Wyo. Code R. 002-0002-1
Effective Date: 09/27/2018 to 09/28/2018
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 002.0002.1.09272018
General Provisions
Emergency rules are in effect no longer than 120 days after filing with the Registrar of Rules.
Section 1. Statement of Purpose. These rules are adopted to promote the uniform administration of the Wyoming Central Filing System (Effective Financing System (EFS)) as authorized in W.S. 34-21-1102.
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) For up to two (2) pages, the fee is $15 for filing an amendment, continuation, assignment or partial release.
(ii) For more than two (2) pages, the fee is $30 for filing an amendment, continuation, assignment or partial release.
(c) Search
(i) The fee is $10 per debtor name for an EFS search.
(d) Copies
(i) The fee is 50 cents per page for a copy of an EFS record.
(e) Yearly registration fees:
(i) Buyer registrations are an annual registration in which access is granted by the filing office to the UCC/EFS/Buyer online system.
(ii) Buyer registrations are required to be renewed annual on or before the expiration date of the previous year's registration.
(iii) 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) If the fourth Thursday falls on a holiday, the list will be produced on the next state working day.
(c) If Thanksgiving or Christmas fall on the fourth Thursday of the month, the list will be produced on the following Monday.
(d) The date of availability shall be the next working day after 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) Any products which are listed on the effective financing statement which is filed after the cutoff date that are sold during the following month come with clear title to a buyer of the farm products
(iii) By providing online direct computer access to live EFS data via the UCC/EFS/Buyer E-system, the buyer is bound to all information on file in the Central Filing System; not just the information contained on the latest produced list.
Section 4. Buyer Registration Cut-off Date. Any buyer may register with the Secretary of State at any time during the year. The same monthly cycle shall apply to buyer registrations. Any buyer which registers after the cutoff date will be provided the next available list.
Section 5. Telephone Inquiries. A person may call the Secretary of State to determine if a particular name is on the EFS system. Information provided pursuant to an inquiry from a nonregistrant is only valid and correct as of the day and time the information is provided.
(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 which 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.
(a) Filing and Data Entry Procedures.
(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.
(b) EFS Records Tendered for Filing.
(i) EFS records may be transmitted electronically through online data entry by authorized users.
(ii) The time of filing for a UCC record filed electronically through on-line entry is the date and time the Wyoming UCC E-System accepts the filing.
(iii) For all EFS records delivered to the filing office:
(A) The time of filing shall be the date and time the document is entered and accepted by the Wyoming UCC/EFS/Buyer E-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 is required on each filing form to allow for the electronic transmittal of confirmation of filing for each paper filing filed by the filing office.