SECTION .0200 – ACCEPTANCE AND REFUSAL OF RECORDS

18 NCAC 05B .0201          ROLE OF FILING OFFICER

The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial.  In accepting for filing or refusing to file a UCC record pursuant to the rules in this Subchapter, the filing officer shall do none of the following:

(1)           Determine the legal sufficiency or insufficiency of a record;

(2)           Determine that a security interest in collateral exists or does not exist;

(3)           Determine that information in the record is correct or incorrect, in whole or in part; and

(4)           Create a presumption that information in the record is correct or incorrect, in whole or in part.

History Note:        Authority G.S. 25-9-516; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.