Duties of filing officer.

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(a) If a notice of lien is communicated to and accepted by the secretary of state for filing, the secretary of state shall cause the notice to be marked, maintained, and indexed in accordance with the provisions of section 4-9-519 as if the notice were a financing statement and each owner identified in the notice were a debtor within the meaning of section 4-9-519.

(b) If a notice of amendment is communicated to and accepted by the secretary of state for filing, the secretary of state shall:

  1. Cause the notice of amendment to be marked, maintained, and indexed as if thenotice were an amendment of a financing statement within the meaning of section 4-9-512;

  2. If the notice of amendment terminates a notice of lien, cause the notice of amendment to be marked, maintained, and indexed as if the notice were a termination statement within the meaning of section 4-9-513; or

  3. If the notice of amendment continues a notice of lien, cause the notice of amendmentto be marked, maintained, and indexed as if the notice were a continuation statement as defined in section 4-9-102 (27) and extend the effectiveness of the notice of lien by the appropriate period pursuant to the applicable substantive statute.

  1. If the secretary of state refuses to accept a notice of lien or notice of amendment forfiling, the secretary of state shall communicate to the person that presented the record the fact of and reason for the refusal. The communication shall be made at the time and in the manner prescribed by the rules adopted by the secretary of state pursuant to section 4-9.7-109.

  2. The secretary of state may remove a notice of lien from the records of the secretaryof state one year after the notice expires in accordance with section 4-9.7-104 (c).

  3. The secretary of state shall communicate or otherwise make available in a record thefollowing information to any person that requests the information:

(1) Whether there is on file on a date and time specified by the secretary of state any notice of lien or notice of amendment that:

  1. Designates a particular owner; and

  2. Has not expired under section 4-9.7-104 (c); and

  3. If the request so states, has expired under section 4-9.7-104 (c) and a record of whichis maintained by the secretary of state under subsection (d) of this section;

  1. The date and time of filing of each notice of lien and notice of amendment describedin paragraph (1) of this subsection (e); and

  2. The information provided in each notice of lien and notice of amendment describedin paragraph (1) of this subsection (e).

Source: L. 2008: Entire article added, p. 271, § 8, effective May 29, 2012. L. 2013: (d), (e)(1)(B), and (e)(1)(C) amended, (HB 13-1300), ch. 316, p. 1662, § 6, effective August 7.


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