UCC records may be tendered for filing at the filing office
as follows.
(1) Personal delivery by Remitter, at the filing office's
street address. The file time for a UCC record delivered by this method
is when delivery of the UCC record is taken by the filing office (even
though the UCC record may not yet have been accepted for filing and
subsequently may be rejected). This section applies only to a Remitter
who tenders a UCC record to the filing office and awaits an immediate
determination of whether or not the UCC record will be taken or not.
(2) Courier delivery by a person other than a Remitter,
at the filing office's street address. The file time for a UCC record
delivered by this method is, notwithstanding the time of delivery,
the next close of business following the time of delivery (even though
the UCC record may not yet have been accepted for filing and may be
subsequently rejected). A UCC record delivered after regular business
hours or on a day the filing office is not open for business will
have a filing time of the close of business on the next day the filing
office is open for business.
(3) Postal service delivery, to the filing office's
mailing address. The file time for a UCC record delivered by this
method is the next close of business following the time of delivery
(even though the UCC record may not yet have been accepted for filing
and may be subsequently rejected). A UCC record delivered after regular
business hours or on a day the filing office is not open for business
will have a filing time of the close of business on the next day the
filing office is open for business.
(4) Telefacsimile delivery, to the filing office's
fax filing telephone number. The file time for a UCC record delivered
by this method, during regular business hours, after regular business
hours, or on a day the filing office is not open for business, is
the time the UCC record is first examined by a filing officer for
processing (even though the UCC record may not yet have been accepted
for filing and may be subsequently rejected).
(5) Electronic filing. UCC records, excluding information
statements and filing officer statements, may be transmitted electronically
using the XML Format approved by the filing office. At the request
of an authorized XML Remitter, the filing officer shall identify which
versions and releases of the XML Format are acceptable to the filing
office. The filing office publishes an implementation guide that prescribes
the use of the XML Format. The implementation guide shall be available
to the public upon request. The file time for a UCC record delivered
by this method is the time that the filing office's UCC information
management system analyzes the relevant transmission and determines
that all the required elements of the transmission have been received
in a required format and are machine-readable.
(6) Direct web page data entry. UCC records may be
delivered by on-line data entry using the filing office's website
on the internet. Website data entry and payment procedures are available
as provided at www.sos.state.tx.us. The file time for a UCC record
delivered by this method is the time the entry of all required elements
of the UCC record in the proper format is acknowledged by the on-line
entry system.
(7) Means of communication. Regardless of the method
of delivery, information submitted to the UCC filing office must be
communicated only in the form of characters that are defined in an
acceptable character set. A financing statement or amendment form
that does not designate separate fields for organization and individual
names, and separate fields for the surname, first personal name, additional
name(s)/initial(s), and suffixes for individual names is not an acceptable
means of communication to the filing office.
(8) Transmitting utility, manufactured-home and public-financing
transactions. The only means to indicate to the filing office that
an Initial financing statement is being filed in connection with a
manufactured-home or public-finance transaction, or that a financing
statement is being or has been filed against a debtor that is a transmitting
utility, in order to affect the filing office's determination of the
lapse date under §95.306(3) of this title (relating to Initial
Financing Statement) or §95.307 of this title (relating to Amendments
Generally), is to so indicate by checking the appropriate box on a
UCC Financing Statement (Form UCC1) or by transmitting the requisite
information in the proper field in an electronic filing that is such
Initial financing statement or is part of such financing statement.
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