1 TAC §95.111
The Office of the Secretary of State proposes amendments
to §95.111 concerning General Provisions.
The purpose of this action is to correct adoption of new Uniform Commercial
Code rules to conform to national model administrative rules promulgated by
the International Association of Corporation Administrators.
Wallis N. Boggus, Associate Deputy Assistant Secretary, has determined
that for the first five-year period the proposed sections will be in effect
there will be no fiscal implications to state or local government as a result
of enforcing or administering the section.
Mr. Boggus also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated will be clarification
in matters related to filing of Uniform Commercial Code documents with the
Secretary of State and the submission of information requests.
Comments on the proposal may be submitted to Wallis N. Boggus, Associate
Deputy Assistant Secretary, Uniform Commercial Code Section, PO Box 13193,
Austin, Texas 78711-3193.
The amendments are proposed under §§9.401-9.412 Texas
Business and Commerce Code which provides the Secretary of State with the
authority to adopt rules necessary to administer subchapter D of Chapter 9,
Texas Business and Commerce Code.
No other states, articles or codes are affected by this proposal.
§95.111.Filing Fees.
(a)
Standard form filing fee. The fee for filing a
financing
statement (UCC1)
[
UCC document
] delivered in a standard form
and for each additional name (excluding electronically transmitted UCC documents)
presented for filing with a standard form is pursuant to §9.403(e), Texas
Business and Commerce Code.
The fee for filing an amendment, continuation
statement, assignment, or other related UCC document with a standard form
is pursuant to §§9.403(e), 9.404(c), 9.405(d), and 9.406, Texas
Business and Commerce Code.
(b)
Nonstandard form filing fee. The fee for filing a
financing statement (UCC1)
[
UCC document
] delivered in a
form other than the standard form and for each additional name (excluding
electronically transmitted UCC documents) presented for filing with a form
other than the standard form is pursuant to §9.403(e), Texas Business
and Commerce Code.
The fee for filing an amendment, continuation statement,
assignment, or other related UCC document in a form other than the standard
form is pursuant to §§9.403(e), 9.404(c), 9.405(d), and 9.406, Texas
Business and Commerce Code.
(c)-(e)
(No change.)
(f)
Special fees for fax filings.
(1)
Standard form filing fee. The fee for filing a
financing
statement (UCC1)
[
UCC document
] delivered in a standard form
and for each additional name (excluding electronically transmitted UCC documents)
presented for filing with a standard form is pursuant to §9.403(e), Texas
Business and Commerce Code.
The fee for filing an amendment, continuation
statement, assignment, or other related UCC document with a standard form
is pursuant to §§9.403(e), 9.404(c), 9.405(d), and 9.406, Texas
Business and Commerce Code.
The fee for expedite handling is pursuant
to §405.032, Texas Government Code and the fee per acknowledgment page
is pursuant to §405.031, Texas Government Code.
(2)
Nonstandard form filing fee. The fee for filing a
financing statement (UCC1)
[
UCC document
] delivered in a
form other than the standard form and for each additional name (excluding
electronically transmitted UCC documents) presented for filing with a form
other than the standard form is pursuant to §9.403(e), Texas Business
and Commerce Code.
The fee for filing an amendment, continuation statement,
assignment, or other related UCC document in a form other than the standard
form is pursuant to §§9.403(e), 9.404(c), 9.405(d), and 9.406, Texas
Business and Commerce Code.
The fee for expedite handling is pursuant
to §405.032, Texas Government Code and the fee per acknowledgment page
is pursuant to §405.031, Texas Government Code.
(g)
(No change.)
(h)
Master filing fee. The fee
for a master filing delivered in a form pursuant to §§9.410(a) and
(b), Texas Business and Commerce Code, is pursuant to §9.410(c), Texas
Business and Commerce Code.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on January
11, 1999.
TRD-9900094
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: February 21, 1999
For further information, please call: (512) 463-5701
Subchapter C. Acceptance and Refusal of Documents
1 TAC §95.304
The Office of the Secretary of State proposes an amendment
to §95.304 concerning Acceptance and Refusal of Documents.
The purpose of this action is to correct adoption of new Uniform Commercial
Code rules to conform to national model administrative rules promulgated by
the International Association of Corporation Administrators.
Wallis N. Boggus, Associate Deputy Assistant Secretary, has determined
that for the first five-year period the proposed section will be in effect
there will be no fiscal implications to state or local government as a result
of enforcing or administering the section.
Mr. Boggus also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated will be clarification
in matters related to filing of Uniform Commercial Code documents with the
Secretary of State and the submission of information requests.
Comments on the proposal may be submitted to Wallis N. Boggus, Associate
Deputy Assistant Secretary, Uniform Commercial Code Section, PO Box 13193,
Austin, Texas 78711-3193.
The amendment is proposed under §§9.401-9.412 Texas
Business and Commerce Code which provides the Secretary of State with the
authority to adopt rules necessary to administer subchapter D of Chapter 9,
Texas Business and Commerce Code.
No other states, articles or codes are affected by this proposal.
§95.304.Procedure Upon Refusal.
If the filing officer finds grounds under §95.302 of this title
(relating to Grounds for Refusal of UCC Document) to refuse acceptance of
a UCC document, the filing officer shall return the document to the remitter
and may refund the filing fee. The document shall be accompanied by a notice
that contains a brief description of the reason for refusal to accept the
document and that cites the provision of §rule 95.302 of this title that
establishes the ground for refusal. The notice shall be delivered to the remitter,
whether or not the document or another writing contains a request that an
acknowledgment copy be sent to a secured party or another person. A refund
may be delivered with the document and notice or under separate cover. The
notice shall be sent no later than the second business day after [
of
] the determination to refuse acceptance of the document. For the purpose
of this rule, "sent" means hand delivered to the remitter or deposited, correctly
addressed and postpaid, in the regular U.S. mail if the document was originally
submitted by mail or in person: in other cases, "sent" means transmitted to
the remitter by the same means the document was submitted if such means is
then-available to the filing office and, if the remitter used a private courier
service, the remitter provides the filing office with a prepaid waybill for
such courier or its account number with such courier. If the means used by
the remitter for submission is not available to the filing office, the notice
shall be sent by one of the means provided for mailed documents.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on January
11, 1999.
TRD-9900095
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: February 21, 1999
For further information, please call: (512) 463-5701