Section 820-4-3-.07 - Search Requests And Reports (Alabama Administrative Code)

§ 820-4-3-.07. Search Requests And Reports

(1) General requirements. The filing officer maintains for public inspection a searchable index for all UCC records. The index shall provide for the retrieval of a record by the name of the debtor and by the file number of the initial financing statement and each filed UCC record relating to the initial financing statement.

(2) Search requests. Search requests shall contain the following information.

(a) Name searched. A search request should set forth the correct name of the debtor to be searched and must specify whether the debtor is an individual or an organization. A search request will be processed using the name in the exact form it is submitted.

(b) Requesting party. The name and address of the person to whom the search report is to be sent.

(c) Fee. The appropriate fee shall be enclosed, payable by a method described in Rule 820-4-3-.01(11).

(d) Search request with filing. If a filer requests a search at the time a UCC record is filed, the name to be searched will be the debtor name as set forth on the form. The requesting party shall be the remitter of the UCC record, and the search request shall be deemed to request a search that would retrieve all financing statements filed on or prior to the date the UCC record is filed.

(3) Rules applied to search requests. Search results are produced by the application of standardized search logic to the name presented to the filing officer. Human judgment does not play a role in determining the results of the search. The following rules apply to searches.

(a) There is no limit to the number of matches that may be returned in response to the search criteria.

(b) No distinction is made between upper and lower case letters.

(c) Punctuation marks and accents are disregarded.

(d) Words and abbreviations at the end of a name that indicate the existence or nature of an organization as set forth in the "Ending Noise Words" list as promulgated and adopted by the International Association of Corporation Administrators are disregarded.

(e) The word "the" at the beginning or end of the search criteria is disregarded.

(f) All spaces are disregarded.

(g) For first and middle names of individuals, initials are treated as the logical equivalent of all names that begin with such initials, and first name and no middle name or initial is equated with all middle names and initials. For example, a search request for "John A. Smith" would cause the search to retrieve all filings against all individual debtors with "John" or the initial "J" as the first name, "Smith" as the last name, and with the initial "A" or any name beginning with "A" in the middle name field. If the search request were for "John Smith" (first and last names with no designation in the middle name field), the search would retrieve all filings against individual debtors with "John" as the first name, "Smith" as the last name and with any name or initial or no name or initial in the middle name field.

(h) After using the preceding rules to modify the name to be searched the search will reveal only names of debtors that are contained in unlapsed financing statements and exactly match the name requested, as modified.

(4) Optional information. A UCC search request may contain any of the following information.

(a) The request may limit the records requested by limiting them by the address of the debtor, the city of the debtor, or the date of filing (or a range of filing dates). A report created by the filing officer in response to such a request shall contain the statement "A limited search may not reveal all filings against the debtor searched and the searcher bears the risk of relying on such a search."

(b) The request may ask for copies of UCC documents identified on the primary search response.

(c) Instructions on the mode of delivery desired, if other than by ordinary mail, which request will be honored if the requested mode is available to the filing office.

(4) Search responses. Reports created in response to a search request shall include the following.

(a) Filing officer. Identification of the filing officer and the certification of the filing officer required by law.

(b) Report date. The date the report was generated.

(c) Name searched. Identification of the name searched.

(d) Certification date. The certification date and time for which the search is effective.

(e) Identification of initial financing statements. Identification of each unlapsed initial financing statement filed on or prior to the certification date and time corresponding to the search criteria, by name of debtor, by identification number, and by file date and file time.

(f) History of financing statement. For each initial financing statement on the report, a listing of all related UCC records filed by the filing officer on or prior to the certification date.

(g) Copies. As distinguished in Comment 4 to Section 7-9A-523, Code of Ala. 1975, copies of all UCC records revealed by the search and requested by the searcher are available as an additional service available for the fee of $1.00 per page identified in Section 36-14-3, Code of Ala 1975.

(5) Transition searches. During the transition period of January 1, 2002 through December 31, 2006, public access to a database that produces search results beyond exact name matches may be provided by the filing office. The supplemental database shall not be considered part of the standard search logic and shall not constitute an official search by the filing office.

Author: Charles E. Grainger, Jr.

(New Rule: Filed February 7, 2002; effective March 14, 2002.)

Statutory Authority: Code of Ala. 1975, § 7-9A-526.

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