5:04:04:01.  Definitions. Terms used in this chapter mean:

 

          (1)  "Amendment," a UCC record that amends the information contained in a financing statement. Amendments may include assignments as well as one or more amendments. However, continuations and terminations must be separate statements;

 

          (2)  "Assignment," an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement;

 

          (3)  "Continuation statement," shall have the meaning prescribed by SDCL subdivision 57A-9-102(27);

 

          (4)  "Dakota Fast File 2," (DFF 2) is a computer access program which allows instant access to all UCC and EFS filings in the Secretary of State's office via internet;

 

          (5)  "Effective Financing Statement," (EFS) shall have the meaning prescribed by Section 7 USCA § 1631(c)(4), in effect on July 1, 2001;

 

          (6)  "File number," shall have the meaning prescribed by SDCL subdivision 57A-9-519(a);

 

          (7)  "Filing office" and "filing officer," the Office of Secretary of State and the secretary of state;

 

          (8)  "Filing office correction statement," "a/k/a correction statement," a statement entered into the filing office's information system by the filing office to correct an error by the filing office;

 

          (9)  "Financing statement," shall have the meaning prescribed by SDCL subdivision 57A-9-102(39);

 

          (10)  "Individual," a human being or a decedent in the case of a debtor that is such decedent's estate;

 

          (11)  "Information statement," a UCC record submitted by a secured party or debtor that indicates that a financing statement is inaccurate or wrongfully filed;

 

          (12)  "Initial financing statement," a UCC record containing the information required on an initial financing statement that causes the filing office to establish the initial record of existence of a financing statement;

 

          (13)  "Organization," a legal person who is not an individual;

 

          (14)  "Remitter," a person who tenders a UCC record to the filing office for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. However, does not include a person responsible merely for the delivery of the record to the filing office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process;

 

          (15)  "Secured party of record," shall have the meaning prescribed in SDCL 57A-9-511;

 

          (16)  "Termination statement," shall have the meaning prescribed by SDCL subdivision 57A-9-102(80);

 

          (17)  "UCC," the Uniform Commercial Code as adopted in this state;

 

          (18)  "UCC record," an initial financing statement, an amendment, an assignment, a continuation, a termination, or an information statement and may not be deemed to refer exclusively to paper or paper-based writings.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2.

 

          5:04:04:02.  UCC record delivery. UCC records may be tendered for filing at the filing office. The types of delivery methods are as follows:

 

          (1)  Personal or courier delivery. The file time for a UCC record delivered by this method shall be that business day. However, if the record is delivered after 4:30 p.m. Central Time, the filing time shall be the next day the filing office is open for business even though the UCC record may be subsequently rejected;

 

          (2)  Postal service delivery. The file time for a UCC record delivered by this method shall be that business day. However, if the record is delivered after 4:30 p.m. Central Time, the filing time shall be the next day the filing office is open for business even though the UCC record may be subsequently rejected;

 

          (3)  Expedited service. The file time for a UCC record when expedited service is requested shall be the time of the business day that the expedited service is requested and the expedited fee is paid. However, if the expedited service is requested after 4:30 p.m. Central Time, the filing time shall be at 8:00 a.m. the next day the office is open for business even though the UCC record may be subsequently rejected;

 

          (4)  A UCC record delivered after 4:30 p.m. Central Time or on a day the filing office is not open for business shall have a filing time before close of business on the next day the filing office is open for business;

 

          (5)  Electronic mail and telefacsimile delivery. No UCC record may be accepted via electronic mail or telefacsimile delivery; and

 

          (6)  Electronic filing. UCC records, excluding information statements and filing office statements, may be transmitted electronically using Dakota Fast File 2 (web based filing). The file time for a UCC record delivered by this method is the time that the filing office receives the record.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2.

 

          5:04:04:03.  Search request delivery. A UCC search request may be delivered to the filing office by any of the means by which UCC records may be delivered to the filing office. In addition to the means described in the preceding sentence, a search request may also be made by electronic mail and telefacsimile delivery.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2.

 

          5:04:04:04.  Approved forms. Repealed.

 

          Source: 28 SDR 23, effective July 18, 2001; repealed, 40 SDR 39, effective September 9, 2013.

 

          5:04:04:07.  Underpayment of fees. Upon receipt of a document with an insufficient fee, the record shall be returned to the remitter. Any fee received shall be returned with the record or under separate cover.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2.

 

          5:04:04:08.  Public records. Public records are provided on a nondiscriminatory basis to any member of the public on the terms described in this chapter. The following methods are available for obtaining copies of UCC records and copies of data from the UCC information management system:

 

          (1)  Individually identified records. Any copy of individually identified UCC records is available in the format provided by the filing office returned via telefacsimile, postal courier, courier service, electronic mail, or electronically through direct on-line services;

 

          (2)  Data from the information management system. A list of available data elements from the UCC information management system, and the file layout of the data elements, is available from the filing officer upon request. Data from the information management system is available as follows:

 

              (a)  Full extract. A bulk data extract of information from the UCC information management system is available on a monthly basis; and

 

              (b)  Update extracts. Updates of information from the UCC information management system are available on a weekly basis; and

 

          (3)  Direct on-line services. On-line services make UCC data images available on a subscription basis through the filing office.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2.

 

          5:04:04:13.  Acceptance and refusal of records -- Refusal errors. Repealed.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

 

          5:04:04:14.  UCC information management system -- Primary data elements. The primary data elements used in the UCC information management system are the following:

 

          (1)  Identification number. Each initial financing statement is identified by its file number as described in rule SDCL subdivision 57A-9-519(a). Identification of the initial financing statement is stamped on a written UCC record or otherwise permanently associated with the record maintained for UCC records in the UCC information management system. A record is created in the information management system for each initial financing statement and all information comprising the UCC record is maintained in the system. Each UCC record is identified by the same information assigned to the initial financing statement as described in SDCL subdivision 57A-9-519(c);

 

          (2)  Type of record. The type of UCC record from which data is transferred is identified in the information management system from information supplied by the remitter;

 

          (3)  Filing date and filing time. The filing date and filing time of the UCC record is stored in the information management system;

 

          (4)  Identification of parties. Name and address of each debtor and secured party is transferred from UCC records to the UCC information management system using one or more data entry or transmittal techniques;

 

          (5)  Status of financing statement. In the information management system, each financing statement has a status of active or inactive;

 

          (6)  Page count. The total number of pages in a UCC record is maintained in the information management system; and

 

          (7)  Lapse indicator. An indicator is maintained by which the information management system identifies whether or not a financing statement will lapse and, if it does, when it will lapse.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2.

 

          5:04:04:15.  UCC information management system -- Names of debtors who are individuals. For the purpose of this rule, individual, means a human being, or a decedent in the case of a debtor that is such decedent's estate. This rule applies to the name of a debtor or a secured party on a UCC record who is an individual:

 

          (1)  Individual name fields. The name of an individual is stored in the file that includes only the names of individuals, and not the names of any organizations. Separate data entry fields are established for first (given), middle (given), and last names (surnames or family names) of individuals. A filer shall place the name of a debtor with a single name in the last name field. The filing officer assumes no responsibility for the accurate designation of the components of a name but shall accurately enter the data in accordance with the filer's designations;

 

          (2)  Titles and prefixes before names. No title and prefix may be entered in the UCC information management system;

 

          (3)  Titles and suffixes after names. No title or indication of status may be entered in the UCC information management system. Any suffix that indicates which individual is being named shall be entered in a field designated for name suffixes. As provided in subdivision (1) of this section, the suffix shall be entered into the information management system exactly as received; and

 

          (4)  Truncation - individual names. Personal name fields in the UCC database are fixed in length. Although each filer shall provide full names on the filer's UCC record, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the data entry field. The maximum length of data entry name fields are as follows:

 

              (a)  first name: 128 characters;

              (b)  middle name: 128 characters;

              (c)  last name: 128 characters; and

              (d)  suffix: 50 characters.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2.

 

          5:04:04:16.  UCC information management system -- Names of debtors that are organizations. The name of an organization as a debtor or a secured party on a UCC record shall be completed as follows:

 

          (1)  Single field. The name of each organization is stored in a file that includes only the names of the organization and not the names of any individual. A single field is used to store an organization name; and

 

          (2)  Truncation of organization names. The organization name field in the UCC database is fixed in length. The maximum length is 256 characters. Although filers shall continue to provide a full name on the UCC record, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the data entry field.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2.

 

          5:04:04:18.  UCC information management system -- Trusts. If the trust is named in an organic record, the trust's full legal name as set forth in such record is used. Each trust shall be treated as an organization. If the trust is not so named, the name of the trustee as the trustee of the (here insert identifying language sufficient to identify the trust) is used. The name of the trustee is treated as an organization name. A UCC record that uses a trustee's name shall include other information provided by the filer to distinguish the debtor trust from other trusts having the same trustee and any financing statement filed against a trust or trustee acting with respect to property held in trust shall indicate the nature of the debtor. If this is done in the name of the debtor, the UCC record shall be entered as if it is a part of the name under § 5:04:04:15.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2.

 

          5:04:04:19.  UCC information management system -- Initial financing statement. Upon the filing of an initial financing statement the status of each party shall be made. A secured party may not be one in the same as the debtor of record.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2.

 

          5:04:04:20.  UCC information management system -- Amendment. Repealed.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

 

          5:04:04:21.  UCC information management system -- Assignment of powers of secured party of record. Repealed.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

 

          5:04:04:22.  UCC information management system -- Continuation. Repealed.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

 

          5:04:04:23.  UCC information management system -- Errors of the filing officer. The filing office may correct the errors of filing officer personnel in the UCC information management system at any time. If the correction occurs after the filing officer has issued a certification, the filing officer shall file a filing office correction statement in the UCC information management system identifying the record that has been corrected, the date of the correction, and explaining the nature of the corrective action taken. The record shall be preserved as long as the record of the initial financing statement is preserved in the UCC information management system.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2.

 

          5:04:04:25.  UCC information management system -- Termination. The filing office may not remove a debtor's name from the index until one year after the effectiveness of a financing statement naming the debtor lapses under § 57A-9-515 with respect to all secured parties of record.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2, 57A-9-515, 57A-9-519(g).

 

          5:04:04:26.  UCC information management system -- Procedure upon lapse. If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse date but no action is then taken by the filing office. On the first anniversary of such lapse date, the information management system renders or is caused to render the financing statement inactive. The financing statement is not made available to a searcher unless inactive statements are requested by the searcher and the financing statement is still retrievable by the information management system.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2, 57A-9-515, 57A-9-519.

 

          5:04:04:29.  Search requests and reports -- Rules applied to search requests. Search results are produced by the application of standardized search logic to the name presented to the filing officer. The following apply to searches:

 

          (1)  There is no limit to the number of matches that may be returned in response to the search criteria;

 

          (2)  No distinction is made between upper and lower case letters;

 

          (3)  Punctuation marks and accents are disregarded; and

 

          (4)  Words and abbreviations at the end of a name that indicate the existence or nature of an organization as set forth in the Ending Noise Words. The following words and abbreviations indicate the existence or nature of an entity. These business endings shall be ignored in a UCC search:

 

IACA List of Ending Noise Words

 

Agency	Incorporated	Professional Corporation
Association	Inc	Prof Corp
Assn	Limited	PC
Associates	Ltd	Professional Limited Liability Company
Assc	Ltee	Professional Limited Liability Co
Assoc	Limited Liability Company	PLLC
Attorneys at Law	LC	Railroad
Bank	LLC	RR
National Bank	Limited Liability Partnership	Real Estate Investment Trust
Business Trust	LLP	REIT
Charter	Limited Partnership	Registered Limited Liability Partnership
Chartered	LP	RLLP
Company	Medical Doctors Professional Association	Savings Association
Co	MDPA	SA
Corporation	Medical Doctors Professional Corporation	Service Corporation
Corp	MDPC	SC
Credit Union	National Association	Sole Proprietorship
CU	NA	SP
Federal Savings Bank	Partners	SPA
FSB	Partnership	Trust
General Partnership	Professional Association	Trustee
Gen part	Prof Assn	As Trustee
GP	PA

 

          (5)  The word "the" at the beginning of the search criteria is disregarded;

 

          (6)  All spaces are disregarded;

 

          (7)  For  first and middle names of individuals, initials are treated as the logical equivalent of each name that begins with such initial, and first name and no middle name or initial is equated with all middle names and initials. For example, a search request for "John A. Smith" shall cause the search to retrieve each filing against each individual debtor with "John" or the initial "J" as the first name, "Smith" as the last name, and with the initial "A" or any name beginning with the letter "A" in the middle name field. If the search request were for "John Smith" (first and last names with no designation in the middle name field), the search shall retrieve each filing against each individual debtor with "John" or the initial "J" as the first name, "Smith" as the last name and with any name or initial or no name or initial in the middle name field; and

 

          (8)  After using the preceding rules to modify the name to be searched, the search shall reveal only the name of each debtor that is contained in unlapsed financing statements and exactly match the name requested, as modified.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2.

 

          Reference: IACA List of Ending Noise Words, 2001, International Association of Corporation Administrators.

 

          5:04:04:30.  Search requests and reports -- Optional information. A UCC search request may contain any of the following information:

 

          (1)  The request may ask for copies of UCC records identified on the primary search response; and

 

          (2)  Instructions on the mode of delivery desired, if other than by ordinary mail. The mode of delivery request shall be honored if the requested mode is available to the filing office.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 57A-9-526.

          Law Implemented: SDCL 57A-9-525.2.

 

          5:04:05:01.  Fees for domestic business trusts. Repealed.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

 

          5:04:05:02.  Fees for expedited services. Repealed.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

 

          5:04:05:03.  Fees for foreign business trusts. Repealed.

 

          Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

 

          5:04:06:01.  File export format. Repealed.

 

          Source: 28 SDR 54, effective October, 22, 2001; 30 SDR 189, effective June 9, 2004; repealed, 39 SDR 123, effective January 16, 2013.

 

          5:04:06:02.  File standardization. Repealed.

 

          Source: 28 SDR 54, effective October 22, 2001; 30 SDR 189, effective June 9, 2004; repealed, 39 SDR 123, effective January 16, 2013.

 

          5:04:06:03.  County voter file export. Repealed.

 

          Source: 28 SDR 54, effective October 22, 2001; repealed, 39 SDR 123, effective January 16, 2013.

 

          5:04:06:07.  Charges for information from the statewide voter registration file. The fees for an electronic file with voter registration information are as follows:

 

          (1)  Statewide is $2,500;

          (2)  Statewide for new parties or parties with alternative political status for just their party voters is:

 

               (a)  $15 for 1,000 names or less;

               (b)  $50 for 1,001 to 10,000 names;

               (c)  $100 for 10,001 to 25,000 names; and

               (d)  $250 for more than 25,000 names;

 

          (3)  Legislative district is $100;

          (4)  County or any other district is $15 for 1,000 names or less;

          (5)  County or any other district is $50 for 1,001 to 10,000 names;

          (6)  County or any other district is $100 for 10,001 to 25,000 names; and

          (7)  County or any other district is $250 for more than 25,000 names.

 

          The fee for any updated partial file containing only changes made within a year after the purchase of a complete file is $250 for a statewide file and $25 for a legislative district, any other district, or county file.

 

          The fees for a paper list with voter registration information are as follows:

 

          (1)  Statewide is $5,500;

          (2)  Statewide for new parties or parties with alternative political status for just their party voters is:

 

               (a)  $20 for 1,000 names or less;

               (b)  $75 for 1,001 to 10,000 names;

               (c)  $200 for 10,001 to 25,000 names; and

               (d)  $600 for more than 25,000 names;

 

          (3)  Legislative district is $200;

          (4)  County or any other district is $20 for 1,000 names or less;

          (5)  County or any other district is $75 for 1,001 names to 10,000 names;

          (6)  County or any other district is $200 for 10,001 to 25,000 names; and

          (7)  County or any other district is $600 for more than 25,000 names.

 

          The fee for any updated partial list containing only changes made within a year after the purchase of a complete list is $550 for a statewide list and $60 for a legislative district, any other district, or county list.

 

          Source: 28 SDR 54, effective October 22, 2001; 40 SDR 39, effective September 9, 2013; 45 SDR 44, effective October 8, 2018.

          General Authority: SDCL 12-4-39(5).

          Law Implemented: SDCL 12-4-39(5).

 

          5:04:06:08.  Absentee voter registration list request form. Any person requesting a daily electronic file from the statewide voter registration containing absentee voter registration information for an election must complete a form which contains the following:

 

          (1)  Name and address of the requestor;

          (2)  Election requested;

          (3)  Selection criteria of the request; and

          (4)  Signature of the requestor below the statement, "In accordance with SDCL 12-4-41, I understand that the voter registration data obtained from the statewide voter registration database may not be used or sold for any commercial purpose and may not be placed for unrestricted access on the internet."

 

          Source: 40 SDR 121, effective January 6, 2014.

          General Authority: SDCL 12-4-39(4).

          Law Implemented: SDCL 12-4-39(4), 12-4-41.

 

          5:04:06:09.  Charges for information regarding absentee voting from the statewide voter registration file. The fees for a daily electronic file with absentee voter registration information per election are as follows:

 

          (1)  Statewide is $3,000;

          (2)  Legislative district is $150;

          (3)  County is $65 for 1,000 names or less;

          (4)  County is $100 for 1,001 names to 10,000 names;

          (5)  County is $150 for 10,001 to 25,000 names; and

          (6)  County is $300 for more than 25,000 names.

 

          Source: 40 SDR 121, effective January 6, 2014; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 12-4-39(5).

          Law Implemented: SDCL 12-4-39(5).

 

          5:04:07:02.  Additional lobbyist registration fee. Upon payment of the lobbyist registration fee, pursuant to § 5:04:07:01 the secretary of state shall provide a lobbyist badge. If the badge needs to be replaced, an additional fee for lobbyist registration of $5.00 may be charged for each occurrence.

 

          Source: 38 SDR 117, effective January 12, 2012; 42 SDR 177, effective June 30, 2016.

          General Authority: SDCL 2-12-3.

          Law Implemented: SDCL 2-12-3, 2-12-8.1.