§ 34-21-1107 — 34-21-1102. Central filing system; establishment

Wyoming § 34-21-1107

• Jurisdiction: Wyoming
• Title 34: Property, Conveyances and Security Transactions
• Ch. 21: UNIFORM COMMERCIAL CODE
• Art. 11: CENTRAL FILING SYSTEM - AGRICULTURAL PRODUCTS

Text

(a) The secretary of state shall establish and operate a
central filing system for effective financing statements. The
system shall provide a means for filing effective financing
statements or notices of such financing statements on a
statewide basis. The system shall include requirements that:
(i) An effective financing statement or notice of a
financing statement shall be filed in the office of the
secretary of state. A debtor's residence is presumed to be the
residence shown on the filing. The validity of the filing is
not affected if the residence indicated is improper or
inaccurate. The secretary of state shall mark the statement or
notice with a consecutive file number and the date and hour of
filing and shall hold the statement or notice for public
inspection. In addition, the secretary of state shall index the
statements and notices according to the name of the debtor and
shall note in the index the file number and the address of the
debtor given in the statement;
(ii) The secretary of state shall compile all
statements or notices filed under this act into a master list
containing the information specified in W.S.
34-21-1101(a)(v)(D);
(iii) The secretary of state shall distribute to
registrants the information on the master list in lists by farm
product arranged either alphabetically by debtor or numerically
by the debtor's approved unique identification number. If a
registered buyer so requests, the list or lists for such buyer
may be limited to any county or group of counties where the farm
product is used or produced or to any crop year or years or a
combination of those identifiers;
(iv) All buyers of farm products, commission
merchants, selling agents and other persons may register with
the secretary of state to receive lists described in paragraph
(a)(iii) of this section. Lists produced under the central
filing system shall be used only for the purposes of this act.
Any buyer of farm products, commission merchant, selling agent
or other person conducting business from multiple locations
shall be considered as one (1) entity. Registration shall be on
an annual calendar year basis. The secretary of state shall
provide the form for registration which shall include the name
and address of the registrant and the list or lists described in
paragraph (a)(iii) of this section which the registrant desires
to receive. The form shall also include other information that
the secretary of state may require to comply with section 1324
of the Food Security Act of 1985, Public Law 99-198, 7 U.S.C.
1631 (Supp. 1988), or to more efficiently carry out his duties
under this act. A registration shall not be completed until the
form provided is properly completed and received by the
secretary of state accompanied by the specified registration
fee. A registrant shall pay an additional annual fee as
specified under this act to receive monthly lists described in
paragraph (a)(iii) of this section. A registration may be
amended during the year by properly completing the prescribed
form and submitting it along with the specified fee to the
secretary of state. Registrants shall immediately notify the
secretary of state of any change of address by filling out the
proper form in order to continue to receive copies of the
central filing system master list and to continue to be
considered registered. The secretary of state shall maintain a
record of the registrants and the lists and contents of the
lists received by the registrants for a period of five (5)
years;
(v) The lists requested by registrants under
paragraph (a)(iv) of this section shall be distributed by the
secretary of state on a monthly basis and shall be in written or
printed form. The secretary of state may by rule provide for
the distribution of the lists on any medium and establish
reasonable charges therefor. The secretary of state shall, by
rule, establish the dates upon which the monthly distribution
will be made, the dates after which a filing of an effective
financing statement will not be reflected on the next monthly
distribution of lists and the dates by which a registrant must
complete a registration to receive the next monthly list; and
(vi) The secretary of state shall remove lapsed and
terminated effective financing statements or notices of such
financing statements from the master list before preparing the
lists for distribution under paragraph (a)(v) of this section.
(b) The secretary of state shall apply to the secretary of
the United States department of agriculture for certification of
the central filing system.
(c) The secretary of state shall:
(i) Adopt and promulgate rules to implement this act
if necessary to obtain federal certification of the central
filing system. Additional and alternative requirements made in
conformity with section 1324 of the Food Security Act of 1985,
Public Law 99-198, 7 U.S.C. § 1631 (Supp. 1988) and with the
rules promulgated under it may be imposed by the secretary of
state by rule;
(ii) Prescribe all forms to be used for filing
effective financing statements and subsequent transactions and
all other forms necessary to implement this act.