Information From Filing Office and Central Indexing System; Sale or License of Records

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Secured Transactions
  5. Filing
  6. Information From Filing Office and Central Indexing System; Sale or License of Records

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  1. Acknowledgment of filing written record. If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to paragraph (1) of subsection (a) of Code Section 11-9-519 and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:
    1. Note upon the copy the number assigned to the record pursuant to paragraph (1) of subsection (a) of Code Section 11-9-519 and the date and time of the filing of the record; and
    2. Send the copy to the person.
  2. Acknowledgment of filing other record. If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:
    1. The information in the record;
    2. The number assigned to the record pursuant to paragraph (1) of subsection (a) of Code Section 11-9-519; and
    3. The date and time of the filing of the record.
  3. Communication of requested information. Upon payment of a fee therefor established from time to time by the authority, the authority shall communicate or otherwise make available in a record the following information to any person that requests it:
    1. Whether there is on file on a date and time specified by the authority, but not a date earlier than three business days before the authority receives the request, any financing statement that:
      1. Designates a particular debtor (or, if the request so states, designates a particular debtor at the address specified in the request);
      2. Has not lapsed under Code Section 11-9-515 with respect to all secured parties of record; and
      3. If the request so states, has lapsed under Code Section 11-9-515 and a record of which is maintained by the authority under subsection (a) of Code Section 11-9-522;
    2. The date and time of filing of each financing statement; and
    3. The information provided in each financing statement.
  4. Medium for communicating information. In complying with its duty under subsection (c) of this Code section, the authority may communicate information in any medium. However, if requested, the authority shall communicate information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of its authenticity.
  5. Timeliness of performance. The filing office shall perform the acts required by subsections (a) and (b) of this Code section and the authority shall perform the acts required by subsections (c) and (d) of this Code section at the time and in the manner prescribed by filing office rule but not later than two business days after the filing office or the authority, as the case may be, receives the request.
  6. Public availability of records. At least weekly, the authority shall offer to sell or license to the public on a nonexclusive basis, upon payment of the fee therefor established from time to time by the authority, in bulk, copies of all records transmitted to it under this part, in every medium from time to time available to the authority.

(Code 1981, §11-9-523, enacted by Ga. L. 2001, p. 362, § 1.)

Law reviews.

- For article on the 1963 amendment to the Georgia Uniform Commercial Code, see 14 Mercer L. Rev. 378 (1963).

JUDICIAL DECISIONS

Mistake in name of debtor.

- Where a search of the county records did not reveal a financing statement due to a mistake in the name of the debtor shown on the financing statement, the security interest in the funds relating to the financing statement was not perfected, and the money was awarded to a judgment creditor in an interpleader action. Receivables Purchasing Co. v. R & R Directional Drilling, L.L.C., 263 Ga. App. 649, 588 S.E.2d 831 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 68A Am. Jur. 2d, Secured Transactions, §§ 412, 421-423.

C.J.S.

- 26A C.J.S., Deeds, § 19 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 9-523.


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