100 R.I. Code R. § 100-RICR-30-00-1.2 - Definitions

A. Terms used in this section that are defined in the UCC and not otherwise defined in this section shall have the respective meanings accorded to such terms in the UCC. For the purposes of this Part, the following words and abbreviations shall, unless the context otherwise indicates, have the following meanings. For the avoidance of doubt, the lack of capitalization for any defined term herein shall not relieve such term from the definition ascribed to it below, unless the context indicates otherwise.

1. "Address" means either:

a. street address, route number (may include box) or P.O. Box number plus the city, state and zip code; or

b. an address that purports to be a mailing address outside the United States.

2. "Amendment" means a UCC record that purports to amend the information contained in a financing statement. Amendments include assignments, continuations, and terminations. An amendment may be filed with the UCC-3 financing statement amendment form, which may be found on the filing office's website located at www.sos.ri.gov.

3. "Assignment" or "Assignment statement" is an amendment that purports to reflect an assignment of all or a part of a secured party's power to authorize an amendment to a financing statement.

4. "Continuation" or "Continuation statement" means an amendment that purports to continue the effectiveness of a financing statement.

5. "Electronic transmission" means any method accepted by the Rhode Island Department of State, Office of the Secretary of State for the transmission by electronic format of financing statements, information requests, or associated information.

6. "File number" means the unique identifying information assigned to a UCC record by the filing officer for the purpose of identifying the record in the filing office's UCC information management system. For a filing made prior to January 1, 2003, the file number is a six-digit number. For filings made on or after January 1, 2003, the file number is a 12-digit number. The file number includes three segments: the year of the filing expressed as a four-digit number, followed by a unique six-digit number and ending with a two-digit verification number assigned algorithmically (the "check digit").

7. "Filing office" means the Rhode Island Department of State, Office of the Secretary of State, as further defined in § 1.4 of this Part.

8. "Filing officer" means any individual employed by and representing the filing office in an official capacity.

9. "Filing office statement" means a statement entered into the filing office's UCC information management system to correct an error made by the filing officer.

10. "Financing statement" means a UCC record or records composed of an initial financing statement and any filed records relating to the initial financing statement.

11. "Individual" means a human being, or a decedent in the case of a debtor that is such decedent's estate.

12. "Information request" means a request for certified records of a debtor or debtors from the filing office. An information request may be filed with the UCC-11 information request form, which may be found on the filing office's website located at www.sos.ri.gov.

13. "Information statement" means a UCC record that indicates that a financing statement is inaccurate or wrongfully filed. An information statement may be filed with the UCC-5 information statement form, which may be found on the filing office's website located at www.sos.ri.gov.

14. "Initial financing statement" means a UCC record containing the information required by R.I. Gen. Laws § 6A-9-502, which, when filed, creates the initial record of the filing of a financing statement in the UCC information management system. A UCC record that does not identify itself as an amendment or identify an initial financing statement to which it relates, as required by R.I. Gen. Laws §§ 6A9-512, 6A-9-514 or 6A-9-518 is an initial financing statement. An initial financing statement may be filed with the UCC-1 financing statement form, which may be found on the filing office's website located at www.sos.ri.gov.

15. "Lapse date" means the same date of the same month in the fifth year after filing or in the relevant subsequent fifth anniversary if a timely continuation statement has been filed. If the initial financing statement indicates that it is filed with respect to public finance or manufactured home transaction, the lapse date is the same day of the month in the 30th year after filing. In the case of a leap year, the relevant anniversary date for a February 29th filing date shall be March 1st in the fifth or 30th year following the date of filing. The last day on which a continuation may be filed is the date upon which the financing statement lapses. A lapse date is calculated for each initial financing statement unless the debtor is indicated to be a transmitting utility.

16. "Legible" or "legibly" means a communication (including, but not limited to, written expressions on paper and machine-readable transmissions for Electronic Transmissions) which may be understood or is otherwise readily decipherable by a reasonable interpreter of such communication (including by any such machines designed to interpret electronic transmissions).

17. "Organization" means a legal person or legal entity that is not an individual.

18. "Remitter" means an individual or organization providing information in a UCC record or information request, or a service provider who acts as a filer's representative in the filing process but does not include an individual or organization responsible merely for the delivery of the document to the filing office, such as the postal service or a courier service.

19. "Secured party of record" means, with respect to a financing statement, an individual or organization whose name is provided as the name of a secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed in accordance with R.I. Gen. Laws § 6A-9-514(a), the assignee named in the initial financing statement is the secured party of record with respect to the financing statement. If an amendment of a financing statement which provides the name of an individual or organization as a secured party or a representative of a secured party is filed under R.I. Gen. Laws § 6A-9-514(b), the assignee named in the amendment is a secured party of record. A secured party of record includes an individual or organization who has been a secured party of record where an amendment has been filed purporting to delete them as a secured party of record.

20. "Termination" or "termination statement" means an amendment intended to indicate that the related financing statement is no longer effective with respect to the secured party authorizing the termination.

21. "UCC" means the Uniform Commercial Code as enacted in Rhode Island and in effect from time to time.

22. "UCC information management system" means the integrated data and imaging system maintained by the Rhode Island Department of State Office of the Secretary of State, located on the Internet at www.sos.ri.gov.

23. "UCC record" means an initial financing statement, an assignment, a continuation statement, a termination statement, a filing office statement or an information statement, and includes a record thereof maintained by the filing office. The term shall not be deemed to refer exclusively to paper or paper-based writings.

Notes

100 R.I. Code R. § 100-RICR-30-00-1.2

Adopted effective 1/1/2019