REVISED ARTICLE 9 (RA9)
FREQUENTLY ASKED QUESTIONS:
1) Q: Do I have to enter the debtor's social security number on the UCC Financing Statement as requested on the new national form?
A: The RA9 9 national form, box # 1d, asks for a Tax ID#, Social Security Number, or Employer Identification Number. This is an optional field and is not required in New Mexico. Information entered into this box on paper filings will not be data entered by the UCC staff into the UCC database and so will not be published in database search results over the Internet. The filer should bear in mind, however, that images of original UCC documents are now available to the public over the Internet. All information on the UCC forms, including Social Security Numbers, will be available for public viewing. Also, when electronic filings are instituted in New Mexico, any Social Security Numbers received electronically will be published in database search results.
2) Q: What is the "Certification Date" at the top of RA9 Debtor Search Results?
A: The Certification Date is the date through which the UCC staff has data entered UCC filings and verified their data entry. For example, a UCC filing might have a file date of 08/01/2001 and the Certification Date might be 07/30/2001. A search of the online database on 08/02/2001 might not bring up the filing at all. This would be OK because we only certify we have data entered filings with file dates through 07/30/2001. On the other hand, a search of the on-line database on 08/02/2001 might bring up the filing but the Secretary of State's Office does not certify that it is correct. After the staff has double checked their data entry for 08/01/2001 filings, they will change the Certification Date to 08/01/2001.
If an error is found in a UCC RA9 filing after the filing has been certified, the filing will be changed and a "Filing Officer Statement" will be attached. The Filing Officer Statement, that will appear on the History Page for the filing, will document the date when the filing was changed and why.
3) Q: When I search the new RA9 database I am not finding all the filings I should find. Why?
A: You will need to search BOTH the new RA9 database and the history or legacy database until January 1, 2007. Filings in the history database will lapse over the next 5 1/2 years. If a filing in the history database is amended it will be converted to the RA9 database before being amended. So the history database will not change. After 5 1/2 years, all filings in the history database will have lapsed or will have been amended and thus moved to the RA9 database.
4) Q: I want to search on "John Smith III" there is no place to put the "III" in the RA9 search.
A: Just enter "John Smith". The search will bring up all the "John Smith's", regardless of suffix.