Washington Administrative Code

The following sections of the Revised Code of Washington (RCW) pertaining to drinking in public conveyance as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 66.44.240 an…

The following sections of the Revised Code of Washington (RCW) pertaining to guide and service dogs as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 70.84.020, 70.84.02…

The following section of the Revised Code of Washington (RCW) pertaining to littering as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 70.93.030, 70.93.050, 70.93.060, an…

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those local authorities which enact it.[Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-910, filed 12/13/93, effective 7/1/94.]

Terms used in these filing office rules but not defined below shall have the same meanings as those terms in chapter 62A.9A RCW.(1) "Active record" means a UCC record that has been stored in the UCC information management system and indexed in, but not yet removed from, the searc…

UCC records may be tendered for filing at the filing office as follows:(1) Personal delivery at the filing office's street address. Delivery is accepted Monday through Friday except state holidays. Hours are posted on the filing office's website on the internet. The file time for…

UCC search requests may be delivered to the filing office by any of the means by which UCC records may be delivered to the filing office. A search request for a debtor named on an initial financing statement may be made on the initial financing statement if the initial financing …

The filing office accepts only the forms prescribed by RCW 62A.9A-521, and paper-based forms approved by the International Association of Commercial Administrators, and forms otherwise approved by the filing office. Forms approved by the filing office are available on the UCC web…

(1) The nonrefundable processing fee for filing and indexing a UCC record is:filingsdelivery modefee including surchargeFinancing Statementelectronic$23.00Financing Statement Amendmentelectronic$23.00UCC1 Financing Statement (1 or 2 pages)mail$30.00UCC3 Financing Statement Amendm…

Expedited services are not provided.[Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-105, filed 5/29/09, effective 6/29/09.]

Filing fees and search fees may be paid by the following methods:(1) Cash. Payment in cash is accepted if paid in person at the filing office.(2) Checks. Personal checks, cashier's checks, and money orders made payable to the filing office are accepted for payment provided that t…

(1) Overpayment. The filing office refunds the amount of an overpayment exceeding $9.99 to the remitter. The filing office refunds an overpayment of $9.99 or less only upon the written request of the remitter. The refund is mailed to the name and address provided in box B within …

Records filed at the UCC office are available in bulk electronic format to any member of the public on a nondiscriminatory basis. A reimbursable services agreement between the purchaser and the department must be established prior to purchase.(1) Full text data. The data elements…

Fees and payment methods for purchase of bulk data are identified in WAC 308-391-104.[Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-109, filed 5/29/09, effective 6/29/09.]

The duties and responsibilities of the filing officer are ministerial. In accepting for filing or refusing to file a UCC record under these rules, the filing officer does not:• Determine the legal sufficiency or insufficiency of the UCC record;• Determine that information in the …

(1) First day permitted. (a) A continuation statement may be filed no earlier than six months preceding the date in which the financing statement would lapse. Example: If a financing statement will lapse on July 7th, the earliest the corresponding continuation statement may be fi…

In determining under RCW 62A.9A-516 whether or not there is one or more grounds to refuse a UCC record, the filing office will refuse a record for any of the following reasons:(1) The financing statement does not provide an address that meets the minimum requirements for an addre…

(1) If the filing office finds grounds to refuse a UCC record, the filing office communicates the reason(s) for the refusal and other related information to the name and address provided in box C on the financing statement. The refusal notice will be communicated within two busin…

If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC record that was refused for filing should not have been refused, the filing officer will file the UCC record with the filing date and time the UCC record was originally submitted fo…

Nothing in these rules prevents a filing officer from communicating to a filer or a remitter that the filing officer noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing. However, the filing office is under no obligation to do so. …

The filing office uses an information management system to store, index, and retrieve information relating to financing statements. The information management system includes an index of the names included on financing statements and liens that are in active records. The rules in…

The primary data elements used in the UCC information management system are the following:(1) Identification numbers.(a) Each initial financing statement or lien is identified by its unique file number. A record is created in the information management system for each initial fin…

For purposes of these rules, an "individual debtor name" is any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor who is an individual, without regard to the nature or character of the name or to the nature or character of the…

For purposes of these rules, an "organization debtor name" is any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor who is an organization, without regard to the nature or character of the name or to the nature or character of…

The debtor name to be provided on a financing statement for a debtor that is an estate is the name of the relevant decedent. In order for the information management system to function in accordance with the usual expectations of filers and searchers, the filer should provide the …

The debtor name provided for a debtor that is a trust or a trustee acting in respect of trust property is the name of the trust as set forth in its organic record(s), if the trust has such a name. If the trust does not have such a name, the name of the trust's settlor will be use…

Upon filing an initial financing statement the status of the parties and the status of the financing statement will be as follows:(1) Status of secured party. Each secured party named on an initial financing statement is a secured party of record, except that if the UCC record na…

Filing an amendment does not change the status of the parties on the record.(1) If an amendment adds a debtor or a secured party to the record, the new debtor or secured party is added to the appropriate index and associated with the record of the financing statement in the UCC i…

(1) Continuation of lapse date. Upon the timely filing of one or more continuation statements by any secured party(s) of record, the lapse date of the financing statement is postponed for five years. The lapse date is postponed once only, even if more than one continuation statem…

The filing of a termination has no effect upon the status of any party to the financing statement or upon the status of the financing statement.[Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-309, filed 5/29/09, effective 6/29/…

The filing of a correction statement has 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 information management system.[Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, an…

A filing officer statement affects the status of parties and of the relevant financing statement as provided in the corrective action described in the filing officer statement.[Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-311…

If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse date but no action is then taken by the filing office.[Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308…

A financing statement must remain as an active record until at least one year after it lapses, or if it is indicated to be filed against a transmitting utility, until at least one year after it is terminated with respect to all secured parties of record. On or after the first ann…

The filing office may correct data entry and indexing errors of filing office personnel in the UCC information management system at any time. If a correction is made to a record after the filing office has issued a search report with a through date and time on or after the filing…

Data provided on a paper-based form is keyed into the system exactly as it appears without regard to apparent errors. Data provided in electronic form is transferred to the information management system exactly as submitted by the remitter. The UCC information management system w…

(1) The filing office verifies accuracy of the data entry performed by the filing officers of UCC records entered into the UCC information management system.(2) Data entry performed by remitters in filing UCC records electronically is the responsibility of the remitter and is not…

The filing office will not accept a master or global amendment to multiple records.[Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-403, filed 5/29/09, effective 6/29/09.]

The filing office takes no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system.[Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-…

The filing office may be obliged to redact certain information from the information it provides to searchers and bulk data purchasers in accordance with applicable privacy and identity theft protection laws. Such information should not be included in UCC financing statements and …

The filing office maintains for public inspection a searchable index of all active records in the UCC information management system. Active records are retrievable by the name of the debtor, by the name of the secured party, or by the file number of the UCC record. Each active re…

Search requests must include the following:(1) Name to be searched. A search request must set forth the name to be searched using designated fields for organization and individual first, middle, and last names. A search request will be processed using the data and designated fiel…

Search requests may include the following:(1) The request may limit the UCC records that would normally be provided by requesting that results be limited to those UCC records that:• Include a particular city in the debtor address;• Were filed within a particular range of dates; o…

Search results are produced by the application of search logic to the name presented to the filing office. Human judgment does not play a role in determining the results of the search.(1) Standard search logic. The following rules describe the filing office's standard search logi…

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 the change.[Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82…

Reports created in response to a search request include the following:(1) Copies. If copies are requested, copies of all UCC records retrieved by a debtor name search are provided unless only limited copies are requested by the searcher. Copies may reflect redaction of certain pe…

Agricultural liens are filed in the same manner as an initial financing statement. The filer shall designate the statement as an agricultural lien in box 5 of the UCC-1 form or the appropriate field online. The lien will be indexed by debtor name and will be revealed by searches …

(1) A producer or commercial fisherman or wine producer may satisfy the condition in chapter 60.13 RCW that a statement evidencing the processor lien or preparer lien be filed under RCW 60.13.040 in a record, authenticated by the producer or fisherman, by using the same filing fo…

Records of certain governmental liens are maintained by the filing office under statutes other than the UCC and are treated in a manner substantially similar to UCC records. These liens are included on all searches as provided in WAC 308-391-505:(1) Notice of Federal Tax Lien, RC…

WAC 308-408-010Words and terms used in these rules shall have the same meaning as each has under chapter 18.280 RCW unless otherwise clearly provided in these rules, or the context in which they are used in these rules clearly indicates that they be given some other meaning.(1) "…