The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. When filing or refusing to file a UCC record pursuant to this chapter, the filing officer does not:

1. (1) Determine the legal sufficiency or insufficiency of a record;
2. (2) Determine that a security interest in collateral exists or does not exist;
3. (3) Determine that information in the record is correct or incorrect, in whole or in part; and
4. (4) Create a presumption that information in the record is correct or incorrect, in whole or in part.

Source: 28 SDR 23, effective July 18, 2001.

General Authority: SDCL 57A-9-526.

Law Implemented: SDCL 57A-9-525.2.