1. (1) Except as otherwise provided in Subsection (3), the fee for the Division of Corporations and Commercial Code filing and indexing a record under this part, including an initial financing statement of the kind described in Subsection 70A-9a-502(3), shall:

   1. (a) be determined by the Division of Corporations and Commercial Code;
   2. (b) be reasonable and fair; and
   3. (c) reflect the cost of services provided.

2. (2) The fee for the Division of Corporations and Commercial Code responding to a request for information from the Division of Corporations and Commercial Code, including for issuing a record showing whether there is on file any financing statement naming a particular debtor shall:

   1. (a) be determined by the Division of Corporations and Commercial Code;
   2. (b) be reasonable and fair; and
   3. (c) reflect the cost of services provided.

3. (3)

   1. (a) This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under Subsection 70A-9a-502(3). However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.

   2. (b)

      1. (i) This section does not apply to fees charged by a filing office described in Subsection 70A-9a-501(1)(a).
      2. (ii) A filing office described in Subsection 70A-9a-501(1)(a) shall charge fees in accordance with Section 17-71-407.

Amended by Chapter 17, 2025 Special Session 1