Words and terms shall have the meanings provided in this rule, unless the context requires otherwise. Words and terms not defined in this rule which are defined in the UCC shall have the respective meanings accorded such words and terms in the UCC, except as the context otherwise clearly requires.
- (1) "Filing office" and "filing officer" mean Texas Secretary of State.
- (2) "Remitter" means a person who tenders a UCC document to the filing officer 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.
- (3) "UCC" means the Uniform Commercial Code as adopted in this state and in effect from time to time.
- (4) "UCC document" means an original financing statement, a statement of amendment of a financing statement, a statement of assignment of interest in collateral, a statement of release of interest in collateral, a continuation statement, or a termination 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 tangible 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 UCC section 9-105(f), as it has been adopted in this state.)
- (5) "Original financing statement" means a UCC document containing the information required to be in a financing statement pursuant to Subchapter B of this chapter and that, when filed, provides the information to establish the initial record of the existence of a financing statement in the filing officer's UCC information management system.
- (6) "Financing statement" means an original financing statement and all UCC documents that relate to the original financing statement.
- (7) "Secured party of record" means a secured party shown on the filing officer's information management system as active with respect to a financing statement.
- (8) "Identification of the original financing statement" means the unique identifying information (including, at a minimum, a filing number and date of filing) assigned to an original 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. The filing number is the last two year digits followed by sequential number beginning with 000001 for each calendar year. The filing number bears no relation to the time of filing and is not an indicator of priority.
Source Note:The provisions of this §95.101 adopted to be effective November 1, 1998, 23 TexReg 9727.