1.  When did Revised Article 9 of the Uniform Commercial Code take effect?

On July 1, 2001. This legislation made significant changes in filing procedures.

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2.  Where do I file a UCC?

Non-real property related UCC financing statements and amendments are filed in the central filing office in the UCC Section of the NC Department of the Secretary of State.

NC Secretary of State

UCC Division

PO Box 29626

Raleigh, NC 27626-0626

(919) 807-2111

www.sosnc.com

Real property related filings and amendments are filed in the Register of Deeds Office where the collateral is located and whose collateral includes fixtures, timber to be cut, or as-extracted minerals.

For Rockingham County real property related filings:

Rockingham County Register of Deeds

PO Box 56

Wentworth, NC 27375

 

G.S. 25-9-501

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3.  Where do I obtain the forms?

Because there is additional information required to file a UCC in North Carolina under Revised Article 9, you must use the new forms. The National UCC Financing Statement forms are available on the Secretary of State's website at www.sosnc.com for your use.

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4.  What are the recording fees?

Filing fees for initial financing statements, correction statements,

and all amendments, including terminations:

1 or 2 pages	$38
3 to 10 pages	$45
Over 10 pages	$45, plus $2 per page over ten

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5. What are the requirements to be filed at the local filing office?

• the UCC or amendment form must indicate that the document is to be filed in the real estate records of the local filing office 

• must meet all requirements of Revised Article 9

• the collateral includes fixtures, timber to be cut, or as-extracted minerals

Local Register of Deeds filing offices no longer maintain a separate index for UCC's; they are indexed in the Consolidated Real Estate Index only and assigned a book and page number. UCC filings that existed in those earlier separate indexes will be maintained until June 30, 2008.

Local filing offices no longer perform searches on UCC's filed on or after July 1, 2001.

Debtor's name and property address/description are required on all real property-related UCC's and amendments.

Note: Submit a single copy for recording.

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6. What are the reasons to reject a UCC filed at the local filing office?

Refer to N.C.G.S. 25-9-516

• The UCC is not communicated in a method authorized by the filing office.
   

• Fee is not equal to or greater than statutory fee.
   

• The filing office is unable to read information contained in the UCC.
   

• The filing office is unable to index the UCC because:

               *the initial financing statement does not provide a name for the debtor.
               *the amendment or correction statement does not identify the initial financing statement by file number (book & page) and debtor's name, or identifies an initial financing statement whose effectiveness has lapsed, or the initial financing statement or the amendment that provides an individual debtor's name that was not included on the initial statement does not identify the debtor's last name

• The real-property related UCC does not provide a description of the property to which it relates.
   

• The initial financing statement or the amendment that adds a secured party does not provide a name and mailing address for the secured party.
   

• The initial financing statement or the amendment that provides a debtor not provided in the related initial statement does not  
  
        *   provide a mailing address for the debtor, or
        *   indicate whether the debtor is an individual or an organization.
        *   If the debtor is an organization, the UCC does not provide:
                  Θ    the type of organization
                  Θ    jurisdiction of organization
                  Θ    organizational ID number, or
                  Θ    indicate that there is no ID number
   

• The assignment in the initial financing statement or the amendment does not include an address for the assignee.
   

• The continuation statement is not filed within the six-month period required by G.S. 25-9-515(d).
   

• The UCC does not indicate that the statement is to be filed in the real estate records.
   

• GS 25-9-710(b): Local filing offices do not accept for filing any amendments to non-real estate related UCC's that were filed before July 1, 2001.

 

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