70A-9a-523 - Information from filing office -- Sale or license of records.
70A-9a-523. Information from filing office -- Sale or license of records.
(1) If a person that files a written record requests an acknowledgment of the filing, thefiling office shall send to the person an image of the record showing the number assigned to therecord pursuant to Subsection 70A-9a-519(1)(a) 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 mayinstead:
(a) note upon the copy the number assigned to the record pursuant to Subsection70A-9a-519(1)(a) and the date and time of the filing of the record; and
(b) send the copy to the person.
(2) If a person files a record other than a written record, the filing office shallcommunicate to the person an acknowledgment that provides:
(a) the information in the record;
(b) the number assigned to the record pursuant to Subsection 70A-9a-519(1)(a); and
(c) the date and time of the filing of the record.
(3) The filing office shall communicate or otherwise make available in a record thefollowing information to any person that requests it:
(a) whether there is on file on a date and time specified by the filing office, but not a dateearlier than three business days before the filing office receives the request, any financingstatement that:
(i) designates a particular debtor or, if the request so states, designates a particular debtorat the address specified in the request;
(ii) has not lapsed under Section 70A-9a-515 with respect to all secured parties of record;and
(iii) if the request so states, has lapsed under Section 70A-9a-515 and a record of whichis maintained by the filing office under Subsection 70A-9a-522(1);
(b) the date and time of filing of each financing statement; and
(c) the information provided in each financing statement.
(4) In complying with its duty under Subsection (3), the filing office may communicateinformation in any medium. However, if requested, the filing office shall communicateinformation by issuing a record that can be admitted into evidence in the courts of this statewithout extrinsic evidence of its authenticity.
(5) The filing office shall perform the acts required by Subsections (1) through (4) at thetime and in the manner prescribed by filing-office rule, but in the case of a filing office describedin Subsection 70A-9a-501(1)(b) not later than two business days after the filing office receives therequest.
(6) At least weekly, the Division of Corporations and Commercial Code shall offer to sellor license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under thispart, in every medium from time to time available to the filing office.
(7) (a) Subsections (1) through (6) apply only to records filed in the Division ofCorporations and Commercial Code.
(b) With respect to financing statements filed with a county recorder under this chapter, acounty recorder shall provide receipts, acknowledgments of filings and copies, and permitsearches of the records of the county recorder's office in the same manner as if the financingstatements were records of mortgages.
Enacted by Chapter 252, 2000 General Session