Colorado Table of Contents (ctrl + title will take you to the page) Completion and Execution Instructions for CT Corporation System UCC Forms ........................ 2 With Whom Filed ....................................................................................................................... 2 Form Types and Versions ........................................................................................................... 2 Number of Copies Required ...................................................................................................... 2 Additional Instructions................................................................................................................ 2 Colorado Statute/Where to File ...................................................................................................... 3 Sec. 4-9-501. Filing office. ......................................................................................................... 3 Colorado UCC Filing ...................................................................................................................... 3 Forms: ......................................................................................................................................... 3 Standard Forms ........................................................................................................................... 4 Effective Period (4-9-515): ......................................................................................................... 4 Filing Requirements .................................................................................................................... 4 Colorado Financing Statement Requirements ........................................................................ 4 Additional Information [4-9-516(b)(5)]:................................................................................. 4 Colorado Amendment Statement Requirements:.................................................................... 5 Colorado Fixture and Real Property Filing Requirements: .................................................... 6 Colorado Search Procedures ........................................................................................................... 7 UCC SEARCH : ......................................................................................................................... 7 Model Administrative Rules: .....................................................Error! Bookmark not defined. Search Logic: .............................................................................................................................. 7 General Search Logic .............................................................................................................. 7 Types of searches are offered? ................................................................................................ 8 Entering of Basic Information ...............................................Error! Bookmark not defined. Search By Reception ID.........................................................Error! Bookmark not defined. Name Search Criteria .............................................................................................................. 8 Demographic Search Criteria .................................................Error! Bookmark not defined. Refining your Search .............................................................................................................. 9 Search Tips.............................................................................................................................. 9 Search Summary Charts ................................................................................................................ 10 Colorado Liens .......................................................................................................................... 10 UCC Liens ................................................................................................................................ 10 Colorado Information.................................................................................................................... 11 Directory of Filing Offices............................................................................................................ 12 Completion and Execution Instructions for CT Corporation System UCC Forms With Whom Filed Filings related to real property/fixtures: County Recorder All other filings: Secretary of State Form Types and Versions 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) Number of Copies Required Original and one copy. Additional Instructions DO NOT INCLUDE SOCIAL SECURITY NUMBERS ON FILINGS. Colorado Statute/Where to File Sec. 4-9-501. Filing office. (a) Except as otherwise provided in subsection (b) of this section, 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) 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. (c) The office in which to file an effective financing statement pursuant to Article 9.5 of this title is the office of the secretary of state. Colorado UCC Filing Forms: Sec. 4-9-521. Uniform form of written financing statement and amendment. (a) A filing office that accepts written records may not refuse to accept a written initial financing statement in the form and format adopted from time to time by the secretary of state, except for a reason set forth in Section 4-9-516(b): [A picture of the National Financing Statement and Addendum form with a revision date of 7/29/98 is placed here.] (b) A filing office that accepts written records may not refuse to accept a written record in the form and format adopted from time to time by the secretary of state, except for a reason set forth in Section 4-9-516(b): (c) Effective May 1, 2007 the Colorado Secretary of State will reject any Uniform Commercial Code (UCC) or Effective Financing Statement (EFS) that is not submitted on the most current form provided by the Colorado Secretary of State. The Secretary of State adopted UCC1 Financing Statement (Rev 12/15/2001), Addendum (Rev. 07/16/2001), and Amendment (Rev. 07/16/2001) to prevent filers from including individual’s social security numbers. Standard Forms: IACA promulgated National forms (Rev. 7/29/98 and 5/22/03) However, Effective May 1, 2007 the Colorado Secretary of State will reject any Uniform Commercial Code (UCC) or Effective Financing Statement (EFS) that is not submitted on the most current form provided by the Colorado Secretary of State. The Secretary of State adopted UCC1 Financing Statement (Rev 12/15/2001), Addendum (Rev. 07/16/2001), and Amendment (Rev. 07/16/2001) to prevent filers from including individual’s social security numbers. Effective Period (4-9-515): Post-effective-date financing statements -- 5 years; manufacturedhome 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. Colorado Financing Statement Requirements The Basics [4-9-502]: Name and Address of the Debtor Name and Address of the Secured Party Collateral Description Do Not include social security numbers anywhere on filing. Additional Information [4-9-516(b)(5)]: Indicate whether the debtor is an individual or an organization; If the financing indicates that the debtor is an organization, provide: 1. A type of organization for the debtor 2. A jurisdiction of organization for the debtor 3. An organizational identification number for the debtor or indicate that the debtor has none Transition Period Financing Statement (In Lieu of Continuation Statement) Requirements: Colorado Amendment Statement Requirements: General Form Requirements The Basics: Identify, by file number and date, the initial financing statement which is to be amended. [49-512] Name of the authorizing party: secured party or debtor [4-9-509] If the original filing was submitted before January 1, 2000, indicate the original filing office. This information should be included in item 1a of the form. Amendment Requirements Continuation [4-9-515(d)]: Must be filed no sooner than six months before the expiration date of the financing statement. There are pre-effective-date financing statements on record that were continued outside the required period. These financing statements are effective for an additional five years beyond the date the financing statement otherwise would have lapsed. [4-9-528] See Colorado Special Provisions. 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. [4-9-516(2)(e)] 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. [4-9-516(2)(e)] If adding/amending a secured party name: provide new secured party name and address. Assignment [4-9-514]: 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. Termination [4-9-513]: No Additional Requirements Colorado Fixture and Real Property Filing Requirements: Form Requirements Financing Statement [4-9-502]: 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 [4-9-516(b)(5)]: Indicate whether the debtor is an individual or an organization; If the financing indicates that the debtor is an organization, provide: 1. A type of organization for the debtor 2. A jurisdiction of organization for the debtor 3. An organizational identification number for the debtor or indicate that the debtor has none Amendment Statement [4-9-512]: File number and date Name of the authorizing party: secured party or debtor [4-9-509] It is recommended that the debtor name be included on the form. If the original filing was submitted before January 1, 2000, indicate the original filing office. This information should be included in item 1a of 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. Colorado Search Procedures UCC SEARCH : When conducting a UCC search, it is the responsibility of the searcher to search against the correct debtor name, in accordance with the specific jurisdiction’s version of Revised Article 9-503 and relevant case law. A searcher should not attempt to manipulate the debtor name or apply “search logic” to the name being searched. “Search Logic” is, by definition, a series of operations performed by the filing office’s computer system at the time a search is conducted. “Search Logic” should never be applied to a debtor name by the party conducting the search. For example, a searcher should never remove punctuation, noise words, spacing, etc. from the correct debtor name prior to conducting a search. A searcher should always follow the direction of the statute, and enter the correct debtor name. Please be aware that the administrative rules, etc. cited below are advisory, and relate only to filing office actions and filing office systems. These rules should not be construed as authority for a private party to disregard the statutory obligation to conduct a search against the correct debtor name. Search Logic: 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. (500) 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. [CCR 1505-501] In addition to the online search feature, a certified search may be requested. A certified search request is still processed using the online search feature, but a certificate indicating the results of the search and all of the statements on file, is included. Certified copies of specific financing statements may also be requested. Requests for certified searches will only be processed on the exact information given in the request. Variances in names will not be searched. For example, a search request for a debtor name of "Robert Smith" will not return results for the nicknames "Bob" or "Rob.” Also, entity name terms and some phrases, such as “Inc,” “LLC,” or “a Colorado Corporation,” are disregarded. Before requesting a certified search, it may be to the requestor's advantage to do a search on all variations of the name to ensure that results received from our office are what is needed by the requesting party. Rules applied to each search request [CCR 1505-503]: 1. There is no limit to the number of matches that may be returned 2. There is no distinction between upper and lower case letters 3. 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 1. Numbering, maintaining, and indexing records [4-9-519]: The filing office maintains all records associated with a debtor name and assigns a unique document number. 2. Filings will continue to be listed for one year after lapse [4-9-522(a)]. 3. 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. Types of searches are offered? You can search UCC records in 1 of 4 ways: 1. 2. 3. 4. Reception ID Debtor Name Secured Party Name Assignee name. Choosing one of these search options takes you to the respective search form. Search results can be filtered. Searches are always initiated via one of these 4 methods. Name Search Criteria There are several Search Type options: ALPHA: Strips out all spaces and punctuation. This is the default search type. PHONETIC: Searches based on 'sounds like'. ALPHA & PHONETIC: Combination of alpha and phonetic search. This is often the best method when searching names which include "noise words", such as "The", "An", "Inc." and so forth. EXACT: Searches on exactly what is submitted. TEXT: Allows the use of a wildcard (*); example: *Freight* produces results including ABC Freight, Freight International, etc. (CO SOS). 1. You can choose either business or individual (default is business) a. The individual option fields are separated into 3 fields i. Last name ii. First name iii. Middle initial b. The business and individual searches will often return different results. i. A brief explanation for this is 1. Prior to passage of RA9, last name and business name data was entered into one filed. This filed was knows and the “oldname”. 2. After passage of RA9, 2 separate fields were required. These are the business name and last name fields. 3. New data is NOT entered into the oldname field. All county filings are separated into the business name or last name fields (as per RA9). 4. Using the last name search queries the oldname and last name fields from the UCC debtor table database. 5. Business names entered after implementation of RA9 (now entered under the business name field) will not be a result in this search. (CO SOS) Refining your Search Search results can be refined by date and/or collateral (you can choose more than one collateral type with the CTRL key. 'Exclude terminated UCC Filings' will eliminate from the search results all terminations, even those filed after the effective date of Revised Article 9, July 1, 2001. 'Exclude Expired EFS Filings' will eliminate all EFS filings that have lapsed. 'Exclude Expired Non-EFS Filings' will eliminate from the search results all UCC filings that have lapsed. Search Tips 1. When specifying search criteria, the less information you specify, the more results you are likely to have returned (CO SOS). 2. Filings entered on a particular day will not be searchable by name on the day of filing unless you use the "Exact Text" search option. An overnight process will make them searchable via the other options on the following day (CO SOS). Search Summary Charts Colorado Liens UCC Liens Secretary of State County Clerk and Recorder (RE related only) (CRSA § 4-9-501) Federal Tax Liens Period of Lien: 5 years Secretary of State County Clerk and Recorder (CRSA § 38-25-102) State Tax Liens Period of Lien: 10 years County Clerk and Recorder (CRSA § 39-1-107) Judgment Liens Period of Lien: Indefinite* County Clerk and Recorder (CRSA § 13-52-102) Court of General Jurisdiction Period of Lien: 6 years District Court *State tax liens filed before July 1, 2002 were effective for 15 years. We have been notified that the period of effectiveness is now perpetual. It is recommended that search policies be amended to reflect this change. UCC Liens Collateral Type 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) County Clerk and Recorder in the county where the land is located County Clerk and Recorder in the county where the land is located County Clerk and Recorder in the county where the land is located Secretary of State Secretary of State Colorado Information Secretary of State ADDRESS: UCC Division 1700 Broadway Suite 200 Denver, CO 80290 PHONE: (303) 894-2200 NOTES: Methods of Delivery: Personal, Express Mail, Courier, Postal, Fax, Electronic. [CCR 1505-106] Methods of Payment: Cash, Checks, Prepaid Account. Make check payable to: Colorado Secretary of State Overpayment Policy: The filing officer shall refund the amount of any overpayment only upon written request of the remitter Processing Fee: A $15.00 processing fee is assessed on all rejected documents. The filing fee is retained as the processing fee. When re-filing the document, the filer must submit the required filing fee for a new document. Office hours: 7:30 a.m. to 5:00 p.m. [CCR 1505-105.2] Statutory Response Times: Indexing and Searches --- 5 business days Results of an expedited search can be faxed for a flat fee of $7.00 with a 20 page maximum. Results of a regular search can be faxed for a flat fee of $7.00 with a 10 page maximum. Copyright © C T Corporation System Directory of Filing Offices Secretary of State UCC Division 1700 Broadway Suite 200 Denver, CO 80290 Colorado SOS website: http://www.sos.state.co.us/pubs/business/main.htm PHONE: 303-894-2200 FAX: 303-869-4864