Wyo. Code R. 002-0002-1
Effective Date: 09/28/2018 to Current
Rule Type: Current Rules & Regulations
Reference Number: 002.0002.1.09282018
Section 1. Statement of Purpose. These rules are adopted to promote the uniform administration of the Wyoming UCC/EFS/Buyer E-Filing System as authorized in W.S. 34-21-1102 specific to effective financing statements.
Section 2. Paper and Electronic Filing Fees.
(a) Initial Filing Fee
(i) For up to two (2) pages, the fee is $20 which includes the initial effective financing statement and a termination statement.
(ii) For more than two (2) pages, the fee is $40 which includes the initial effective financing statement and a termination statement.
(b) Amendments
(i) There is no fee for filing a termination statement.
(ii) For up to two (2) pages, the fee is $15 for filing an amendment, continuation, assignment or partial release.
(iii) For more than two (2) pages, the fee is $30 for filing an amendment, continuation, assignment or partial release.
(iv) The remitter may file multiple EFS3 amendments to the same initial financing statement for one fee. For example, the following combinations of amendments or portions thereof, may be made for one fee of $15:
(A) Debtor and collateral amendments; or
(B) Secured party and collateral amendments.
(c) Search
(i) The fee is $10 per debtor name for an EFS search.
(d) Copies
(i) The fee is fifty (50) cents per page for a copy of an EFS record.
(e) Yearly registration fees (i) There is no fee to register as a buyer to obtain data on EFS filings related to crops, livestock or both.
(a) The fourth Thursday after 5:00 p.m. of each month shall be the cutoff date.
(b) The date of availability of the reports/data shall be no later than the day following the cutoff date.
(i) Any effective financing statement received before the cut-off date for the current monthly cycle shall be included on the list.
(ii) By providing the ability to generate a current buyer EFS report/data file via the UCC/EFS/Buyer E-Filing System, the buyer is bound to all information on file in the System; not just the information contained on the latest produced statutory monthly list.
(i) Buyer registrations are an annual registration in which access is granted by the filing office to the UCC/EFS/Buyer E-Filing system.
(ii) Buyer registrations are required to be renewed annually on or before the expiration date of the previous year's registration.
(iii) Upon registration, a buyer shall have access to the previous month's reports/data.
(a) General Requirements.
(i) The filing officer maintains a searchable index for all EFS records. The index shall provide for the retrieval of a record by the name of the debtor and by the file number of the initial financing statement and each filed EFS record relating to the initial financing statement.
(ii) Search requests presented to the Secretary of State's Office shall be in written form which includes hard copy or electronic, or via telephone.
(iii) Search requests shall contain the full name of the debtor to be searched and the request must specify whether the debtor is an individual debtor name or an organization debtor name.
(i) Certified search results are produced by the application of standardized search logic. Human judgment does not play a role in determining the results of the search. The following logic apply to certified searches:
(A) There is no limit to the number of matches that may be returned in response to the search criteria.
(B) No distinction is made between upper and lower case letters.
(C) Punctuation marks and accents are disregarded.
(D) Words and abbreviations at the end of a name that indicate the existence or nature of an organization as set forth in the ending noise words list are disregarded. The ending noise words list may be found on the Secretary of State’s website at https://ucc.wyo.gov.
(E) The word “the” at the beginning of the search criteria is disregarded.
(F) All spaces are disregarded.
(G) For first and middle names of individuals, initials are treated as the logical equivalent of all names that begin with such initials.
(I) Example: a search request for John A. Smith would cause the search to retrieve all filings against all individual debtor names with “John” as the first name, “Smith” as the last name, and the initial “A” or any name beginning with “A” in the middle name field.
(II) Example: a search request for J. A. Smith would cause the search to retrieve all filings against all individual debtor names with the initial “J” as the first name or any first name beginning with “J”; “Smith” as the last name; and the initial “A” or any name beginning with “A” in the middle name field.
(H) First name and no middle name or initial is equated with all middle names and initials.
(I) Example: a search request for “John Smith” (first and last names with no designation in the middle name field) would cause the search to retrieve all filings against individual debtor names with “John” as the first name; “Smith” as the last name and with any name or initial or no name or initial in the middle name field.
(i) Results of certified search requests shall include: (A) The certification of the filing office; (B) Identification of the filing officer; (C) The typed name of the filing officer in lieu of a signature; (D) The date and time the report was generated; (E) Identification of the name searched; (F) The certification date and time for which the search is effective; (G) Identification of each unlapsed initial financing statement filed on or prior to the certification date and time corresponding to the search criteria; and (H) If requested, copies of all EFS records revealed by the search.
(a) Duty to File.
(i) The duties and responsibilities of the filing officer with respect to the administration of the EFS are ministerial and the filing office bears no responsibility for the legal effectiveness of a filing. In accepting for filing or refusing to file an EFS record pursuant to these rules, the filing officer does none of the following:
(A) Determine the legal sufficiency or insufficiency of a document. (B) Determine that a security interest in collateral exists or does not exist. (C) Determine that information in the document is correct or incorrect, in whole or in part. (D) Create a presumption that information in the document is correct or incorrect, in whole or in part.
(ii) If a remitter demonstrates to the satisfaction of the filing officer that an EFS record that was refused for filing should have been filed, the filing officer will file it and the effective date and time of filing shall be the date and time the EFS record was originally tendered for filing.
(iii) If the filing officer finds grounds to refuse an EFS document, the filing officer shall return the document and communicate in writing, whether via hard copy or email correspondence, the reasons for the rejection and the filing officer shall return or refund the filing fee.
(i) When entering information into the EFS system from paper filings, the debtor and/or secured party name(s) shall be entered exactly as set forth on the filing form even if it appears that the name of an individual has been placed in the field designated for an organization, and vice versa.
(i) EFS records may be transmitted electronically through online data entry by authorized users.
(ii) The time of filing for an EFS record filed electronically through on-line entry is the date and time the Wyoming UCC/EFS/Buyer E-Filing System accepts the filing.
(A) The time of filing shall be the date and time the document is entered and accepted by the Wyoming UCC/EFS/Buyer E-Filing System, which in no event shall be later than two (2) business days after the filing office receives the record. No priority is given to documents received in the filing office.
(B) The email address associated with the filer of an initial filing or amendment may be provided on each filing form to allow for the electronic transmittal of confirmation of filing for each paper filing filed by the filing office.