Oregon Administrative Code

160-040-0304 Estates Collateral being administered by a Decedent’s Personal Representative. The debtor name to be provided on a financing statement when the collateral is being administered by a decedent’s personal representative in the name of the relevant decedent. In order for…

160-040-0305 Trusts Collateral held in a Trust. The debtor name to be provided when the collateral is held in a trust that is not a registered organization is the name of the trust as set forth in its organic record(s), if the trust has such a name or, if the trust is not so name…

160-040-0306 Initial Financing Statement Upon the filing of an initial financing statement the status of the parties and the status of the financing statement shall be as follows. (1) Status of secured party. Each secured party named on an initial financing statement shall be a s…

160-040-0307 Amendment Amendments generally. Upon the filing of an amendment the status of the parties shall be unchanged, except that in the case of an amendment that adds a debtor or a secured party, the new debtor or secured party shall be added to appropriate index and associ…

160-040-0308 Assignment of Powers of Secured Party of Record (1) Status of the parties. An assignment shall have no effect on the status of the parties to the financing statement, except that each assignee named in the assignment shall become a secured party of record. (2) Status…

160-040-0309 Continuation (1) Continuation of lapse date. Upon the timely filing of one or more continuations by any secured party(ies) of record, the lapse date of the financing statement shall be extended for five years. (2) Status of parties. The filing of a continuation shall…

160-040-0310 Termination (1) Status of parties. The filing of a termination shall have no effect upon the status of any party to the financing statement. (2) Status of financing statement. A termination shall have no effect upon the status of the financing statement and the finan…

160-040-0311 Information Statement The filing of an information statement shall have no effect upon the status of any party to the financing statement, the status of the financing statement or to the information maintained in the UCC information management system. Statutory/Other…

160-040-0312 Filing Officer Statement A filing officer statement affects the status of parties and of the relevant financing statement as provided in the corrective action described as having been taken in the filing officer statement. Statutory/Other Authority: ORS 79.0526 Statu…

160-040-0400 Lapse Date and Time (1) Procedure Upon Lapse. If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse date and the UCC information management system renders or is caused to render the financing…

160-040-0401 Errors of the Filing Officer The filing office may correct the data entry and indexing errors of filing officer personnel in the UCC information management system at any time. If the correction occurs after the filing officer has issued a certification date that incl…

160-040-0402 Data Entry of Names A filing should designate whether a name is a name of an individual or an organization. Filers should be aware that the inclusion of names in an incorrect field or failures to transmit names accurately to the filing office may cause filings to be …

160-040-0403 Notice of Bankruptcy The filing officer shall take no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system. Accordingly, financing statements will lapse as scheduled un…

160-040-0404 Redaction of Certain Information The filing officer is obliged to redact certain information from the information it provides to searchers and bulk data purchasers in accordance with ORS 56.037. Such information should not be included in UCC records and will be redac…

160-040-0500 General Requirements The filing officer maintains for public inspection a searchable index for all Active Records in the UCC information management system. Active Records will be retrievable by the name of the debtor or by the file number of the related initial finan…

160-040-0501 Search Requests Search requests — required information. Search requests shall include the following: (1) Name searched. A search request must set forth the name of the debtor to be searched using designated fields for organization and individual surname, first person…

160-040-0502 Search Requests — Optional Information A UCC search request may contain any of the following information. (1) Copy request. The request may ask for copies of UCC records identified on the primary search response. (2) Mode of delivery. A search request may specify a m…

160-040-0503 Rules Applied to Search Requests Search results are produced by the application of standardized search logic to the name presented to the filing officer. Human judgment does not play a role in determining the results of the search. The following rules apply to search…

160-040-0504 Notice of Changes Changes in standard search logic. If the filing office changes its standard search logic or the implementation of its standard search logic in a manner that could alter search results, the filing office will provide public notice of such change. Sta…

160-040-0505 Search Responses Reports created in response to a search request shall include the following. (1) Filing officer. Identification of the filing officer responsible for search report. (2) Report date. The date and time the report was generated. (3) Name searched. Ident…

160-040-0506 Search Report The search report shall contain the following. (1) Identification of financing statement. Identification of each initial financing statement, including a listing of all related amendments, information statements, or filing officer notices, filed on or p…

160-040-0507 Renewal Report In accordance with ORS 79.0515, a renewal notice report will be posted on the Corporation Division website twice a year: January 1 and July 1. (1) The renewal notice report shall contain the following: (a) Secured party name and address; (b) Filing/lie…

160-050-0100 Definitions and Abbreviations (1) "APL": Agricultural Produce Lien (2) "ASL": Agricultural Services Lien. (3) "GPL": Grain Producer’s Lien (4) "Standard Form": Those forms approved by the Secretary of State's Office for use in the ASL system. The approval specificati…

160-050-0110 Statutory Lien Standard Forms The following forms have been approved by the Secretary of State as the standard forms for general use in filing statements. These forms are available through the Secretary of State’s web site and by fax. Some may also be purchased from …

160-050-0115 Statutory Lien Attestation (1) The written notice of claim of lien, as described in ORS 87.242(2), shall include a statement verified by an attestation under penalty of perjury. (2) The form of the attestation shall be signed by the lien claimant, and shall include t…

160-050-0130 Statutory Filing Standards (1) A filing officer is not required to determine if a lien is properly prepared or presented to the appropriate filing officer. This is the sole responsibility of the individual filing the lien. (2) All forms filed with a UCC filing office…

160-050-0140 Statutory Lien Filing and Search Fees (1) The Statutory Lien filing fees are: (a) Agricultural Produce Lien: (A) Notice of Claim of Agricultural Produce Lien — $15 per form; (B) Certificate of Satisfaction of Agricultural Produce Lien — No Charge. (b) Agricultural Se…

160-050-0160 Statutory Lien Miscellaneous Services (1) In addition to debtor name based search requests and summaries, the Secretary of State, Corporation Division, Uniform Commercial Code Section may provide other information retrieval and research services: (a) The fees for res…

160-050-0165 Statutory Lien Duration (1) Agricultural Services Lien. Unless made inactive by a Certificate of Satisfaction filing, an ASL shall remain in the index maintained by the secretary for financing statements for two years from the date of its filing with that office. (2)…

160-050-0180 Oregon Farm Products Central Filing System (1) Oregon Farm Products Central Filing System is a statewide filing system that permits the registering of a security interest in farm products by filing an effective financing statement (EFS) with the Office of the Secreta…

160-050-0190 Definitions and Abbreviations (1) Where terms used in this rule are not explicitly or completely defined in ORS 80.100 or herein, definitions and usage of terms from the references are applicable. (2) "EFS": An effective financing statement relating to farm products.…

160-050-0200 EFS Requirements (1) An EFS must be filed on a form prescribed and approved by the Secretary of State. The form shall be designated "EFS-1." (2) The information on the Form EFS-1 should meet the following requirements: (a) Name, address and telephone number of the se…

160-050-0210 Amendment, Continuation, Assignment and Lapse of EFS (1) An EFS may be amended, assigned, continued or lapsed by the secured party of record. An amendment, assignment, continuation or lapse must be filed on a form prescribed and approved by the Secretary of State. Th…

160-050-0215 Filing fees (1) The fee for filing a Form EFS-1 is $15 for the first debtor name. Additional debtors may be added at no charge. The filing fee is required to be submitted with the EFS. (2) If the Form EFS-3 is not accompanied by the filing fee, it will be rejected; (…

160-050-0220 Farm Products (1) The list of Oregon farm products and codes is as follows: (a) Grains: (A) Barley — 0101; (B) Corn for grain — 0102; (C) Oats — 0103; (D) Rye — 0104; (E) Triticale — 0105; (F) Wheat — 0106. (b) Hay and Forage: (A) Alfalfa — 0201; (B) Ensilage — 0202;…

160-050-0230 Master List and Portions of Master List (1) The master list shall contain all the information submitted on EFSs filed in the Secretary of State's Office. It contains the name and address of the debtor, name and address of secured party, farm product code, farm produc…

160-050-0240 Registration of Buyers, Commission Merchants and Selling Agents; Subscription to Master Lists or Portions of Master Lists (1) The proper place to register as a buyer, commission merchant or selling agent of farm products is in the Secretary of State's Office. The reg…

160-050-0250 Forms Used in Oregon Farm Products Central Filing System The Secretary of State prescribes and approves the list of forms below for use in the Oregon Farm Products Central Filing System: (1) Form EFS-1 — Farm Products Effective Financing Statement; (2) Form EFS-3 — F…

160-050-0280 EFS Search Fees (1) The Effective Financing Statement search fees are: (a) UCC-11 information search, Standard form — $10 per name (each distinct debtor name to be searched); (b) Requested copies of EFS documents — $5 per name searched. (2) Copy fee will be levied pe…

160-070-0010 Definitions As used in ORS 56.200 to 56.209: (1) “Agency” refers to the state executive branch agency(s), board(s) or commission(s) named in a complaint. (2) “Complainant” means the aggrieved owner or principal or their designee or agent of a for-profit or nonprofit …

160-070-0020 Filing a Complaint Complainant may file a written complaint with Office of Small Business Assistance through mail, email or through an internet form. Complainant may contact the Office of Small Business Assistance and request that staff write the complaint. Staff wil…

160-070-0030 Withdrawal of Complaint (1) A complainant may withdraw a complaint at any time after filing it and before the first draft of a report prepared under the provisions of ORS 56.206(6) by submitting a written and signed or otherwise acknowledged request for withdrawal. (…

160-070-0040 Complaint Review The Office will determine whether to investigate the complaint based on one or more provisions of ORS 56.206(2) (a)-(h). Statutory/Other Authority: ORS 56.206(2) Statutes/Other Implemented: ORS 56.200 to 56.209 History: CORP 1-2018, adopt filed 03/20…

160-070-0050 Complaint Investigation (1) The Office will notify the complainant if an investigation will be performed within 30 days of receiving the complaint. (2) If the complainant is non-responsive to requests for information required to investigate the complaint, the Office …

160-070-0060 Report (1) The office shall notify a complainant as to whether the office will review and investigate the complaint within 30 days of receiving the complaint as required by ORS 56.206(3). (2) Before finalizing a report prepared under the provisions of ORS 56.206(6)(a…

160-070-0070 Protections for Complainants and Public Records (1) ORS 56.209 provides that a complainant or other person who participates in a review and investigation of a complaint under ORS 56.206 may not be subject to a penalty, sanction or restriction in connection with the p…

160-100-0000 Definitions As used in ORS 194.205 to 194.990, and OAR 160-100-0000 to 160-100-0850: (1) “Public Records Address” shall mean postal or street address. (2) “Days” means calendar days. (3) “Electronic notarial signature” means an electronic signature, as defined in ORS…

160-100-0010 Date of Mailing Whenever ORS Chapter 194.205 to 194.990 and OAR 160-100-0000 to 160-100-1150 require or permit a record or object to be mailed to the Secretary of State, the date of mailing shall be the date the record or object was actually received by the Secretary…

160-100-0020 Name of Notary Public (1) Whenever ORS Chapter 194 and OAR 160-100-0000 to 160-100-1150 refer to the name of a notary public, the name shall be the legal name of the notary public as it appears on the notary public's current oath of office. (2) For the purposes of th…

160-100-0030 Signature of Notary Public (1) Whenever ORS 194 and OAR 160-100-0000 to 160-100-1150 require or permit a notary public to sign his or her name, the notary public shall use the signature that is evidenced on the notary public’s current oath of office, or, for electron…