N.Y. Comp. Codes R. & Regs. Tit. 19 § 143-1.3 - Approved forms
(a) Pursuant to
section 9-521 of the UCC, the Department of State hereby promulgates the
following forms:
(1) Financing Statement: | UCC Financing Statement (Form UCC1) (Rev. 5/22/02) |
(2) Financing Statement Addendum: | UCC Financing Statement Addendum (Form UCC1Ad) (Rev. 5/22/02) |
(3) Financing Statement Additional Party: | UCC Financing Statement Additional Party (Form UCC1AP) (Rev. 5/22/02) |
(4) Amendment: | UCC Financing Statement Amendment (Form UCC3) (Rev. 5/22/02) |
(5) Amendment Addendum: | National UCC Financing Statement Amendment Addendum (Form UCC3Ad) (Rev. 7/29/98) |
(6) Amendment Additional Party: | UCC Financing Statement Amendment Additional Party (Form UCC3AP) (Rev. 5/22/02) |
(7) Cooperative Addendum: | New York UCC Financing Statement Cooperative Addendum (Form UCC1CAd) (Rev. 6/14/01) |
(8) Correction Statement: | National Correction Statement (Form UCC5) (Rev. 5/01/01) |
(9) Information Request: | National Information Request (Form UCC11) (Rev. 5/09/01) |
(b) The filing office copy of each form
mentioned in subdivision (a) of this section is set forth in Appendix 3 of this
Title.
(c) Each form promulgated
under subdivision (a) of this section and each form deemed by the filing
office, in its sole discretion, to be substantially similar to a form
promulgated under subdivision (a) of this section shall be considered to be an
approved form.
(d) In the event of
any conflict between any instruction on any approved form and any provision in
this Part or any provision in the UCC, the provision in this Part or the
provision in the UCC, as the case may be, shall prevail.
(e) A single UCC3 form promulgated under
paragraph (a)(4) of this section, with any appropriate addendum/addenda, can be
filed for the purpose of accomplishing any action contemplated by such form, or
any combination of two or more of such actions. However, any UCC3 form intended
to accomplish two or more actions (hereinafter referred to as a combination
filing) shall be subject to the following conditions and provisions:
(1) All actions intended to be accomplished
by a combination filing must relate to the same initial financing
statement.
(2) The actions to be
accomplished by a combination filing cannot include a termination
(i.e., a single UCC3 form cannot be filed for the purpose of
accomplishing both [i] a termination and [ii] any other action[s]). If a single
UCC3 form submitted for filing indicates that it is intended to accomplish both
a termination and any other action(s), the filing office may reject such UCC3
form.
(3) If the actions to be
accomplished by a combination filing include a continuation, the combination
filing must be presented for filing within the six-month period prescribed by
UCC section 9-515(d). If a combination filing that includes a continuation is
submitted for filing outside such six-month period, the filing office may
reject such combination filing.
(4)
A combination filing cannot be submitted to the central filing office by XML
transmission.
(5) Without regard to
the number of actions intended to be accomplished by the combination filing,
the fee for filing the combination filing shall be the same as the fee for
filing a single written UCC document, as determined in accordance with section
143-5.1(a)(1) of
this Part; provided, however, that with respect to a combination filing filed
in the filing office in any county located in the City of New York or in the
filing office in the County of Nassau, if the actions intended to be
accomplished by such combination filing include a continuation, then in
addition to the fee determined in accordance with section
143-5.1(a)(1) of
this Part, the filing office in such county shall also collect the additional
fee(s) determined in accordance with section
143-5.1(a)(4) of
this Part.
(6) The filer shall be
solely responsible for determining the proper manner to complete the UCC3 form
(and any addendum/addenda annexed thereto) in order to accomplish all desired
actions. In no event shall a filing office be responsible for any failure of a
combination filing to accomplish any or all of the desired actions.
Notes
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