Advanced Search

Rule §95.100 Definitions

Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Terms used in these filing-office rules but not defined in
this section that are defined in the UCC shall have the respective
meanings accorded such terms in the UCC.
  (1) Active Record. "Active Record" means a UCC record
that has been stored in the UCC information management system and
indexed in, but not yet removed from, the Searchable Indexes.
  (2) Address. "Address" means information provided as
an address on a UCC record as long as it includes at least a city
and a state or foreign country.
  (3) Amendment statement. "Amendment" means a UCC record
that amends the information contained in a financing statement. Amendments
include assignments, continuations and terminations.
  (4) Assignment statement. "Assignment" is an amendment
that assigns all or a part of a secured party's power to authorize
an amendment to a financing statement.
  (5) Information statement. "Information statement"
means a UCC record that indicates that a financing statement is inaccurate
or wrongfully filed.
  (6) Filing office/officer. "Filing office" and "filing
officer" mean Texas Secretary of State.
  (7) Filing officer statement. "Filing officer statement"
means a statement entered into the filing office's UCC information
management system to correct an error made by the filing office.
  (8) Initial financing statement. "Initial financing
statement" means a UCC record that causes the filing office to establish
the initial record of filing of a financing statement.
  (9) Remitter. "Remitter" means a person who tenders
a UCC record to the filing officer for filing, whether the person
is a filer or an agent of a filer responsible for tendering the record
for filing. "Remitter" 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.
  (10) Searchable indexes. "Searchable indexes" means
the searchable index of individual debtor names and the searchable
index of organization debtor names maintained in the UCC information
management system.
  (11) Secured party of record. "Secured party of record"
includes a secured party of record as defined in the UCC as well as
a person who has been a secured party of record with respect to whom
an amendment has been filed purporting to delete them as a secured
party of record. The term includes the assignor listed on an amendment
that purports to be an assignment.
  (12) UCC. "UCC" means the Uniform Commercial Code as
adopted in this state.
  (13) UCC information management system. "UCC information
management system" means the information management system used by
the filing office to store, index, and retrieve information relating
to financing statements as described under Subchapter C of this chapter
(relating to UCC Information Management System).
  (14) UCC record. "UCC record" means an Initial financing
statement, an amendment, an assignment, a continuation statement,
a termination statement, a filing officer statement or an information
statement, and includes a record thereof maintained by the filing
office. The term shall not be deemed to refer exclusively to paper
or paper-based writings.
  (15) Unlapsed record. "Unlapsed record" means a UCC
record that has been stored and indexed in the UCC information management
system, which has not yet lapsed under §9.515, Texas Business
and Commerce Code, with respect to all secured parties of record.