CENTRAL FILING SYSTEM RELATING TO FARM PRODUCTS (1) The Oklahoma County Clerk shall be responsible for developing and maintaining the central filing system. This responsibility shall include obtaining the necessary certification for the system from the United States Department of Agriculture (USDA). The effective date for the implementation of the central filing system shall be one hundred eighty (180) days from the certification of the central filing system by the USDA.
(2)The Oklahoma County Clerk may promulgate, in accordance with laws governing business within its office, appropriate rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this part and to keep the technology used by the filing o
Free access — add to your briefcase to read the full text and ask questions with AI
CENTRAL FILING SYSTEM RELATING TO FARM PRODUCTS (1) The Oklahoma County Clerk shall be responsible for developing and maintaining the central filing system. This responsibility shall include obtaining the necessary certification for the system from the United States Department of Agriculture (USDA). The effective date for the implementation of the central filing system shall be one hundred eighty (180) days from the certification of the central filing system by the USDA. (2) The Oklahoma County Clerk may promulgate, in accordance with laws governing business within its office, appropriate rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this part and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this part. The Oklahoma County Clerk, so far as is consistent with the purposes, policies, and provisions of this article in adopting, amending, and repealing filing office rules, shall: (a) consult with filing offices in other jurisdictions that enact substantially this part, (b) consult the International Association of Commercial Administrators or any successor organization, and (c) take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this part, for the implementation and operation of the central filing system. (3) The central filing system shall conform to the following requirements: (a) The Oklahoma County Clerk shall record the date, hour, minute, and second of the filing of each effective financing statement; (b) The Oklahoma County Clerk shall compile all effective financing statements into a master list: (i) organized according to farm products; (ii) arranged within each such product: (A) in alphabetical order according to the last name of the individual debtors or, in the case of debtors doing business other than as individuals, the first word in the name of the debtors; (B) in numerical order according to the Social Security number of the individual debtors or, in the case of debtors doing business other than as individuals, the Internal Revenue Service taxpayer identification number of the debtors; (C) geographically by county produced; and (D) by crop year; and (iii) containing the information provided for in subparagraph (iv) of paragraph (d) of Section 1- 9-320.2 of this title. (c) The Oklahoma County Clerk shall maintain records of all buyers of farm products, commission merchants, selling agents and others who register with the Oklahoma County Clerk, on a form containing: (i) the name and address of each registrant; (ii) the information on the farm product or products that the registrant is requesting; (iii) the name of each county where the product is produced or to be produced, or a blanket code covering all seventy-seven (77) counties of this state; and (iv) an authorized signature. (d) (i) A copy of those portions of the master list covering the information requested by a registrant shall be distributed to such registrants by the Oklahoma County Clerk on or before the last business day of each month and shall be presumed to have been received by the third business day of the following month. (ii) Registrants shall be deemed to be registered only as to those portions of the master list for which they register, and shall be deemed to have failed to register and shall not be considered to be registrants as to those portions for which they do not register. (iii) Registrants are subject only to security interests shown on the portions of the master list which they receive as a consequence of registration with the Oklahoma County Clerk. (iv) If a particular security interest is shown on the master list, but was included since the last regular distribution of portions of the master list to registrants, registrants shall not be subject to that security interest; (e) The duration of the registration with the Oklahoma County Clerk of a buyer of farm products, commission merchant, selling agent or other registrant shall be one (1) year from the effective date of the registration with the Oklahoma County Clerk. (f) (i) Upon request, within twenty-four (24) hours of any inquiry, for information, the Oklahoma County Clerk shall provide confirmation of the existence or nonexistence of any effective financing statement on file. By the close of the business day following the day on which the request was received, written confirmation of the existence of an effective financing statement will be provided to buyers of farm products, commission merchants, and selling agents who have not registered, and others who request it. (ii) The state or political subdivision shall not be liable if a loss or claim results from any confirmation of the existence or nonexistence of any effective financing statement on file in the Oklahoma County Clerk’s office made in good faith by an employee of the Oklahoma County Clerk’s office as required by the provisions of this section. (4) The filing in the office of the Oklahoma County Clerk under this section shall be in addition to the filing requirements provided for in this article. (5) A financing or continuation statement covering farm products that has not lapsed and which was filed pursuant to this title between December 23, 1986, and October 24, 1988, inclusive, and for which no written notice was furnished as provided in Section 1-9-320.7 of this title, shall become ineffective as to a buyer of farm products, commission merchant or selling agent, unless the secured party files an effective financing statement in the office of the Oklahoma County Clerk. (6) An effective financing statement shall not be deemed filed in accordance with the provisions of this section until all fees authorized by Section 111 of Title 28 of the Oklahoma Statutes relating to the filing of the statement are tendered to the Oklahoma County Clerk. (7) The secured party shall file a termination statement within twenty (20) days after there is no outstanding secured obligation or commitment to make advances, incur obligations or otherwise give value. The termination statement shall refer to the unique document ID number. The secured party shall not be required to file a termination statement if the debtor, in writing, addressed to the secured party, requests that a termination not be filed. The request shall be signed by the debtor or an authorized representative and the request may be made at any time prior to the expiration date of an effective financing statement set forth herein. If the affected secured party fails to file a termination statement as required by this subsection, the party shall be liable to the Oklahoma County Clerk for Five Hundred Dollars ($500.00). In addition the affected secured party shall be liable to the debtor for any loss caused to the debtor by the failure to terminate the effective financing statement. (8) The Oklahoma County District Attorney shall be responsible for enforcing the provisions of subsection (7) of this section on behalf of the Oklahoma County Clerk and is authorized to take appropriate actions to collect any penalties owed to the Oklahoma County Clerk pursuant to subsection (7) of this section. When collected, the Oklahoma County District Attorney shall cause the penalty to be deposited into the Oklahoma County Clerk’s Uniform Commercial Code Central Filing Fund created pursuant to Section 1-9- 525.1 of Title 12A of the Oklahoma Statutes. (9) As the purpose of an effective financing statement filing is to ensure that a joint check is made payable to the debtor and all applicable secured parties, there shall be no priority among filings. Filings shall be processed according to the order in which they were filed, as recorded in a timestamp within the filing. (10) All active filings on the effective date of this act, as provided in paragraph (1) of this section, shall be filed with the Oklahoma County Clerk’s office. Each active filing that is filed pursuant to the requirements of this paragraph shall be accompanied with a transition document that shall be provided by the Oklahoma County Clerk’s office. The Oklahoma County Clerk’s office shall charge no fee for active filings that are migrated to the system maintained by the Oklahoma County Clerk.