4 CAR § 31-104 – Means to deliver UCC records and time of filing

(a) Personal delivery by remitter at the filing office’s street address.
1. (1) The file time for a UCC record delivered by this method is when delivery of the UCC record is taken by the filing office (even though the UCC record may not yet have been accepted for filing and subsequently may be rejected).
2. (2) This rule applies only to a remitter who tenders a UCC record to the filing office and awaits an immediate determination of whether or not the UCC record will be taken or not.
(b) Courier delivery by a person other than a remitter at the filing office’s street address.
1. (1) The file time for a UCC record delivered by this method is, notwithstanding the time of delivery:
  1. (A) The earlier of the time the UCC record is first examined by a filing officer for processing (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected); or
  2. (B) The close of business on the next business day following the time of delivery.
2. (2) This rule does not apply to a courier who:
  1. (A) Is acting as an agent of the remitter;
  2. (B) Tenders a UCC record to the filing office; and
  3. (C) Awaits an immediate determination of whether or not the UCC record will be taken or not under subsection (a) of this section.
3. (3) A UCC record delivered after regular business hours or on a day the filing office is not open for business will have a filing time at the earlier of the:
  1. (A) Time the UCC record is first examined by a filing officer for processing (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected); or
  2. (B) Close of business on the next business day following the time of delivery.
(c) Postal service delivery to the filing office’s mailing address.
1. (1) The file time for a UCC record delivered by this method is the earlier of the:
  1. (A) Time the UCC record is first examined by a filing officer for processing (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected); or
  2. (B) Close of business on the next business day following the time of delivery.
2. (2) A UCC record delivered after regular business hours or on a day the filing office is not open for business will have a filing time at the earlier of the:
  1. (A) Time the UCC record is first examined by a filing officer for processing (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected); or
  2. (B) Close of business on the next business day following the time of delivery.
(d) Electronic mail and telefacsimile (FAX) delivery. UCC records delivered to the filing office’s email address or the filing office’s fax filing telephone number are not accepted.
(e) Electronic filing. UCC records are not accepted in the XML language.
(f) Direct online or web page data entry.
1. (1)
  1. (A) UCC records may be delivered by online data entry using the filing office’s website on the internet.
  2. (B) Website data entry and payment rules are available as provided at www.sos.arkansas.gov.
2. (2) The file time for a UCC record delivered by this method is the time the entry of all required elements of the UCC record in the proper format is acknowledged by the online entry system.
(g) Means of communication.
1. (1) Regardless of the method of delivery, information submitted to the UCC filing office must be communicated only in the form of characters that are defined in a character set acceptable to the filing office.
2. (2) A financing statement or amendment form that does not designate separate fields for organization and individual names, and separate fields for the surname, first personal name, additional name or names/initial or initials and suffixes for individual names is not an acceptable means of communication to the filing office.
(h) Transmitting utility, manufactured-home and public-finance transactions. The only means to indicate to the filing office that an initial financing statement is being filed in connection with a manufactured-home or public-finance transaction, or that a financing statement is being or has been filed against a debtor that is a transmitting utility, in order to affect the filing office’s determination of the lapse date under 4 CAR § 31-111(g) and (h), is to so indicate by checking the appropriate box on a UCC1 Financing Statement or by transmitting the requisite information in the proper field in an electronic filing that is such initial financing statement or is part of such financing statement.
(i) Receipt of payment.
1. (1) Filings with the filing office are only effective upon receipt of payment.
2. (2) See 4 CAR § 31-107 for methods of payment.