Montana Code 30-9A-523. Information from filing office — sale or license of records
30-9A-523. Information from filing office — sale or license of records. (1) If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to 30-9A-519(1)(a) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:
Terms Used In Montana Code 30-9A-523
- Communicate: means :
(i)to send a written or other tangible record;
(ii)to transmit a record by any means agreed upon by the persons sending and receiving the record; or
(iii)in the case of transmission of a record to or by a filing office, to transmit a record by any means prescribed by filing-office rule. See Montana Code 30-9A-102
- Debtor: means :
(i)a person having a property interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;
(ii)a seller of accounts, chattel paper, payment intangibles, or promissory notes; or
(iii)a consignee. See Montana Code 30-9A-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Filing office: means an office designated in 30-9A-501 as the place to file a financing statement. See Montana Code 30-9A-102
- Filing-office rule: means a rule adopted pursuant to 30-9A-526. See Montana Code 30-9A-102
- Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Montana Code 30-9A-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 30-9A-102
(a)note upon the copy the number assigned to the record pursuant to 30-9A-519(1)(a) and the date and time of the filing of the record; and
(b)send the copy to the person.
(2)If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:
(a)the information in the record;
(b)the number assigned to the record pursuant to 30-9A-519(1)(a); and
(c)the date and time of the filing of the record.
(3)The filing office shall communicate or otherwise make available in a record the following information to any person that requests it:
(a)whether there is on file on a date and time specified by the filing office, but not a date earlier than 3 business days before the filing office receives the request, any financing statement that:
(i)designates a particular debtor;
(ii)has not lapsed under 30-9A-515 with respect to all secured parties of record; and
(iii)if the request so states, has lapsed under 30-9A-515 and a record of which is maintained by the filing office under 30-9A-522(1);
(b)the date and time of filing of each financing statement; and
(c)the information provided in each financing statement.
(4)In complying with its duty under subsection (3), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of its authenticity.
(5)The filing office shall perform the acts required by subsections (1) through (4) at the time and in the manner prescribed by filing-office rule, but not later than 2 business days after the filing office receives the request.
(6)At least weekly, the filing office shall offer to sell or license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under this part, in a reasonable form or medium from time to time available to the filing office.