Uniform Commercial Code Information

Uniform Commercial Code Information

Debtor Name
Filing Location
Filing Time
Debtor and Secured Party Signatures
Amendments
UCC Bulk
UCC Forms
UCC Search
Redaction of Tax ID Number
Search Criteria
Lien Definitions

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. A lien filed with the Secretary of State provides notice to interested parties of the existence of a security interest against specific collateral.

Debtor Name

It is important to reflect the true and correct name of the debtor when filing a lien notice with the Secretary of State. Your lien notice will be rejected if the debtor name does not conform to 30-9A-516, MCA. Listed below are helpful tips to consider when reflecting a debtor name.

  • 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

  • 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 must authorize the filing.
  • EFS (Effective Financing Statement) 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, MCA, Lien: The secured party of record must sign.

Amendments

When filing an amendment with the Secretary of State’s office you must provide the original (initial) filing number and identify the type of amendment you are filing by checking the appropriate box and reflecting any additional information required on the form. Only one amendment type per form is permitted. The Secretary of State’s office no longer requires that a current debtor and secured party name appear on each amendment form to assist with identifying the filing. It is the responsibility of the filer to ensure they have correctly displayed the original (initial) filing number on each amendment.

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 and in the following Administrative Rule: 44.6.201. UCC Search »

Redaction of Tax ID Number

To protect personal information, the Secretary of State’s office will redact the Tax Identification Number on all lien images available to the public. A non-redacted version of the image will be retained in our files.

LIENS

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

  • UCC Lien, a lien against goods used or bought for commercial purposes.
  • Agricultural Lien, a lien against goods used or bought for farming or ranching purposes.
  • Effective Financing Statement Lien, a lien against specific crops, livestock, and unmanufactured products.  These liens appear on the Farm Bill Master List distributed to registered buyers.
  • Transmitting Utility Lien, a lien 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 Lien, a lien created and filed by the IRS when taxes are assessed against a taxpayer on all his/her property and rights to property.
  • Notice of Child Support Lien, a lien created and filed by DPHHS Child Support Division against real or personal property that is due and/or owed in connection with child support.
  • Title 71, MCA, Lien, a lien against crops for services performed in relation to that crop, such as spraying or dusting.
  • Consumer Goods Lien, a lien against goods used or bought for personal, family, or household purposes.
  • Public Finance Transaction Lien, a lien against transactions in which long-term debt securities are issued to and/or for the benefit of a state or governmental unit of the state.
  • Manufactured Home Transaction Lien, a lien that creates purchase-money security interests in manufactured homes.