Iowa Administrative Code

accordance with statutory directives. Forms used on the secretary of state website’s fast track filing system have the same functions and descriptions as the forms described in this chapter. Copies of forms relating to corporation matters, the Uniform Commercial Code, elections, …

secretary of state website at sos.iowa.gov or upon request to the Business Services Division, Office of the Secretary of State, Lucas State Office Building, Des Moines, Iowa 50319. The telephone number is (515)281-5204. 4.2(1) For-profit and nonprofit business entity forms. a. Ce…

Section 1. Election Day and Canvass Forms Form Number Description 1-A(Rev.-95) Voter’s Declaration of Eligibility 1-B (Reserved) 1-C (Reserved) 1-D(Rev.-90) Notice to Voter of Rejection of Absentee or Special Ballot 1-E (Reserved) 1-F(Rev.-90) Oath for Officer or Clerk of Electio…

UCC1—Financing Statement. UCC1Ad—Financing Statement Addendum (used in connection with UCC1). UCC3—Financing Statement Amendment. UCC3Ad—Financing Statement Amendment Addendum (used in connection with UCC3). UCC5—Information Statement. UCC11—Information Request. Affidavit of Wron…

1. Mechanics’ Notice and Lien Registry—used to provide submitter information in conjunction with other MNLR forms. 2. Cover Page for Commencement of Work Notice—used in compliance with Iowa Code section 572.13A. 3. Cover Page for Preliminary Notice—used in compliance with Iowa Co…

[Filed emergency 6/25/80—published 7/23/80, effective 7/l/80] [Filed 9/24/80, Notice 8/20/80—published 10/15/80, effective 11/19/80] [Filed 11/30/83, Notice 10/12/83—published 12/21/83, effective 1/25/84] [Filed emergency 7/3/84—published 8/184, effective 7/3/84] [Filed emergency…

corporations, limited liability companies, limited partnerships, and cooperative associations shall be delivered for filing to the office of Secretary of State, Lucas State Office Building, Des Moines, Iowa 50319. 40.1(1) A copy of a signature, however made, is acceptable with re…

40.2(1) Except as provided in these rules, a name is considered distinguishable upon the records of the secretary of state if it contains one or more different letters or numerals, or if it contains a different sequence of letters or numerals. A single space used to divide a sequ…

40.3(1) The office of secretary of state requires payment of all fees in full at the time of filing of any corporate document or request for copies. 40.3(2) Filing under any of the business entity chapters may be effected only upon the receipt of the correct filing fee. Failure t…

40.4(1) Any corporate document that is required by law to be filed in the office of the county recorder will be forwarded directly to the office of the county recorder in the county where the corporation’s registered office is located. 40.4(2) Reserved. [ARC 7059C, IAB 8/23/23, e…

40.5(1) Classification. The following general classes of goods and services are established, but do not limit or extend the applicant’s or registrant’s rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the…

section 504.113. 40.6(1) The secretary shall collect the following fee when the documents described below are delivered to the secretary’s office for filing. Articles of incorporation $20 Application for use of indistinguishable name $5 Application for reserved name $10 Notice of…

the documents described in this rule are delivered to the secretary for filing. 40.7(1) A limited partnership or foreign limited partnership authorized to transact business in this state shall deliver to the secretary of state for filing a biennial report that meets the requireme…

electronic filing of documents and the certification of electronic documents. This rule applies to documents filed in conjunction with the filing requirements in Iowa Code chapters 488, 489, 490, and 504. 40.8(1) Registered agents who file documents electronically must provide an…

is $500. The fee for a renewal application for certificate of registration is $500. [ARC 0802C, IAB 6/26/13, effective 7/31/13]

Agents Act and all application forms may be obtained by contacting the Secretary of State, Business Services Division, Lucas State Office Building, Des Moines, Iowa 50319, (515)281-5204 during regular office hours, 8 a.m. to 4:30 p.m. Monday through Friday except legal holidays. …

These rules are intended to implement Iowa Code chapter 9A. [Filed emergency 7/8/88—published 7/27/88, effective 7/8/88] [Filed 12/30/05, Notice 11/23/05—published 1/18/06, effective 2/22/06] [Filed ARC 0802C (Notice ARC 0731C, IAB 5/1/13), IAB 6/26/13, effective 7/31/13] [Filed …

dated by a notarial officer, be executed contemporaneously with the performance of the notarial act for which the certificate applies, and not be completed until the notarial act has been performed. The certificate shall include all of the information required by Iowa Code sectio…

43.10(1) Provider requirements. A notary public authorized to perform notarial acts for remotely located individuals may only use a provider of communication technology for the audiovisual recording of electronic notarial acts subject to the provisions of this chapter and Iowa Co…

communication technology. 43.11(1) Registration. a. A provider of communication technology that wishes to apply for approval by the secretary of state for use of its technology by Iowa notaries public to perform notarial acts under Iowa Code section 9B.14A shall submit a registra…

certificates comply with the provisions of Iowa Code sections 9B.15 and 9B.16. For purposes of this rule, a “record” and an “instrument” have the same meaning and effect. A short form certificate of a notarial act performed under Iowa Code section 9B.14A must meet the requirement…

9B.15 and 9B.16, the jurisdiction in which the notarial act is performed is determined by the location of the notary public in this state at the time the notarial act is performed. [ARC 5041C, IAB 5/20/20, effective 7/1/20]

of interest as prohibited in Iowa Code section 9B.4(2). For purposes of this rule, a direct financial benefit does not exist when the notarial officer is compensated on an individual loan commission basis or as provided in Iowa Code section 9B.26(2). [ARC 0806C, IAB 6/26/13, effe…

commission as a notary public shall comply with the requirements and qualifications of Iowa Code section 9B.21. 43.5(1) Application. The applicant shall complete and file with the secretary of state an Application for Appointment as Notary Public. The affirmation section on an Ap…

in compliance with the requirements for a notarial act on an electronic record under Iowa Code chapter 9B when either: 43.6(1) The notary public attaches an electronic notarial certificate that meets the requirements set out in Iowa Code section 9B.15(3); or 43.6(2) The document …

protect from unauthorized access the recording of a notarial act pursuant to Iowa Code section 9B.14A(3) “c” and any “personally identifiable information” as defined in Iowa Code section 9B.14C(1) disclosed during the performance of an electronic notarial act using audiovisual co…

Iowa Code section 9B.23 including issuing a letter of reprimand as a condition on a commission as a notary public. 43.8(1) Complaint. A person alleging misconduct by a notary public shall complete and file a Statement of Complaint with the secretary of state. The secretary of sta…

performed for remotely located individuals. 43.9(1) A notary public may not perform a notarial act for a remotely located individual unless the technology identified by the notary public pursuant to Iowa Code section 9B.14A(7) satisfies all of the following: a. Has been approved …

45.1(1) Scope. This chapter applies to the creation and administration of a mechanics’ notice and lien registry under Iowa Code chapter 572. All filed mechanics’ liens must be posted in the office of the administrator in accordance with these rules. Mechanics’ liens filed prior t…

these rules 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 the control of the administrator. 2. The administrator exercises reasonable diligence under th…

compliance with this chapter, shall not be viewed as a public record under Iowa Code chapter 22 and shall not be disclosed by the administrator: 1. An email address. 2. MNLR user account or payment information. [ARC 0464C, IAB 11/28/12, effective 1/2/13; ARC 7059C, IAB 8/23/23, e…

correspondence with a registered user, except when law requires delivery by U.S. mail. If the registered user wants to receive timely notice by the administrator, it is the obligation of the registered user to update the user’s contact information on the MNLR. [ARC 0464C, IAB 11/…

45.13(1) Fee for posting and mailing. The following fees shall be charged for posting on the MNLR and for the mailing of notices: a. The fee for posting a notice of commencement of work using the website is $7. The fee for posting a notice of commencement of work by submitting th…

refused by the administrator on the following grounds: 1. A posting or submission does not provide complete information as required under subrule 45.4(2) for a notice of commencement of work, subrule 45.5(2) for a preliminary notice, subrules 45.6(2) and 45.6(5) for a mechanic’s …

45.15(1) Filing office statement. The administrator may post a filing office statement to correct information that was incorrectly transcribed from a paper submission. 45.15(2) Correction statement. A correction statement for a commencement of work or a preliminary notice is an e…

45.16(1) Method and time of posting. a. For a notice of commencement of work or preliminary notice, the posting shall be date- and time- stamped as follows: (1) If posted electronically on the MNLR, the time of posting shall be upon posting of all required information and payment…

general contractor, owner-builder or subcontractor is a civil offense punishable by a civil penalty of not more than $750 for each violation or, if the infraction is a repeat offense, a civil penalty not to exceed $1,000 for each repeat offense. [ARC 0464C, IAB 11/28/12, effectiv…

and the ability of those archives to be searched. 45.18(1) Paper documents. Paper documents are scanned into the MNLR. The paper submission is returned to the submitter. 45.18(2) Archives—data retention. a. The MNLR information management system is backed up to magnetic tape ever…

administer a mechanics’ notice and lien registry, hereafter known as the MNLR. 45.2(1) Access to MNLR by the general public. The MNLR shall be accessible to the general public through the administrator’s website at www.sos.iowa.gov/mnlr. A notice, lien or any other document poste…

administrator will disseminate the administrator’s location, mailing address, telephone and facsimile numbers, and the administrator’s website and other electronic addresses through usual and customary means. [ARC 0464C, IAB 11/28/12, effective 1/2/13; ARC 7059C, IAB 8/23/23, eff…

45.4(1) Posting by general contractor. A general contractor for residential construction shall post a notice of commencement of work to the MNLR within ten days of commencement of work, or the general contractor is not entitled to a lien or remedies provided in Iowa Code chapter …

45.5(1) Posting by subcontractor. a. A subcontractor for residential construction who has provided or will provide labor or furnish material for residential construction shall post a preliminary notice to the MNLR, or the subcontractor is not entitled to a lien or remedies provid…

45.6(1) Posting of mechanic’s lien. A person must post on the MNLR a verified statement of account of the demand due the person, after allowing all credits. 45.6(2) Contents of the statement of account. The verified statement of account provided by the person shall include: a. Th…

45.7(1) Demand for acknowledgment of satisfaction of claim. a. When a mechanic’s lien is satisfied by payment of the claim, the claimant may post acknowledgment of that satisfaction on the MNLR. b. If the claimant fails to acknowledge satisfaction by posting, the owner, general c…

45.8(1) Submission or posting of a bond. Any person may submit a bond to the administrator or post a bond to discharge a mechanic’s lien. The submitter of the bond shall provide the MNLR number so that the administrator can determine to which lien to apply the bond. 45.8(2) Accep…

45.9(1) Giving of a bond. The general contractor or owner-builder may post or submit a surety bond to the administrator for purposes of preventing exemplary damages under Iowa Code section 572.30. The bond shall be in an amount not less than the amount necessary to satisfy the no…

“Agency.” In lieu of the words “(official or body issuing these rules)”, insert “secretary of state”.

5.10(1) Defined. “Routine use” means the disclosure of a record without the consent of the subject or subjects, for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public reco…

5.11(1) Consent to disclosure by a subject individual. To the extent permitted by law, the subject may consent in writing to agency disclosure of confidential records as provided in rule 5.7(17A,22). 5.11(2) Complaints to public officials. A letter from a subject of a confidentia…

5.12(1) The subject of a confidential record may file a written request to review confidential records about that person as provided in rule 5.6(17A,22). However, the agency need not release the following records to the subject: a. The identity of a person providing information t…