Business Services

UNIFORM COMMERCIAL CODE

Questions From Recorders

Where can the approved UCC forms be obtained?

The forms may be obtained from commercial printers, from this website, or from the website of the International Association of Corporate Administrators (IACA) which can be accessed from this site.

Is the County Recorder to record Continuations, Assignments, Amendments, or Partial Releases for Financing Statements recorded in the county prior to July, 2001?

No. Section 9-710(b) states that "except for a record terminating a former Article 9 record, a local filing office must not accept for filing a record presented after June 30, 2001, whether or not the record relates to a financing statement filed in the local-filing office before July 1, 2001." The way these types of filings (except for Terminations) should be handled is for the filer to file an "in lieu" financing statement with the Secretary of State's office first. Then file whatever UCC-3 transaction they need to have done.

Is the County Recorder to record Terminations of Financing Statements recorded in the county prior to July 1, 2001?

Yes. Section 9-710(b) states that a Termination of a former Article 9 record filed in the local filing office prior to July 1, 2001, if in the standard form prescribed by the Secretary of State, shall be filed by the local-filing officer.

What is the fee for recording a Termination?

Section 9-710(b) states that "the uniform fee for filing and indexing the termination statement in the office of a county recorder shall be $ 5 and otherwise shall be $ 10, plus in each case an additional fee of $ 5 for each name more than one at each address listed against which the record is required to be indexed."

Are legible handwritten forms to be recorded?

This is up to the discretion of the local-filing officer.

Is the County Recorder to record Financing Statements that are fixture filings?

Yes. Section 9-501(a)(1) states that except as "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:

the office designated for the filing or recording of a record of a mortgage on the related real property, if:

1. the collateral is as-extracted collateral or timber to be cut; or
2. the financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing."

What information is required on a fixture filing?

Section 9-502(b) and (c) state the filing requirements needed to perfect a fixture filing.

What is the definition of a fixture filing?

9-102(a)(40) and (41) define a fixture filing as "the filing of a financing statement covering goods that are or are to become fixtures and satisfying Section 9-502(a) and (b). The term includes the filing of a financing statement covering goods of a transmitting utility, which are or are to become fixtures. Fixtures means goods that have become so related to particular real property that an interest in them arises under real property law."

Do any types of filings require a signature?

No. Debtor's signatures are not required on UCC-1s, it is the responsibility of the secured party to ensure that they have all the proper legal documentation to prove their interest in the lien. Secured party's signatures also are not required for filing purposes.

Which types of filings require the address of the Debtor?

The complete address for each debtor is required on a UCC-1 filing. A UCC-3 amendment that adds a new debtor must also give the complete address for each new debtor. If the UCC-3 amendment is changing the debtor address then it must list the new debtor address but not the old address.

Which types of filings require the address of the Secured Party?

The complete address for each secured party is required on a UCC-1 filing. A UCC-3 amendment that adds a new secured party must also give the complete for each new secured party. If the UCC-3 amendment is changing the secured party address then it must list the new secured party address but not the old address.

How do I contact the UCC Division?

The mailing address is:
Illinois Secretary of State UCC Division
Howlett Bldg. Room 350 West
Springfield, IL 62756

Telephone number:
(217) 782-7518