§ 820-4-2-.07. Miscellaneous
(1) "Existence Of Debt." A debt need not exist at the time of filing of an effective financing statement.
(2) "Incorporation By Reference." The Secretary of State incorporates by reference, as the federal law generates this central filing system, in its entirety 9 CFR Part 205 entitled "Protection for Purchasers of Farm Products," which is developed by the Secretary of Agriculture to fulfill the Secretary's responsibility under Section 1324 of the Food Security Act of 1985, PL 99-198. Copies of this document may be obtained without charge from the Secretary of State's Office, Business Services Division, Room 119, Alabama State House, 11 South Union Street, Montgomery, Alabama 36130.
(3) "Failure To Register." Not registering with the Secretary of State has the effect of making such persons, whether they are inside or outside the State of Alabama covered by this system, subject to security interests shown on the system's master list, whether or not such persons know about them, so that such persons for their own protection will need to query the system operator about any seller with whom they deal and who is engaged in farming operations relating to the production of a farm product in the State of Alabama and covered by the system.
(4) "Certified Copies." Requests for certified copies of effective financing statements must be received in a manner consistent with Code of Ala. 1975, § 7-9A-523, and be accompanied by a fee of 5.00 for the certification and $1.00 per page for the copies as provided in Code of Ala. 1975, § 36-14-3.
(a) In keeping with established practice, all electronic farm product transactions will be charged an access fee of $9.75 per transaction in addition to any applicable contract provider convenience fee.
(b) Said fees shall be in addition to any statutory filing, information request, and copy fees set forth in Code of Ala. 1975, Section 7-9A-525.
(5) "No Retroactive Lists." New effective financing statement filings only appear in the latest edition of the Master List or portions thereof or its update if the filing is not terminated or lapses.
(6) "Distribution Not By First Class Mail." Registrants requiring master lists or portions thereof, written confirmation of oral communications under Rule 820-4-2-.05(9), or an acknowledgment under 820-4-2-.04(2), by other means than first class mail are to pay the additional delivery charges for such expedited service.
(7) "Forms." Pursuant to Code of Ala. 1975, § 7-9A-307, the Secretary of State may prescribe and from time to time modify forms approved for use in the Central Filing System. Copies of these rules and samples of these forms may be obtained from the Secretary of State.(New Rule: January 10, 2001; effective February 14, 2001. Amended: Filed January 9, 2003; effective February 13, 2003. Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 07, April 29, 2016, eff. May 20, 2016.)
Formerly Rule 820-X-7-.01 through 820-X-7-.07, as per certification filed January 10, 2001; effective February 14, 2001.
Authors: Valeria Harman, Charles E. Grainger, Jr., Jean Brown
Statutory Authority: Code of Ala. 1975, §§ 7-9-307, 7-9-407.
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