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UCC Continuation Window
June 30, 2006 cut-off date
The South Carolina Secretary of State’s office is aware of the controversy
surrounding the Uniform Commercial Code (UCC) continuation filing issue.
This office will adopt the recommendation of the International Association
of Commercial Administrators (IACA) Board of Directors to accept
continuations within the six-month window provided for in Article 9, Section
515(d) (S.C. Code Ann. Section 36-9-515(d)), and not to “open the window for
continuations” on January 1, 2006. Please contact your legal advisor with
questions related to the Revised Article 9 transition issue. We are also
providing the following link to the advisory report issued by the Permanent
Editorial Board for the Uniform Commercial Code, on maintaining perfection
beyond the June 30, 2006 cut-off date:
http://www.ali.org/ali/DEC2005PEB-report.pdf . Thank you.
A MESSAGE TO OUR DIRECT ACCESS
USERS:
PLEASE NOTE: Effective March 1, 2004,
all UCC filings received after OCTOBER 27, 2003 will not be available
through Direct Access, they may be requested directly from the UCC Search
Division via MAIL, FAX or EMAIL. Your request should be submitted on the
UCC-11 Information Request form. Fees will apply upon completion of search.
FAX: 803-734-1610 EMAIL:
SCUCC@INFOAVE.NET
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The Uniform Commercial Code is a set of
uniform laws governing commercial transactions. These laws help promote
interstate commerce by making it simpler to pursue transactions in various
jurisdictions. The Code covers the sales of goods, commercial paper, bank
deposits and collections, letters of credit, bulk transfers, warehouse receipts,
bills of lading, investment securities and secured transactions.
The South Carolina Secretary of State handles
the filing of UCC Article 9 interests for Secured Transactions.
There are three types of financing statements filed by this office:
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UCC-1: Original Financing Statement
(There are some cases in which a UCC-1 must be filed with the County Clerk
or Register of Mesne Conveyances rather than the Secretary of State. This
determination is based on the type of collateral used in the transaction.)
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UCC-3: Statement of Change
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UCC-11: Request for Information
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UCC-5: Debtors may also file a
UCC-5 Correction Statement to correct erroneous information on any filing
concerning them or to state why the filing is wrongfully filed. These
corrections will be filed but will not be indexed."
To see the RA9 bill in its entirety
click here. To see the filing statutes click here.
Contacts:
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| Filings |
Lisa Culler |
(803) 734-2171 |
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Renea Harper |
(803) 734-1116 |
| Searches |
Shelby Smith |
(803) 734-2175 |
Download and/or fill out forms
here.
Including the NEW
fees/forms.
Fees
ALERT:
FILING FEE CHANGE
| Fees
AS OF 5/14/2003 |
| UCC1 or UCC3 (For FIRST
TWO pages) |
$8.00 |
| UCC1 or UCC3 (For THIRD
page) |
$2.00 |
| UCC1 or UCC3 (For each ADDITIONAL page) |
$1.00 |
| Each Additional Debtor more than
TWO Debtors |
$2.00 |
| UCC11 Search Fee |
$5.00 |
| UCC11 e-Search Fee |
$5.00 |
| Public Finance Transaction |
$20.00 |
| Manufactured Home Transaction |
$20.00 |
| Copies (First Page) |
$2.00 |
| Copies (Additional Page) |
$1.00 |
| Certification (Per Copy) |
$2.00 |
| Fax Fee: Incoming (Per
Search) |
$5.00 |
| Fax Fee: Outgoing (Per
Search) |
$10.00 |
| Additional Fax Fee:
Outgoing (Per Page) |
$1.00 |
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