Idaho Code 28-9-516A – Filing Officer Duties
Current as of: 2023 | Check for updates
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(1) The filing officer shall not file an initial financing statement or financing statement amendment:
(a) Which contains an assumed business name for either an individual or a business entity other than a general partnership if the assumed business name is designated as an assumed business name and the true name of the person using the assumed business name is not included.
(b) When an individual debtor and an individual secured party would, as a result of the filing, appear to be the same individual on the financing statement.
(2) The filing officer may require, prior to filing, reasonable proof from the secured party that an individual debtor is in fact a “transmitting utility” as defined in section 28-9-102, Idaho Code, if a filing indicates that the debtor is a transmitting utility.
Terms Used In Idaho Code 28-9-516A
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(3) The filing officer may, prior to filing, cause to be unreadable any signatures, social security account numbers, taxpayer identification numbers, and employer identification numbers that appear on financing statements or financing statement amendments.
(4) The secretary of state may petition the district court in Ada county for an order to show cause why filings not in compliance with subsections (1) and (2) of this section should not be deleted from the files and records of the secretary of state.