- (1) The reasons for rejecting a filing submitted to the filing officer shall be those listed in Oregon Revised Statute (ORS) Ch. 79.0516 and as delineated in the Jurisdictions Guidelines for Accepting a UCC Record for Filing Chart, published by the International Association of Commercial Administrators.
(2) For the purposes of ORS 79.0516(2)(h), collateral "within the scope of this chapter" shall include:
- (a) Interest accounts (79.0310);
- (b) Tangible chattel paper (79.0312);
- (c) Electronic chattel paper (79.0312);
- (d) Commercial tort claim (79.0310);
- (e) Certain consumer goods interests (79.0310);
- (f) Negotiable documents (79.0312);
- (g) Equipment (79.0310);
- (h) Farm products (79.0310);
- (i) Certain general intangible transactions (79.0310);
- (j) Instruments (79.0312);
- (k) Inventory (79.0310);
- (l) Interests in investment property created by debtor other than broker or intermediary (79.0312).
(3) For the purposes of ORS 79.0516(2)(h), factors that indicate "the record is being filed for a purpose not within the scope of this chapter" shall include, but are not limited to:
(a) Collateral description/attachments that contain:
- (A) Birth Certificate, Certificate of Live Birth, etc.
- (B) Driver's License.
- (C) Treasury Account number.
- (D) Employer ID number.
- (E) Private Setoff Account number.
- (F) Marriage Certificate number.
- (G) Bill of Exchange.
- (H) Dollar amount(s) that are disproportionately large.
(b) References to:
- (A) Public Policy HJR-192, Public Law 73-10.
- (B) House Joint Resolution 192 of June 1933.
- (C) UCC 1-103, UCC 1-104, UCC 10-104, UCC 1-201(39), UCC 3-419, UCC-401.
(c) Words and phrases:
- (A) "Exempt from Levy."
- (B) "Exempt from all taxes, burden, charges and duty" or parts thereof.
- (C) "Accepted for value."
- (D) "Actual and Constructive Notice."
- (E) "Strawman."
- (F) "Non negotiable Notice of Transfer."
- (G) "Notice of Dishonor."
- (4) In determining under ORS 79.0516 whether or not there is one or more grounds to refuse a UCC record, the filing office will refuse a record that does not provide an address that meets the minimum requirements for an address as set forth in these administrative rules.
- (5) In addition to rejection reasons under ORS 79.516, the filing office will refuse a record that contains a Social Security Number, a state identification number, a driver license number, a credit or debit card number or an account number that is not redacted so that not more than the last four digits of a number are accessible.
Statutory/Other Authority
ORS 79.0526
Statutes/Other Implemented
ORS 56.037 & 79.0516
History
CORP 4-2008, f. 7-15-08, cert. ef. 8-1-08
CORP 2-2004, f. & cert. ef. 9-1-04
CORP 1-2002, f. 11-15-02, cert. ef. 12-1-02
CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01