Tennessee Completion and Execution Instructions for CT

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Tennessee
Completion and Execution Instructions for CT Corporation System
UCC Forms
With Whom Filed
Filings related to real property/fixtures:
Register of Deeds
All other filings:
Secretary of State
Form Types and Versions
Through 6/28/2011
National UCC Financing Statement (UCC-1) Rev. 7/29/98, 5/22/02
National UCC Financing Statement Addendum (UCC-1Ad), Rev. 7/29/98, 5/22/02
National UCC Financing Statement Additional Party (UCC-1Ap) Rev. 5/22/02
National UCC Financing Statement Amendment (UCC-3) Rev. 7/29/98, 5/22/02
National UCC Financing Statement Amendment Addendum (UCC-3Ad) Rev. 7/29/98
National UCC Financing Statement Amendment Additional Party (UCC-3Ap) Rev. 5/22/02
National Correction Statement (UCC-5), Rev. (5/22/02)
National Information Request (UCC-11), Rev. (5/09/01)
Effective 7/1/2011
National UCC Financing Statement (UCC-1) Rev. 4/20/2011
National UCC Financing Statement Addendum (UCC-1Ad), Rev. 4/20/2011
National UCC Financing Statement Additional Party (UCC-1Ap) Rev. 8/22/2011
National UCC Financing Statement Amendment (UCC-3) Rev. 4/20/2011
National UCC Financing Statement Amendment Addendum (UCC-3Ad) Rev. 4/20/2011
National UCC Financing Statement Amendment Additional Party (UCC-3Ap) Rev. 8/22/2011
National Correction Statement (UCC-5), Rev. 7/19/2012
National Information Request (UCC-11), Rev. 5/09/01
Number of Copies Required
Original only.
The original will be scanned and returned as the acknowledgment.
Additional Instructions
There is a special provision in Tennessee law requiring that a tax be paid at the time of filing
certain documents. (TSA § 67-4-409(b))
2010 IACA Amendments – July 1, 2013 Effective Date
This is an Alternative A – “Only If” State
The Only If alternative requires that the filer provide the name shown on the debtor’s
driver’s license. Any other name would make the financing statement seriously
misleading unless otherwise disclosed on a Section 9-506(c) search.
Tennessee Statute/Where to File
Sec. 47-9-501. Filing office.
(a) Filing offices. Except as otherwise provided in subsection (b), if the local law of this State
governs perfection of a security interest or agricultural lien, the office in which to file a financing
statement to perfect the security interest or agricultural lien is:
(1) the office designated for the filing or recording of a record of a mortgage on the related
real property, if:
(A) the collateral is as-extracted collateral or timber to be cut; or
(B) the financing statement is filed as a fixture filing and the collateral is goods that are
or are to become fixtures; or
(2) the office of the Secretary of State, in all other cases, including a case in which the
collateral is goods that are or are to become fixtures and the financing statement is not filed as
a fixture filing.
(b) Filing office for transmitting utilities. The office in which to file a financing statement to
perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of
the Secretary of State. The financing statement also constitutes a fixture filing as to the collateral
indicated in the financing statement which is or is to become fixtures.
Tennessee Special Provisions
Central Filing Provisions: File Numbers
Financing statement filed between and including March 1, 1996 and December 31, 1999:
file number includes three segments: the year of filing expressed as a two digit number; an
internal control number expressed as a single digit number; and a six digit identification number.
Financing statement filed on or after January 1, 2000:
file number includes three segments: an internal control number expressed as a single digit
number; the year of filing expressed as a two digit number; and a six digit identification number.
Financing statement filed on or after January 1, 2002:
file number may instead include three segments: the year of filing expressed as a two or four digit
number; a unique six digit number assigned to the financing statement by the filing office; and a
one or two digit verification number assigned by the filing office but algorithmically derived from
the numbers in the other two segments.
Local Provisions
Sullivan County has two separate filing offices within the same county. This county uses civil
districts as the basis to determine which is the proper filing office location.
Sullivan County (Bristol Office): Civil districts 1,2,17,19, 21 and 22
Sullivan County (Blountville Office): All civil districts not part of Bristol office.
Tennessee UCC Filing Information
Forms:
Sec. 47-9-521. 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 following form and format except for a reason
set forth in Section 47-9-516(b):
[A picture of the National Financing Statement and Addendum form with a revision date of
7/29/98 is placed here.]
(b) Amendment form. A filing office that accepts written records may not refuse to accept a
written record in the following form and format except for a reason set forth in Section 47-9516(b):
[A picture of the National Financing Statement and Addendum form with a revision date of
7/29/98 is placed here.]
Standard Forms: IACA promulgated National forms (Rev. 7/29/98 and 5/22/02)
Effective Period (47-9-515): Post-effective-date financing statements -- 5 years; public finance
and manufactured-home transaction --- 30 years; A record of mortgage filed as a financing
statement is effective until the mortgage is released, terminated or satisfied; If the debtor is
transmitting utility, the financing statement remains effective until terminated.
Filing Requirements
All team members are expected to know and fully understand all of the form instructions. These
form instructions are considered to be an official part of the form, and every step must be taken to
ensure our customer's filings comply with the form instructions at all times.
Tennessee Financing Statement Requirement:
The Basics [47-9-502]:

Name and Address of the Debtor

Name and Address of the Secured Party

Collateral Description
Additional Information [47-9-516(b)(5)]:

Indicate whether the debtor is an individual or an organization;

Recordation Tax Notation and Fee. The form must state: "Maximum principal indebtedness
for Tennessee recording tax purposes is $____." If the financing statement is exempt from
the tax, indicate an amount of $0.00 indebtedness. The Secretary of State recommends that
the recordation tax information be included in the collateral box. See Tennessee Recordation
Tax Section below.

Tennessee does NOT require the debtor information in items #1d. #1e, and #1g of the
national form, and such information is not recorded in the Division’s UCC information
management system.. [Tennessee Dept. of State Div. of Business Services Filing Guide]
Notes:

Any additional names must be provided on the National Addendum or the National
Additional Party Form in order to be indexed by the filing office.
Effective May 1 , 2008, the Tennessee Legislature attempted to provide some additional clarity
regarding individual debtor names by amending Article 9, section 9-503(a)(4), to provide that a
financing statement sufficiently provides the name of the debtor, if the debtor is an individual,
only if the financing statement provides the individual's name shown on one (1) of the following:
1) A State-issued driver license or identification card;
2) A Birth Certificate;
3) A passport;
4) A Social Security card; or
5) A government-issued military identification card.
On June 13, 2008, The Tennessee Governor signed Senate Bill 372, and it took effect
immediately. This bill once again amended section 9-503(a)(4), by deleting the references to
birth certificates, passports, social security cards, and government-issued military identification
cards as acceptable sources for individual debtor names.
Section 9-503(a)(4) now provides that the financing statement sufficiently provides the name of
the debtor, if the debtor is an individual, if the financing statement provides the individual's name
shown on the individual's drivers license or identification license issued by the individual's state
of residence.
A Timeline of time periods and individual debtor name rules
As a result of these two pieces of legislation, there are three time periods during which the rules
for a "correct" individual debtor name will vary.
UCC financing statements filed prior to May 1, 2008: A financing statement sufficiently provides
the name of an individual debtor if the "correct name" is used. No further guidance or specificity
is provided.
UCC financing statements filed between May 1, 2008 and June 13, 2008: A financing statement
sufficiently provides the name of an individual debtor if it contains the individual's name shown
on the state-issued license or ID card, a birth certificate, a passport, a social security card, or a
military ID card.
UCC financing statements filed after June 13, 2008: A financing statement sufficiently provides
the name of an individual debtor is it contains the individual's name shown on the state-issued
license or ID card.
!! Transition Rules for amending 2008 UCC filings containing insufficient individual debtor
names!!
As a result, there will be a small pool of financing statements on record that were filed against
individual debtors between May 1, 2008, and June 13, 2008. These financing statements may
contain an individual debtor name as provided by a birth certificate, passport, social security
card, or military ID. Pursuant to Senate Bill 372, these filings must be reviewed and amended if
necessary. There is a sixty day period during which this may be accomplished, commencing on
June 13, 2008..
The statute provides the following:
Step One:
(a) Section 47-9-503(a)(4) as it existed pursuant to Public Chapter 648, Acts of 2008 applies to
initial financing statements and amendments filed on or
after May 1, 2008, but before the effective date of this act, that provide the name of an individual
as debtor.
(b) If the initial financing statement or amendment provides the name of an individual debtor
authorized by Public Chapter 648, Acts of 2008, the following
transition rules apply:
(1) The financing statement shall sufficiently provide the name of the debtor if:
(A) The name is the name shown on the individual's driver's license or identification license, as
provided in § 47-9-503(a)(4); or
(B) The debtor's name is otherwise sufficient as determined in accordance with any other method
permitted by law, excluding § 47-9-503(a)(4) as it existed pursuant to Public Chapter 648, Acts
of 2008.
Step Two:
(2) If the financing statement does not sufficiently provide the name of the debtor as set forth in
subsection (b)(1) above, then the financing statement shall nevertheless be deemed to sufficiently
provide the name of the debtor:
(A) For a period of sixty (60) days from the effective date of this act; and
(B) Thereafter only if an amendment to the financing statement is filed within the sixty (60) day
period to provide the name of the debtor as set forth in subsection (b)(1).
Result
(3) A financing statement properly amended by an amendment filed pursuant to subsection (b)(2)
shall be deemed to have sufficiently provided the name of the debtor from and after its original
filing date.
Transition Period Financing Statement (In Lieu of Continuation Statement)
Requirements:
Tennessee Amendment Statement Requirements:
General Form Requirements
The Basics:

File number [47-9-512]

Name of the authorizing party: secured party or debtor [47-9-509]

Any additional names must be provided on the National Addendum or the National
Additional Party Form in order to be indexed by the filing office.
Amendment Requirements
Continuation [47-9-515(d)]:

Must be filed no sooner than six months before the expiration date of the financing
statement.
Amendment:

An amended debtor name will be treated as a new debtor name in the system. Thus, when
amending a debtor name, include the amended debtor name and address and indicate if
individual or organization. If an organization, provide organization type, jurisdiction of
organization, and organization identification number or indication of none. [47-9-516(b)(5)]

If adding a debtor name: include new debtor name and address and indicate if individual or
organization. If an organization, provide organization type, jurisdiction of organization, and
organization identification number or indication of none. [47-9-516(b)(5)]

If adding/amending a secured party name: provide new secured party name and address.

Collateral Amendment: If an amendment adds new collateral, taxes may be due on this
additional collateral. The TN SoS requires that the additional tax information be placed in
item 8 (collateral change) on the front page of the form. If this information is placed
elsewhere, it will not be indexed.
Assignment [47-9-514]:

An assignment must provide the name of the assignor and the name and mailing address of
the assignee. If a partial assignment, check the appropriate box in box 8 and describe the
assigned collateral.

A description of the collateral assigned must also be provided.

If the form indicates a partial assignment and the collateral to be assigned is included on the
form, the filing office considers the indication of the collateral assigned as a separate
amendment. The form will be considered to have two amendments and will be charged
accordingly.
Termination [47-9-513]:

No Additional Requirements
Tennessee Fixture and Real Property Filing Requirements:
Form Requirements
Financing Statement [47-9-502]:

Name and Address of the Debtor

Name and Address of the Secured Party

Collateral Description

Addendum page must be attached and all fields related to fixture/real property filings must be
completed:
1. Indication of whether the financing statement covers timber to be cut, as extracted
collateral or fixtures.
2. Description of the real estate
3. Name and Address of the Record Owner, if applicable.
Additional FS Information [47-9-516(b)(5)]:

Indicate whether the debtor is an individual or an organization;

Recordation Tax Notation and Fee. The form must state: "Maximum principal indebtedness
for Tennessee recording tax purposes is $____." If the financing statement is exempt from
the tax, indicate an amount of $0.00 indebtedness. The Secretary of State recommends that
the recordation tax information be included in the collateral box. See Tennessee Recordation
Tax Section below.

Tennessee does NOT require the debtor information in items #1d. #1e, and #1g of the
national form, and such information is not recorded in the Division’s UCC
information management system.. [Tennessee Dept. of State Div. of Business
Services Filing Guide]
Amendment Statement [47-9-512]:

File number

Name of the authorizing party: secured party or debtor [47-9-509]

It is recommended that the debtor name be included on the form.

A cover page must be submitted with the filing stating "This is intended as a fixture filing and
is to be recorded in the real estate records."

Check box (Item 1b) indicating that the amendment is to be filed in the Real Estate Records.

Recordation Tax Notation and Fee. Collateral Amendment: If an amendment adds new
collateral, taxes may be due on this additional collateral. See Tennessee Recordation Tax
Section below.
Tennessee Recordation Tax [TSA $ 67-4-409 (b)]:
Tennessee has a recordation tax to be paid at the time of filing of any instrument evidencing
indebtedness.
Instruments:

The recordation tax is due on any instrument evidencing an indebtedness, including but not
limited to mortgages, deeds of trust, conditional sales contracts, financing statements
contemplated by the Uniform Commercial Code, and liens on personalty, other than on motor
vehicles

The tax shall NOT BE REQUIRED for the recordation of judgment liens, contractors’ liens,
subcontractors’ liens, furnishers’ liens, laborers’ liens, mechanics’ and materialmen’s liens,
financing statements filed pursuant to the Uniform Commercial Code which secure an
interest solely in investment property, and mortgages or deeds of trust issued under the
Home Equity Conversion Act, as compiled in title 47, chapter 30, and which are labeled on
the face under the provision of such chapter.
Tax Rate:

The tax rate is eleven and one-half ($0.115) cents on each one hundred dollars ($100) or
major fraction thereof of the indebtedness so evidenced.

The tax will not apply to the first two thousand dollars ($2,000) of the indebtedness

Where any part of the property used as security for the payment of the debt is located part
within Tennessee and part without, the tax applies to the principal amount of the debt in the
same ratio that the value of the secured property located in Tennessee bears to the value of
the whole property.

The tax shall be paid to county registers and the secretary of state.
UCC Filings:

The Secretary of State or County Register shall not record any instrument evidencing an
indebtedness, unless it contains the required statement and the tax is properly paid.

All recorded financing statements must contain the following language:
"Maximum
principal indebtedness for Tennessee recording tax purposes is $____." If the financing
statement is exempt from the tax, indicate an amount of $0.00 indebtedness and add a
statement indicating the basis for the tax exemption.

Or, if the financing statement is being filed to secure an obligation other than for a specific
amount of money, the tax will be based on the value of the property covered by the statement.
In this case, a valuation statement including a sworn statement by the owner of the property
must be attached to the financing statement. Also, the following language must appear on the
financing statement: "Secures obligation other than payment of specific sum - valuation
statement submitted herewith."

If a collateral amendment increases the indebtedness under the financing statement, the
amendment form must include the following language: "Maximum principal indebtedness
for Tennessee recording tax purposes is $____." with the amount of increase of the
indebtedness filled in the blank.

If there is an increase in the indebtedness beyond the amount stated in the filed financing
statement, the secured party should pay the tax on the increase within sixty (60) days of the
date the increase occurs.

The tax must be paid to the filing officer at the time of filing. Whenever the tax is paid at the
county level there is an additional $1.00 fee. If a filing is made in more than one office (i.e.:
Secretary of State and County), file one first to receive the acknowledgment copy which
serves as proof of payment of the tax. Then, submit the other filing with a copy of the
acknowledgment attached.

Nonpayment or underpayment of tax on an indebtedness, or failure to timely to pay tax on an
increase in indebtedness, shall not affect or impair the effectiveness, validity, priority or
enforceability of the security interest or lien created or evidenced by the instrument.

Nonpayment, underpayment or failure to pay the tax shall result in the imposition of a tax lien
in the amount of any tax and penalties unpaid and in favor of the Department of Revenue.
CT Policy Concerning Prepayment of the Recordation Tax
1. In no event should the tax be prepaid for any customer without advising the customer of the
tax owed, and obtaining customer approval for payment of the tax. When obtained, a note
indicating customer approval should be made in the concerned file.
2. The procedures for prepayment of the Recordation Tax can vary if there is a long-standing
relationship with a particular customer for whom we have prepaid the tax in the past. Any
variations must be reviewed and approved by a team leader.
3. Unless you have an approved and established method for dealing with prepayment of the
Recordation Tax for a particular customer, the following procedures should be followed:
4. After a CT representative has calculated the tax, it is necessary to contact the concerned
customer and explain how the tax owed has been calculated. The customer should also
calculate the tax to ensure that they arrive at the same figure.
5. If the tax due is less than $500, the customer should be offered the option of having CT
prepay the tax as part of the filing.
6. If the tax due exceeds $500, the customer must prepay the tax.
Tennessee Transition Provisions
Tennessee Search Procedures

Open Drawer System [9-519(c)]. The filing office maintains all records associated with a
debtor name or document number. This includes all lapsed, terminated and active filings.

Filings will continue to be listed for one year after lapse [9-522(a)]. Lapsed statements may
not be automatically provided in the search results. The searcher may need to request these
items.

The filing office will provide the date and information for any financing statement listed in
the search results. This information may be provided in any medium approved by the filing
office. The searcher will not always receive an exact copy of the statement submitted.

All amendment statements are associated with the initial financing statements. In order to
receive any information concerning a UCC-3 statement, a search must be requested based on
the UCC-1 filing date. Please note that update searches will NOT yield UCC-3s alone.

Tennessee’s update search is not uniform. Any update search will reveal only new initial
financing statements and amendments, continuations, etc. that pertain to initial
financing statements filed within the update time frame designated. Consult
correspondent to retrieve amendments filed that relate to initial financing statements
filed prior to the update period requested.
Tennessee Search Logic:
While the requirements for filing a UCC filing are quite precise, the rules for searching UCC
records are not as strict. When searching UCC records, the most important factor is the particular
"search logic" of the UCC database used in the particular state in question. It is the responsibility
of the correspondent/fulfillment office to understand the search logic of a particular jurisdiction
and search accordingly.
Searcher Safe Harbor [9-506(c)]. In order to enact the searcher safe harbor, it is recommended
that the searcher obtain the correct legal name and search according to the office's particular
search logic. It is the responsibility of the correspondent/fulfillment office to understand the
search logic of a particular jurisdiction and search accordingly.
The Tennessee Administrative Rules are available on the Tennessee Secretary of State website.
General Search Logic
 General Search Requirements:
1. The filing officer maintains a searchable index for all UCC records. The system will provide
for the retrieval of records by the name of the debtor and file number of the initial financing
statement to which the record relates and any other statement related to the initial financing
statement. [9-519(f), 1360-8-5-.01]
2. A search request should set forth the full correct name of the debtor or the name variant to be
searched. The searcher should also indicate if the debtor is an individual or organization. A
search request will be processed using the exact form of the name submitted. [1360-8-5-.02]
3. A financing statement sufficiently provides the name of an individual debtor only if the
financing statement provides the individual's name shown on the individual's drivers license
or identification license issued by the individual's state of residence.
Effective May 1 , 2008, the Tennessee Legislature attempted to provide some additional clarity
regarding individual debtor names by amending Article 9, section 9-503(a)(4), to provide that a
financing statement sufficiently provides the name of the debtor, if the debtor is an individual,
only if the financing statement provides the individual's name shown on one (1) of the following:
1) A State-issued driver license or identification card;
2) A Birth Certificate;
3) A passport;
4) A Social Security card; or
5) A government-issued military identification card.
On June 13, 2008, The Tennessee Governor signed Senate Bill 372, and it took effect
immediately. This bill once again amended section 9-503(a)(4), by deleting the references to
birth certificates, passports, social security cards, and government-issued military identification
cards as acceptable sources for individual debtor names.
Section 9-503(a)(4) now provides that the financing statement sufficiently provides the name of
the debtor, if the debtor is an individual, if the financing statement provides the individual's name
shown on the individual's drivers license or identification license issued by the individual's state
of residence.
A Timeline of time periods and individual debtor name rules
As a result of these two pieces of legislation, there are three time periods during which the rules
for a "correct" individual debtor name will vary.
UCC financing statements filed prior to May 1, 2008: A financing statement sufficiently provides
the name of an individual debtor if the "correct name" is used. No further guidance or specificity
is provided.
UCC financing statements filed between May 1, 2008 and June 13, 2008: A financing statement
sufficiently provides the name of an individual debtor if it contains the individual's name shown
on the state-issued license or ID card, a birth certificate, a passport, a social security card, or a
military ID card.
UCC financing statements filed after June 13, 2008: A financing statement sufficiently provides
the name of an individual debtor is it contains the individual's name shown on the state-issued
license or ID card.

1.
2.
3.
Rules applied to each search request [1360-8-5-.04]:
There is no limit to the number of matches that may be returned
There is no distinction between upper and lower case letters
All spaces, the word 'the', punctuation marks and accents, and "noise words" as identified in
the IACA list of corporate endings and abbreviations will be disregarded
4. First and middle name initials are equated with all first and middle names that begin with
such initials. No middle name or initial is equated with all middle names and initials.
Notes:

The "exact legal name" standard only applies to UCC liens that were filed after the effective
date. All pre-effective-date filings and other lien types should search DBA, FKA, trade
names, etc.

During the transition period, former Article 9 filing offices will continue to hold effective
financing statements. In order to catch any hidden liens, it is recommended that searches be
conducted in accordance with the old law through 2006.
Search Summary Charts
Tennessee Liens
UCC Liens
Secretary of State
Register of Deeds (RE related only)
(TSA § 47-9-501)
Federal Tax Liens
Period of Lien: 5 years
Register of Deeds
(TSA § 66-21-201)
State Tax Liens
Period of Lien: 10 years
Register of Deeds
(TSA § 67-1-1403)
Judgment Liens
Period of Lien: Indefinite*
Register of Deeds
(TSA § 25-5-105)
Court of General Jurisdiction
Period of Lien: 3 years; 10 years*
Circuit Court
*Unless otherwise requested, it is standard practice to search for a 10 year period.
* All judgment liens registered on or after May 17, 2000 have a ten year effective period.
UCC Liens
Collateral Type
General Business Collateral
including:
Equipment
Inventory
Accounts Receivable
Contract Rights
Consumer Goods
Farm Products, Crops, Farm
Equipment, Accounts and
General intangibles relating to the
sale of farm products by a farmer
Fixtures
Minerals (including oil and gas)
Including: accounts receivable
from oil and gas operations
Timber to be cut
Transmitting Utility (debtor)
All other types of Collateral
Revised Article 9
(Effective 07/01/01)
Secretary of State
Secretary of State
Secretary of State
Register of deeds in the county
where the land is located.
Register of deeds in the county
where the land is located.
Register of deeds in the county
where the land is located.
Secretary of State
Secretary of State
Tennessee
Secretary of State
ADDRESS:
State of Tennessee
Department of Business Services
312 Eighth Avenue North
6th Floor, William R. Snodgrass Tower
Nashville, TN 37243
PHONE:
615-741-3276
FAX:
615-532-2892
NOTES:
Methods of Delivery: Personal, Courier, Postal, Facsimile, Electronic. [1360-8-1-.07]
Methods of Payment: Cash, Checks, Money Orders, Electronic Funds Transfer, Prepaid Account,
Debit/Credit Cards. [1360-8-1-.14]
Make check payable to: Tennessee Secretary of State
Overpayment Policy: The filing officer may issue a credit voucher to the remitter for an
overpayment exceeding $10. The filing officer shall refund any overpayment upon the written
request of the remitter, provided that the remitter submits such a request within six months of the
time the overpayment was made.
Office hours: 8:00 a.m. - 4:30 p.m.
Statutory Response Times: Indexing and Searches --- 2 business days
Include the recordation tax (or proof of payment) with the filing fee. If the transaction is exempt,
be certain the appropriate language appears.
**This fee is $15.00 per debtor name if the amendment changes, modifies, deletes, or adds one or
more debtors.
If the form indicates a partial assignment and the collateral to be assigned is included in the
collateral description, the filing office considers the indication of the collateral assigned as a
separate function. If multiple functions are included on the form, the function will be charged the
amendment fee.
Directory of Filing Offices
Secretary of State
State of Tennessee
Department of Business Services
312 Eighth Avenue North
6th Floor, William R. Snodgrass Tower
Nashville, TN 37243
PHONE: 615-741-3276
FAX: 615-532-2892
Website: http://www.state.tn.us/sos/service.htm#ucc
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