The place of filing an EFS is wherever State law requires, which need not be with the system operator so long as the system operator receives the information needed for the master list, including the information required in subsection (c)(4)(C). Note that the requirements in subsection (c)(4) for an EFS include the requirement that it be “filed with the Secretary of State,” but the definition in (c)(11) of “Secretary of State” includes “designee of the State,” and the requirements in (c)(2) for a system refer in (A) to filing with the system operator of “effective financing statements or notice of such financing statements.” (emphasis added)

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Terms Used In 9 CFR 205.203

  • subsection: means a subsection of that Section;

    System means central filing system as defined in subsection (c)(2);

    System operator means Secretary of State or other person designated by a State to operate a system;

    UCC or Uniform Commercial Code means the Uniform Commercial Code prepared under the joint sponsorship of the American Law Institute and the National Conference of Commissioners on Uniform State Laws, and in effect in most States of the United States at the time of enactment of Pub. See 9 CFR 205.1

(Approved by the Office of Management and Budget under control number 0580-0016) [51 FR 29451, Aug. 18, 1986, as amended at 71 FR 56343, Sept. 27, 2006]