed financing statement effective. A filed financing
statement satisfying Section 9-502(a) and (b) is effective, even if the filing
office is
required to refuse to accept it for filing under subsection (a). However,
Section
9-338 applies to a filed financing statement providing information described in
Section 9-516(b)(5) which is incorrect at the time the financing statement is
filed.
(d) Separate application to multiple debtors. If a record
communicated to a filing office provides information that relates to more than
one
debtor, this Part applies as to each debtor separately.
(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-521)
Sec. 9-521. Uniform form of written financing statement and
amendment.
(a) Initial financing statement form. A filing office that accepts
written records may not refuse to accept a
written initial financing statement
in the
form and format
set forth in the official text of the 2010 amendments to Article 9 of the
Uniform Commercial Code
promulgated by the American Law Institute and the National Conference of
Commissioners on Uniform State Laws,
except for a reason set forth in Section
9-516(b).
(b) Amendment form. A filing office that accepts written records may not
refuse
to accept a written record in
the form and format
set forth as Form UCC3 and Form UCC3Ad in the final official text of the 2010 amendments to Article 9 of the
Uniform Commercial Code
promulgated by the American Law Institute and the National Conference of
Commissioners on Uniform State Laws, except for a
reason
set
forth in Section 9-516(b).
(Source: P.A. 97-1034, eff. 7-1-13.)
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(810 ILCS 5/9-522)
Sec. 9-522.
Maintenance and destruction of records.
(a) Post-lapse maintenance and retrieval of information. The
filing office shall maintain a record of the information provided in a filed
financing
statement for at least one year after the effectiveness of the financing
statement has
lapsed under Section 9-515 with respect to all secured parties of record. The
record
must be retrievable by using the name of
the debtor and:
(1) if the record was filed in the filing office
| | described in Section 9-501(a)(1), by using the file number assigned to the initial financing statement to which the record relates and the date and time that the record was filed or recorded; or
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(2) if the record was filed in the filing office
| | described in Section 9-501(a)(2), by using the file number assigned to the initial financing statement to which the record relates.
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(b) Destruction of written records. Except to the extent that a
statute governing disposition of public records provides otherwise, the filing
office
immediately may destroy any written record evidencing a financing statement.
However, if the filing office destroys a written record, it shall maintain
another
record of the financing statement which complies with subsection (a).
(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-523)
Sec. 9-523.
Information from filing office; sale or license of records.
(a) Acknowledgment of filing written record. 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 Section 9-519(a)(1) 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:
(1) note upon the copy the number assigned to the
| | record pursuant to Section 9-519(a)(1) and the date and time of the filing of the record; and
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(2) send the copy to the person.
(b) Acknowledgment of filing other record. If a person files a
record other than a written record, the filing office shall communicate to the person
an acknowledgment that provides:
(1) the information in the record;
(2) the number assigned to the record pursuant to
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(3) the date and time of the filing of the record.
(c) Communication of requested information. The filing office
shall communicate or otherwise make available in a record the following
information to any person that requests it:
(1) 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:
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(A) designates a particular debtor or, if the
| | request so states, designates a particular debtor at the address specified in the request;
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(B) has not lapsed under Section 9-515 with
| | respect to all secured parties of record; and
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(C) if the request so states, has lapsed under
| | Section 9-515 and a record of which is maintained by the filing office under Section 9-522(a);
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(2) the date and time of filing of each financing
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(3) the information provided in each financing
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(d) Medium for communicating information. In complying with
its duty under subsection (c), 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.
(e) Timeliness of filing office performance. The filing office shall
perform the acts required by subsections (a) through (d) at the time and in the
manner prescribed by filing-office rule,
but in the case of a filing
office described in Section 9-501(a)(2),
not later than two business days
after
the filing office receives the request.
(f) Public availability of records. At least weekly, the Secretary
of State 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.
(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-524)
Sec. 9-524.
Delay by filing office.
Delay by the filing office beyond a
time
limit prescribed by this Part is excused if:
(1) the delay is caused by interruption of
| | communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and
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(2) the filing office exercises reasonable diligence
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(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-525)
Sec. 9-525. Fees.
(a) Initial financing
statement or
other record: general rule.
Except as otherwise
provided in subsection (e), the fee for filing and indexing a record under this
Part,
other than an initial financing statement of the kind described in subsection
(b),
is:
(1) $20 if the record is communicated in writing and
| | consists of one or two pages;
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(2) $20 if the record is communicated in writing and
| | consists of more than two pages; and
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(3) $20 if the record is communicated by another
| | medium authorized by filing-office rule.
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(b) Initial financing statement:
public-finance
and
manufactured-housing transactions. Except as
otherwise provided in subsection (e), the fee for filing and indexing an
initial
financing statement of the following kind is:
(1) $20 if the financing statement indicates that it
| | is filed in connection with a public-finance transaction;
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(2) $20 if the financing statement indicates that it
| | is filed in connection with a manufactured-home transaction.
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(c) Number of names. The number of names required to be
indexed does not affect the amount of the fee in subsections (a) and (b).
(d) Response to information request. The fee for responding to a
request for information from the filing office, including for issuing a
certificate
showing communicating whether there is on file any financing
statement naming
a particular debtor, is:
(1) $10 if the request is communicated in writing; and
(2) $10 if the request is communicated by another
| | medium authorized by filing-office rule.
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(e) Record of mortgage. This Section does not require a fee with
respect to a record of a mortgage which is effective as a financing statement
filed as
a fixture filing or as a financing statement covering as-extracted collateral
or timber
to be cut under Section 9-502(c). However, the recording and satisfaction fees
that
otherwise would be applicable to the record of the mortgage apply.
(f) Of the total money collected for each filing with the Secretary of State of an original financing statement, amended statement, continuation, or assignment, or for a release of collateral, $12 of the filing fee shall be paid into the Secretary of State Special Services Fund. The remaining $8 shall be deposited into the General Revenue Fund in the State treasury.
(Source: P.A. 93-990, eff. 8-23-04.)
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(810 ILCS 5/9-526)
Sec. 9-526.
Filing-office rules.
(a) Adoption of filing-office rules. The Secretary of State
shall adopt and publish rules to implement
this
Article. The filing-office rules must be:
(1) consistent with this Article; and
(2) adopted and published in accordance with the
| | Illinois Administrative Procedure Act.
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(b) Harmonization of rules. To keep the filing-office 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 Secretary of State,
so far as is consistent with the purposes,
policies,
and provisions of this Article, in adopting, amending, and repealing
filing-office
rules, shall:
(1) consult with filing offices in other
| | jurisdictions that enact substantially this Part; and
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(2) consult the most recent version of the Model
| | Rules promulgated by the International Association of Corporate Administrators or any successor organization; and
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(3) take into consideration the rules and practices
| | of, and the technology used by, filing offices in other jurisdictions that enact substantially this Part.
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(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-527)
Sec. 9-527.
Duty to report.
The Secretary of State
shall report annually to the
Governor and
Legislature on the operation of the filing office. The report must contain a
statement of the extent to which:
(1) the filing-office rules are not in harmony with
| | the rules of filing offices in other jurisdictions that enact substantially this Part and the reasons for these variations; and
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(2) the filing-office rules are not in harmony with
| | the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators, or any successor organization, and the reasons for these variations.
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(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-528)
Sec. 9-528.
Liability of filing officer.
Neither the filing officer nor
any of the filing officer's employees or agents shall be subject to personal
liability by reason of any error or omission in the performance of any duty
under this Article except in the case of willful and wanton conduct.
(Source: P.A. 92-33, eff. 7-1-01.)
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