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Home > Business > Uniform Commercial Code
UCC Fee Schedule

A UCC lien is a financial document stating that a lender (secured party) has a claim in certain property belonging to someone else (debtor). By filing a UCC lien, a secured party establishes his or her priority for payment over subsequent secured parties if the debtor defaults on the loan.  The lien document filed with the Montana Secretary of State's Office provides a notice to interested parties of the existence of a security interest against specific collateral.

Debtor Name

It is important to reflect the debtor’s name correctly when completing a Financing Statement or an amendment to a Financing Statement.  The Secretary of State's office will reject your document if it does not correctly identify the debtor’s name in accordance with 30-9A-516, MCA.  Listed below are some helpful tips to consider when reflecting a debtor name on a UCC lien or amendment.

  • If the debtor is an individual, indicate the name noted on their current driver’s license or state identification card.
  • If the individual has only one financing name, such as "Cher," list the name in the space provided for the (surname) last name.
  • Trade names adopted by individuals and organizations are not correct debtor names.
  • Never combine multiple debtor names on one form (for example, Smith, Jack and Jill, or Jack Smith DBA/Jack's U Serve).
  • Identify suffixes to distinguish filings by lineage (for example, Jr. or Sr.)
  • If the debtor is an organization, check the charter documents in the organization's state of jurisdiction. For organizations registered in Montana you may verify their name through this link Business Entity Search.
  • Double-check the spelling of the debtor name.
  • Identify the debtor as an individual or an organization by completing the correct fields on the form.               

Filing Location

The filing location of a UCC lien is determined as follows: 

  • If the debtor is a "registered" organization, the UCC is filed in the state of organization/registration.
  • If the debtor is an individual, the UCC is filed in the state of legal residence.

Filing Time

Administrative Rule: 44.6.202 EFFECTIVE DATE AND TIME

(1) Any filing delivered by the postal service has an effective time as of 8:00 a.m. on the delivery date. Filings received after 4:00 p.m. have the next business day's effective date.

(2) Any filing received by fax, walk-in, or express delivery service will have the same date and time as received.

Debtor and Secured Party Signatures

UCC Lien: The secured party of record authorized the filing. 

EFS Lien: The debtor must sign, authorize or authenticate the filing and the document must be filed by the secured party under the Federal Act.  If authorization or authentication occurs the debtor is not required to sign the EFS notice filed with the Secretary of State’s office. An EFS filed electronically through the Secretary of State’s online filing site does not require the debtor’s signature.

Title 71 Lien:  The secured party must sign the lien.

Amendments

When filing an amendment with the Secretary of State’s office you must provide the original filing number along with the name of the debtor and secured party.  Reflecting this information will assist the filing office with identifying the correct lien notice is being amended.

UCC Bulk

UCC Bulk download allows registered users to download monthly, data and images of lien documents and their associated amendments recorded with the Montana Secretary of State’s office.

UCC Search

The online UCC Search allows users to search debtor names, view filing chains, and download debtor search certificates and images of lien documents.  There are two options available through the online service.  Option 1:  The “Subscription” service, allows users for a flat monthly fee to download unlimited debtor search certificates.   There is an additional fee for downloading images of lien documents.  Option 2:  The “Non-Subscription” service, allows users to download debtor search certificates at a cost per certificate plus an additional cost when downloading images.  Information regarding the Secretary of State’s search logic is available online or through the following Administrative Rule: 44.6.201.  Click this link UCC Search to access the service.   

LIENS

Liens currently filed with the Secretary of State's Office are: 

  • UCC liens (against goods used or bought for commercial purposes)
  • Agricultural liens (against goods used or bought for farming or ranching purposes)
  • Effective Financing Statement liens (against crops, livestock, and unmanufactured products)
  • Transmitting utility liens (related to transmitting electric or electronic communications; operating a railroad, subway, street railway or trolley bus; transmitting goods by pipeline or sewer; and transmitting or producing electricity, steam, gas, or water)
  • Notice of federal tax liens (when taxes are assessed against a taxpayer on all his/her property and rights to property)
  • Notice of child support liens (against all property)
  • Title 71 liens (against crops for services performed in relation to that crop, such as spraying or dusting)
  • Consumer goods liens (against goods used or bought for personal, family, or household purposes)
  • Public finance transaction liens (against transactions in which long-term debt securities are issued to and/or for the benefit of the state or a governmental unit of the state)
  • Manufactured home transaction liens (create purchase-money security interests in manufactured homes

UCC FORMS NOTICE EFFECTIVE JULY 1, 2013

The Montana Secretary of State’s Uniform Commercial Code Unit has adopted new UCC forms in response to the passage of HB 212.  The new financing statement forms will be effective July 1, 2013.  A thirty (30) day grace period will be provided beginning July 1, 2013 and ending July 31, 2013, whereby the filing of previously prescribed UCC forms will be accepted by this filing office. 

Effective August 1, 2013, old versions of the forms will be rejected. 

The prescribed forms will be available on the UCC Forms page July 1, 2013 in a fillable electronic format.

This notice applies to only Article 9 records filed as: 

  • UCC Liens;
  • Manufactured-Home Transaction Liens;
  • Public-Finance Transaction Liens; and
  • Transmitting Utility Liens. 

This notice does not impact records filed as: 

  • Notice of Federal Tax Lien;
  • Notice of Child Support Liens;
  • Title 71 Liens; or
  • Effective Financing Statement Liens.

 

Panoramas by Craig Hergert