N.M. Code R. § 12.6.2.7 - DEFINITIONS
The following terms shall have the respective meanings provided in this rule. Terms not defined in this rule which are defined in the UCC shall have the respective meanings accorded such terms in the UCC.
A. "Amendment" means a UCC document that
amends the information contained in a financing statement. Amendments include
assignments, continuations and terminations.
B. "Assignment" is an amendment that assigns
all or a part of a secured party's power to authorize an amendment to a
financing statement.
C.
"Continuation" means an amendment that continues the effectiveness of a
financing statement.
D.
"Information statement" means a UCC document that indicates that a financing
statement is inaccurate or wrongfully filed.
E. "File number" means the unique identifying
information assigned to a financing statement by the filing officer for the
purpose of identifying the financing statement and UCC documents relating to
the financing statement in the filing officer's information management system.
For a financing statement with an initial financing statement filed prior to
July 1, 2001, the file number consists of a 2 digit year, 2 digit month, 2
digit day, and a 3 digit sequential number (yymmddXXX). For a financing
statement with an initial financing statement filed after June 30, 2001 but
before March 26, 2003, the file number consists of a 4 digit year, 2 digit
month, 2 digit day, 3 digit sequential number, and 2 digit check number
(yyyymmddXXXcc). For a financing statement with an initial financing statement
filed on or after March 26, 2003, the number includes three segments; the year
of filing expressed as a four digit number, followed by a unique seven digit
number assigned to financing statement by the filing office and ending with a
one digit verification alphabetic character assigned by the filing office but
mathematically derived from the numbers in the first two segments. The same
file format will be used for amendments as initial filing statements, including
the verification alphabetic character. Though the verification alphabetic
character is not as important here, it guarantees the integrity of the file
number. The filing number bears no relation to the time of filing and is not an
indicator of priority.
F. "Filing
office" and "filing officer" mean the secretary of state's office, operations
division.
G. "Filing officer
statement" means a statement entered into the filing office's information
system to correct an error by the filing office.
H. "Financing statement" means a record or
records composed of an initial financing statement and any filed record(s)
relating to the initial financing statement.
I. "Individual debtor name" means any name
provided as a debtor name in a UCC record in a format that identifies the name
as that of a debtor who is an individual, without regard to the nature or
character of the name or to the nature or character of the actual
debtor.
J. "Initial financing
statement" means a UCC document that does not identify itself as an amendment
or identify an initial financing statement to which it relates, as required by
Sections-55-9-512,
55-9-513,
55-9-514
or
55-9-518
NMSA 1978.
K. "Organization" means
a legal person who is not an individual as defined in item H of this
section.
L. "Remitter" means a
person who tenders a UCC document to the filing office for filing, whether the
person is a filer or an agent of a filer responsible for tendering the document
for filing. "Remitter" does not include a person responsible merely for the
delivery of the document to the filing office, such as the postal service or a
courier service but does include a service provider who acts as a filer's
representative in the filing process.
M. "Secured party of record" means, with
respect to a financing statement, a person whose name is provided as the name
of a secured party or a representative of the secured party in an initial
financing statement that has been filed. If an initial financing statement is
filed under Chapter 55, Article 9 Section 514(a) NMSA 1978, the assignee named
in the initial financing statement is the secured party of record with respect
to the financing statement. If an amendment of a financing statement which
provides the name of a person as a secured party or a representative of a
secured party is filed, the person named in the amendment is a secured party of
record. If an amendment is filed under Section 55-9-514(b) NMSA 1978, the
assignee named in the amendment is a secured party of record. A person remains
a secured party of record until the filing of an amendment of the financing
statement which deletes the person.
N. "Termination" means an amendment intended
to indicate that the related financing statement has ceased to be effective
with respect to the secured party authorizing the termination.
O. "UCC" means the Uniform Commercial Code as
adopted in this state and in effect from time to time.
P. "UCC document" means an initial financing
statement, an amendment, an assignment, a continuation, a termination or a
information statement. The word "document" in the term "UCC document" shall not
be deemed to refer exclusively to paper or paper-based writings; it being
understood that UCC documents may be expressed or transmitted electronically or
through media other than such writings. (Note: this definition is used for the
purpose of these rules only. The use of the term "UCC document" in these rules
has no relation to the definition of the term "document" in Section
55-9-102(a)(30) NMSA 1978.)
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