(810 ILCS 5/9‑501) (from Ch. 26, par. 9‑501)
Sec. 9‑501.
Filing office.
(a) Filing offices. Except as otherwise provided in subsection (b),
if the local law of this State governs perfection of a security interest or
agricultural
lien, the office in which to file a financing statement to perfect the security
interest
or agricultural lien is:
(1) the office designated for the filing or |
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recording of a record of a mortgage on the related real property, if:
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(A) the collateral is as‑extracted collateral or
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(B) the financing statement is filed as a
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fixture filing and the collateral is goods that are or are to become fixtures; or
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(2) the office of the Secretary of State in all
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other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.
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(b) Filing office for transmitting utilities. The office in which to
file a financing statement to perfect a security interest in collateral,
including
fixtures, of a transmitting utility is the office of the Secretary of State.
The
financing statement also
constitutes a fixture filing as to the collateral indicated in the financing
statement
which is or is to become fixtures.
(Source: P.A. 91‑357, eff. 7‑29‑99; 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑502) (from Ch. 26, par. 9‑502)
Sec. 9‑502.
Contents of financing statement; record of mortgage as
financing statement; time of filing financing statement.
(a) Sufficiency of financing statement. Subject to subsection (b),
a financing statement is sufficient only if it:
(1) provides the name of the debtor;
(2) provides the name of the secured party or a |
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representative of the secured party; and
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(3) indicates the collateral covered by the
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(b) Real‑property‑related financing statements. Except as
otherwise provided in Section 9‑501(b), to be sufficient, a financing statement
that
covers as‑extracted collateral or timber to be cut, or which is filed as a
fixture filing
and covers goods that are or are to become fixtures, must satisfy subsection (a) and
also:
(1) indicate that it covers this type of collateral;
(2) indicate that it is to be filed in the real
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(3) provide a description of the real property to
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which the collateral is related sufficient to give constructive notice of a mortgage under the law of this State if the description were contained in a record of the mortgage of the real property; and
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(4) if the debtor does not have an interest of
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record in the real property, provide the name of a record owner.
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(c) Record of mortgage as financing statement. A record of a
mortgage is effective, from the date of recording, as a financing statement
filed as a
fixture filing or as a financing statement covering as‑extracted collateral or
timber
to be cut only if:
(1) the record indicates the goods or accounts that
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(2) the goods are or are to become fixtures related
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to the real property described in the record or the collateral is related to the real property described in the record and is as‑extracted collateral or timber to be cut;
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(3) the record satisfies the requirements for a
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financing statement in this Section other than an indication that it is to be filed in the real property records; and
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(4) the record is recorded.
(d) Filing before security agreement or attachment. A financing
statement may be filed before a security agreement is made or a security
interest
otherwise attaches.
(Source: P.A. 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑503) (from Ch. 26, par. 9‑503)
Sec. 9‑503.
Name of debtor and secured party.
(a) Sufficiency of debtor's name. A financing statement
sufficiently provides the name of the debtor:
(1) if the debtor is a registered organization, only |
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if the financing statement provides the name of the debtor indicated on the public record of the debtor's jurisdiction of organization which shows the debtor to have been organized;
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(2) if the debtor is a decedent's estate, only if
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the financing statement provides the name of the decedent and indicates that the debtor is an estate;
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(3) if the debtor is a trust or a trustee acting
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with respect to property held in trust, only if the financing statement:
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(A) provides the name specified for the trust in
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its organic documents or, if no name is specified, provides the name of the settlor and additional information sufficient to distinguish the debtor from other trusts having one or more of the same settlors; and
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(B) indicates, in the debtor's name or
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otherwise, that the debtor is a trust or is a trustee acting with respect to property held in trust; and
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(4) in other cases:
(A) if the debtor has a name, only if it
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provides the individual or organizational name of the debtor; and
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(B) if the debtor does not have a name, only if
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it provides the names of the partners, members, associates, or other persons comprising the debtor.
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(b) Additional debtor‑related information. A financing statement
that provides the name of the debtor in accordance with subsection (a) is not
rendered ineffective by the absence of:
(1) a trade name or other name of the debtor; or
(2) unless required under subsection (a)(4)(B),
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names of partners, members, associates, or other persons comprising the debtor.
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(c) Debtor's trade name insufficient. A financing statement that
provides only the debtor's trade name does not sufficiently provide the name of the
debtor.
(d) Representative capacity. Failure to indicate the representative
capacity of a secured party or representative of a secured party does not affect the
sufficiency of a financing statement.
(e) Multiple debtors and secured parties. A financing statement
may provide the name of more than one debtor and the name of more than one
secured party.
(Source: P.A. 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑505) (from Ch. 26, par. 9‑505)
Sec. 9‑505.
Filing and compliance with other statutes and treaties for
consignments, leases, other bailments, and other transactions.
(a) Use of terms other than "debtor" and "secured party." A
consignor, lessor, or other bailor of goods, a licensor, or a buyer of a
payment
intangible or promissory note may file a financing statement, or may comply
with a
statute or treaty described in Section 9‑311(a), using the terms "consignor",
"consignee", "lessor", "lessee", "bailor", "bailee", "licensor", "licensee",
"owner",
"registered owner", "buyer", "seller", or words of similar import, instead of
the
terms "secured party" and "debtor".
(b) Effect of financing statement under subsection (a). This part
applies to the filing of a financing statement under subsection (a) and, as
appropriate, to compliance that is equivalent to filing a financing statement
under
Section 9‑311(b), but the filing or compliance is not of itself a factor in
determining
whether the collateral secures an obligation. If it is determined for another
reason
that the collateral secures an obligation, a security interest held by the
consignor,
lessor, bailor, licensor, owner, or buyer which attaches to the collateral is
perfected
by the filing or compliance.
(Source: P.A. 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑507) (from Ch. 26, par. 9‑507)
Sec. 9‑507.
Effect of certain events on effectiveness of financing
statement.
(a) Disposition. A filed financing statement remains effective with
respect to collateral that is sold, exchanged, leased, licensed, or otherwise
disposed
of and in which a security interest or agricultural lien continues, even if the
secured
party knows of or consents to the disposition.
(b) Information becoming seriously misleading. Except as
otherwise provided in subsection (c) and Section 9‑508, a financing statement
is not
rendered ineffective if, after the financing statement is filed, the
information
provided in the financing statement becomes seriously misleading under Section
9‑506.
(c) Change in debtor's name. If a debtor so changes its name that
a filed financing statement becomes seriously misleading under Section 9‑506:
(1) the financing statement is effective to perfect |
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a security interest in collateral acquired by the debtor before, or within four months after, the change; and
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(2) the financing statement is not effective to
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perfect a security interest in collateral acquired by the debtor more than four months after the change, unless an amendment to the financing statement which renders the financing statement not seriously misleading is filed within four months after the change.
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(Source: P.A. 90‑214, eff. 7‑25‑97; 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑508)
Sec. 9‑508.
Effectiveness of financing statement if new debtor becomes
bound by security agreement.
(a) Financing statement naming original debtor. Except as
otherwise provided in this Section, a filed financing statement naming an
original
debtor is effective to perfect a security interest in collateral in which a new
debtor
has or acquires rights to the extent that the financing statement would have
been
effective had the original debtor acquired rights in the collateral.
(b) Financing statement becoming seriously misleading. If the
difference between the name of the original debtor and that of the new debtor
causes a filed financing statement that is effective under subsection (a) to be
seriously misleading under Section 9‑506:
(1) the financing statement is effective to perfect |
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a security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under Section 9‑203(d); and
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(2) the financing statement is not effective to
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perfect a security interest in collateral acquired by the new debtor more than four months after the new debtor becomes bound under Section 9‑203(d) unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time.
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(c) When Section not applicable. This Section does not apply to
collateral as to which a filed financing statement remains effective against
the new
debtor under Section 9‑507(a).
(Source: P.A. 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑509)
Sec. 9‑509.
Persons entitled to file a record.
(a) Person entitled to file record. A person may file an initial
financing statement, amendment that adds collateral covered by a financing
statement, or amendment that adds a debtor to a financing statement only if:
(1) the debtor authorizes the filing in an |
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authenticated record or pursuant to subsection (b) or (c); or
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(2) the person holds an agricultural lien that has
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become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
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(b) Security agreement as authorization. By authenticating or
becoming bound as debtor by a security agreement, a debtor or new debtor
authorizes the filing of an initial financing statement, and an amendment,
covering:
(1) the collateral described in the security
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(2) property that becomes collateral under Section
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9‑315(a)(2), whether or not the security agreement expressly covers proceeds.
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(c) Acquisition of collateral as authorization. By acquiring
collateral in which a security interest or agricultural lien continues under Section
9‑315(a)(1), a debtor authorizes the filing of an initial financing statement, and an
amendment, covering the collateral and property that becomes collateral under
Section 9‑315(a)(2).
(d) Person entitled to file certain amendments. A person may
file an amendment other than an amendment that adds collateral covered by a
financing statement or an amendment that adds a debtor to a financing statement
only if:
(1) the secured party of record authorizes the
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(2) the amendment is a termination statement for a
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financing statement as to which the secured party of record has failed to file or send a termination statement as required by Section 9‑513(a) or (c), the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed.
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(e) Multiple secured parties of record. If there is more than one
secured party of record for a financing statement, each secured party of record
may
authorize the filing of an amendment under subsection (d).
(Source: P.A. 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑512)
Sec. 9‑512.
Amendment of financing statement.
(a) Amendment of information in financing statement. Subject
to Section 9‑509, a person may add or delete collateral covered by, continue or
terminate the effectiveness of, or, subject to subsection (e), otherwise amend
the
information provided in, a financing statement by filing an amendment that:
(1) identifies, by its file number, the initial |
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financing statement to which the amendment relates; and
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(2) if the amendment relates to an initial financing
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statement filed or recorded in a filing office described in Section 9‑501(a)(1), provides the date and time that the initial financing statement was filed and the information specified in Section 9‑502(b).
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(b) Period of effectiveness not affected. Except as otherwise
provided in Section 9‑515, the filing of an amendment does not extend the
period
of effectiveness of the financing statement.
(c) Effectiveness of amendment adding collateral. A financing
statement that is amended by an amendment that adds collateral is effective as
to
the added collateral only from the date of the filing of the amendment.
(d) Effectiveness of amendment adding debtor. A financing
statement that is amended by an amendment that adds a debtor is effective as to
the
added debtor only from the date of the filing of the amendment.
(e) Certain amendments ineffective. An amendment is ineffective
to the extent it:
(1) purports to delete all debtors and fails to
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provide the name of a debtor to be covered by the financing statement; or
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(2) purports to delete all secured parties of record
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and fails to provide the name of a new secured party of record.
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(Source: P.A. 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑513)
Sec. 9‑513.
Termination statement.
(a) Consumer goods. A secured party shall cause the secured party
of record for a financing statement to file a termination statement for the
financing
statement if the financing statement covers consumer goods and:
(1) there is no obligation secured by the collateral |
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covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or
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(2) the debtor did not authorize the filing of the
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initial financing statement.
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(b) Time for compliance with subsection (a). To comply with
subsection (a), a secured party shall cause the secured party of record to file the
termination statement:
(1) within one month after there is no obligation
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secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or
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(2) if earlier, within 20 days after the secured
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party receives an authenticated demand from a debtor.
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(c) Other collateral. In cases not governed by subsection (a),
within 20 days after a secured party receives an authenticated demand from a
debtor, the secured party shall cause the secured party of record for a financing
statement to send to the debtor a termination statement for the financing statement
or file the termination statement in the filing office if:
(1) except in the case of a financing statement
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covering accounts or chattel paper that has been sold or goods that are the subject of a consignment, there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value;
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(2) the financing statement covers accounts or
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chattel paper that has been sold but as to which the account debtor or other person obligated has discharged its obligation;
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(3) the financing statement covers goods that were
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the subject of a consignment to the debtor but are not in the debtor's possession; or
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(4) the debtor did not authorize the filing of the
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initial financing statement.
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(d) Effect of filing termination statement. Except as otherwise
provided in Section 9‑510, upon the filing of a termination statement with the
filing
office, the financing statement to which the termination statement relates
ceases to
be
effective. Except
as otherwise provided in Section 9‑510, for purposes of Sections 9‑519(g),
9‑522(a), and 9‑523(c) the filing with the filing office of a termination
statement relating to a financing statement that indicates that the debtor is a
transmitting utility also causes the effectiveness of the financing statement
to lapse.
(Source: P.A. 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑515)
Sec. 9‑515.
Duration and effectiveness of financing statement; effect of
lapsed financing statement.
(a) Five‑year effectiveness. Except as otherwise provided in
subsections (b), (e), (f), and (g), a filed financing statement is effective
for a period
of five years after the date of filing.
(b) Public‑finance or manufactured‑home transaction. Except
as otherwise provided in subsections (e), (f), and (g), an initial financing
statement
filed in connection with a public‑finance transaction or manufactured‑home
transaction is effective for a period of 30 years after the date of filing if it indicates
that it is filed in connection with a public‑finance transaction or
manufactured‑home transaction.
(c) Lapse and continuation of financing statement. The
effectiveness of a filed financing statement lapses on the expiration of the period of
its effectiveness unless before the lapse a continuation statement is filed pursuant to
subsection (d). Upon lapse, a financing statement ceases to be effective and any
security interest or agricultural lien that was perfected by the financing statement
becomes unperfected, unless the security interest is perfected otherwise. If the
security interest or agricultural lien becomes unperfected upon lapse, it is deemed
never to have been perfected as against a purchaser of the collateral for value.
(d) When continuation statement may be filed. A continuation
statement may be filed only within six months before the expiration of the five‑year
period specified in subsection (a) or the 30‑year period specified in subsection (b),
whichever is applicable.
(e) Effect of filing continuation statement. Except as otherwise
provided in Section 9‑510, upon timely filing of a continuation statement, the
effectiveness of the initial financing statement continues for a period of five years
commencing on the day on which the financing statement would have become
ineffective in the absence of the filing. Upon the expiration of the five‑year period,
the financing statement lapses in the same manner as provided in subsection (c),
unless, before the lapse, another continuation statement is filed pursuant to
subsection (d). Succeeding continuation statements may be filed in the same
manner to continue the effectiveness of the initial financing statement.
(f) Transmitting utility financing statement. If a debtor is a
transmitting utility and a filed financing statement so indicates, the financing
statement is effective until a termination statement is filed.
(g) Record of mortgage as financing statement. A record of a
mortgage that is effective as a financing statement filed as a fixture filing under
Section 9‑502(c) remains effective as a financing statement filed as a fixture
filing
until the mortgage is released or satisfied of record or its effectiveness
otherwise
terminates as to the real property.
(Source: P.A. 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑516)
Sec. 9‑516.
What constitutes filing; effectiveness of filing.
(a) What constitutes filing. Except as otherwise provided in
subsection (b), communication of a record to a filing office and tender of the
filing
fee or acceptance of the record by the filing office constitutes filing.
(b) Refusal to accept record; filing does not occur. Filing does
not occur with respect to a record that a filing office refuses to accept
because:
(1) the record is not communicated by a method or |
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medium of communication authorized by the filing office;
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(2) an amount equal to or greater than the
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applicable filing fee is not tendered;
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(3) the filing office is unable to index the record
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(A) in the case of an initial financing
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statement, the record does not provide a name for the debtor;
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(B) in the case of an amendment or correction
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(i) does not identify the initial financing
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statement as required by Section 9‑512 or 9‑518, as applicable; or
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(ii) identifies an initial financing
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statement whose effectiveness has lapsed under Section 9‑515;
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(C) in the case of an initial financing
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statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's last name; or
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(D) in the case of a record filed or recorded in
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the filing office described in Section 9‑501(a)(1), the record does not provide a sufficient description of the real property to which it relates;
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(4) in the case of an initial financing statement or
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an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;
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(5) in the case of an initial financing statement or
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an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:
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(A) provide a mailing address for the debtor;
(B) indicate whether the debtor is an individual
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(C) if the financing statement indicates that
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the debtor is an organization, provide:
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(i) a type of organization for the debtor;
(ii) a jurisdiction of organization for the
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(iii) an organizational identification
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number for the debtor or indicate that the debtor has none;
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(6) in the case of an assignment reflected in an
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initial financing statement under Section 9‑514(a) or an amendment filed under Section 9‑514(b), the record does not provide a name and mailing address for the assignee; or
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(7) in the case of a continuation statement, the
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record is not filed within the six‑month period prescribed by Section 9‑515(d).
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(c) Rules applicable to subsection (b). For purposes of subsection
(b):
(1) a record does not provide information if the
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filing office is unable to read or decipher the information; and
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(2) a record that does not indicate that it is an
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amendment or identify an initial financing statement to which it relates, as required by Section 9‑512, 9‑514, or 9‑518, is an initial financing statement.
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(d) Refusal to accept record; record effective as filed record. A
record that is communicated to the filing office with tender of the filing fee,
but
which the filing office refuses to accept for a reason other than one set forth
in
subsection (b), is effective as a filed record except as against a purchaser of
the
collateral which gives value in reasonable reliance upon the absence of the
record
from the files.
(Source: P.A. 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑518)
Sec. 9‑518.
Claim concerning inaccurate or wrongfully filed record.
(a) Correction statement. A person may file in the filing office a
correction statement with respect to a record indexed there under the person's
name
if the person believes that the record is inaccurate or was wrongfully filed.
(b) Sufficiency of correction statement. A correction statement
must:
(1) identify the record to which it relates by:
(A) the file number assigned to the initial |
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financing statement to which the record relates; and
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(B) if the correction statement relates to a
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record filed or recorded in a filing office described in Section 9‑501(a)(1), the date and time that the initial financing statement was filed and the information specified in Section 9‑502(b);
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(2) indicate that it is a correction statement; and
(3) provide the basis for the person's belief that
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the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.
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(c) Record not affected by correction statement. The filing of a
correction statement does not affect the effectiveness of an initial financing
statement or other filed record.
(Source: P.A. 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑519)
Sec. 9‑519.
Numbering, maintaining, and indexing records;
communicating information provided in records.
(a) Filing office duties. For each record filed in a filing office, the
filing office shall:
(1) assign a unique number to the filed record;
(2) create a record, which may be electronic, |
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microfilm, or otherwise, that bears the number assigned to the filed record and the date and time of filing;
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(3) maintain the filed record for public inspection;
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(4) index the filed record in accordance with
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subsections (c), (d), and (e).
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(b) File number. A file number assigned after January 1, 2002,
must include a digit that:
(1) is mathematically derived from or related to the
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other digits of the file number; and
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(2) aids the filing office in determining whether a
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number communicated as the file number includes a single‑digit or transpositional error.
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(c) Indexing: general. Except as otherwise provided in
subsections (d) and (e), the filing office shall:
(1) index an initial financing statement according
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to the name of the debtor and index all filed records relating to the initial financing statement in a manner that associates with one another an initial financing statement and all filed records relating to the initial financing statement; and
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(2) index a record that provides a name of a debtor
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which was not previously provided in the financing statement to which the record relates also according to the name that was not previously provided.
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(d) Indexing: real‑property‑related financing statement. If a
financing statement is filed as a fixture filing or covers as‑extracted
collateral or
timber to be cut, it must be filed for record and the filing office shall index
it:
(1) under the names of the debtor and of each owner
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of record shown on the financing statement as if they were the mortgagors under a mortgage of the real property described; and
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(2) to the extent that the law of this State
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provides for indexing of records of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee thereunder, or, if indexing is by description, as if the financing statement were a record of a mortgage of the real property described.
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(e) Indexing: real‑property‑related assignment. If a financing
statement is filed as a fixture filing or covers as‑extracted collateral or timber to be
cut, the filing office shall index an assignment filed under Section 9‑514(a) or an
amendment filed under Section 9‑514(b):
(1) under the name of the assignor as grantor; and
(2) to the extent that the law of this State
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provides for indexing a record of the assignment of a mortgage under the name of the assignee, under the name of the assignee.
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(f) Retrieval and association capability. The filing office shall
maintain a capability:
(1) to retrieve a record by the name of the debtor
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and by the file number assigned to the initial financing statement to which the record relates; and
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(2) to associate and retrieve with one another an
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initial financing statement and each filed record relating to the initial financing statement.
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(g) Removal of debtor's name. The filing office may not remove
a debtor's name from the index until one year after the effectiveness of a
financing
statement naming the debtor lapses under Section 9‑515 with respect to all
secured
parties of record.
(h) Timeliness of filing office performance. The filing office shall
perform the acts required by subsections (a) through (e) at the time and in the
manner prescribed by filing‑office rule, but not later than two business days
after
the filing office receives the record in question.
(i) Inapplicability to real‑property‑related filing office. Subsections
(b) and (h) do not apply to a filing office described in Section
9‑501(a)(1).
(j) Unless a statute on disposition of public records provides otherwise,
if the filing officer has an electronic, microfilm, or other image record to be
maintained of the financing statement, continuation statement, statement of
assignment, statement of release, termination statement, or any other related
document, he or she may remove and destroy the original paper submission.
(Source: P.A. 91‑893, eff. 7‑1‑01; 92‑33, eff. 7‑1‑01.)
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(810 ILCS 5/9‑522)
Sec. 9‑522.
Maintenance and destruction of records.
(a) Post‑lapse maintenance and retrieval of information. The
filing office shall maintain a record of the information provided in a filed
financing
statement for at least one year after the effectiveness of the financing
statement has
lapsed under Section 9‑515 with respect to all secured parties of record. The
record
must be retrievable by using the name of
the debtor and:
(1) if the record was filed in the filing office |
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described in Section 9‑501(a)(1), by using the file number assigned to the initial financing statement to which the record relates and the date and time that the record was filed or recorded; or
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(2) if the record was filed in the filing office
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described in Section 9‑501(a)(2), by using the file number assigned to the initial financing statement to which the record relates.
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(b) Destruction of written records. Except to the extent that a
statute governing disposition of public records provides otherwise, the filing
office
immediately may destroy any written record evidencing a financing statement.
However, if the filing office destroys a written record, it shall maintain
another
record of the financing statement which complies with subsection (a).
(Source: P.A. 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑523)
Sec. 9‑523.
Information from filing office; sale or license of records.
(a) Acknowledgment of filing written record. If a person that
files a written record requests an acknowledgment of the filing, the filing
office
shall send to the person an image of the record showing the number assigned to
the
record pursuant to Section 9‑519(a)(1) and the date and time of the filing of
the
record. However, if the person furnishes a copy of the record to the filing
office,
the filing office may instead:
(1) note upon the copy the number assigned to the |
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record pursuant to Section 9‑519(a)(1) and the date and time of the filing of the record; and
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(2) send the copy to the person.
(b) Acknowledgment of filing other record. If a person files a
record other than a written record, the filing office shall communicate to the person
an acknowledgment that provides:
(1) the information in the record;
(2) the number assigned to the record pursuant to
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(3) the date and time of the filing of the record.
(c) Communication of requested information. The filing office
shall communicate or otherwise make available in a record the following
information to any person that requests it:
(1) whether there is on file on a date and time
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specified by the filing office, but not a date earlier than three business days before the filing office receives the request, any financing statement that:
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(A) designates a particular debtor or, if the
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request so states, designates a particular debtor at the address specified in the request;
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(B) has not lapsed under Section 9‑515 with
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respect to all secured parties of record; and
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(C) if the request so states, has lapsed under
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Section 9‑515 and a record of which is maintained by the filing office under Section 9‑522(a);
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(2) the date and time of filing of each financing
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(3) the information provided in each financing
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(d) Medium for communicating information. In complying with
its duty under subsection (c), the filing office may communicate information in
any
medium. However, if requested, the filing office shall communicate information
by
issuing a record that can be admitted into evidence in the courts of this
State without extrinsic evidence of its authenticity.
(e) Timeliness of filing office performance. The filing office shall
perform the acts required by subsections (a) through (d) at the time and in the
manner prescribed by filing‑office rule,
but in the case of a filing
office described in Section 9‑501(a)(2),
not later than two business days
after
the filing office receives the request.
(f) Public availability of records. At least weekly, the Secretary
of State shall offer to sell
or
license to the public on a nonexclusive basis, in bulk, copies of all records
filed in it
under this Part, in every medium from time to time available to the filing
office.
(Source: P.A. 91‑893, eff. 7‑1‑01.)
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(810 ILCS 5/9‑525)
Sec. 9‑525. Fees.
(a) Initial financing
statement or
other record: general rule.
Except as otherwise
provided in subsection (e), the fee for filing and indexing a record under this
Part,
other than an initial financing statement of the kind described in subsection
(b),
is:
(1) $20 if the record is communicated in writing and |
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consists of one or two pages;
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(2) $20 if the record is communicated in writing and
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consists of more than two pages; and
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(3) $20 if the record is communicated by another
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medium authorized by filing‑office rule.
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(b) Initial financing statement:
public‑finance
and
manufactured‑housing transactions. Except as
otherwise provided in subsection (e), the fee for filing and indexing an
initial
financing statement of the following kind is:
(1) $20 if the financing statement indicates that it
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is filed in connection with a public‑finance transaction;
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(2) $20 if the financing statement indicates that it
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is filed in connection with a manufactured‑home transaction.
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(c) Number of names. The number of names required to be
indexed does not affect the amount of the fee in subsections (a) and (b).
(d) Response to information request. The fee for responding to a
request for information from the filing office, including for issuing a
certificate
showing communicating whether there is on file any financing
statement naming
a particular debtor, is:
(1) $10 if the request is communicated in writing;
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(2) $10 if the request is communicated by another
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medium authorized by filing‑office rule.
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(e) Record of mortgage. 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 Section 9‑502(c). However, the recording and satisfaction fees
that
otherwise would be applicable to the record of the mortgage apply.
(f) Of the total money collected for each filing with the Secretary of State of an original financing statement, amended statement, continuation, or assignment, or for a release of collateral, $12 of the filing fee shall be paid into the Secretary of State Special Services Fund. The remaining $8 shall be deposited into the General Revenue Fund in the State treasury.
(Source: P.A. 93‑990, eff. 8‑23‑04.)
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(810 ILCS 5/9‑526)
Sec. 9‑526.
Filing‑office rules.
(a) Adoption of filing‑office rules. The Secretary of State
shall adopt and publish rules to implement
this
Article. The filing‑office rules must be:
(1) consistent with this Article; and
(2) adopted and published in accordance with the |
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Illinois Administrative Procedure Act.
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(b) Harmonization of rules. To keep the filing‑office rules and
practices of the filing office in harmony with the rules and practices of
filing offices
in other jurisdictions that enact substantially this Part, and to keep the
technology
used by the filing office compatible with the technology used by filing offices
in
other jurisdictions that enact substantially this Part, the Secretary of State,
so far as is consistent with the purposes,
policies,
and provisions of this Article, in adopting, amending, and repealing
filing‑office
rules, shall:
(1) consult with filing offices in other
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jurisdictions that enact substantially this Part; and
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(2) consult the most recent version of the Model
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Rules promulgated by the International Association of Corporate Administrators or any successor organization; and
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(3) take into consideration the rules and practices
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of, and the technology used by, filing offices in other jurisdictions that enact substantially this Part.
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(Source: P.A. 91‑893, eff. 7‑1‑01.)
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