State Codes and Statutes

Statutes > North-carolina > Chapter_25 > GS_25-9-519

SUBPART2. Duties and Operation of Filing Office.

§ 25‑9‑519. Numbering, maintaining, and indexing records; communicating informationprovided in records.

(a)        Filing officeduties. – For each record filed in a filing office, the filing office shall:

(1)        Assign a uniquenumber to the filed record;

(2)        Create a record thatbears the number assigned to the filed record and the date and time of filing;

(3)        Maintain the filedrecord for public inspection; and

(4)        Index the filedrecord in accordance with subsections (c), (d), and (e) of this section.

(b)        File number. –Except as otherwise provided in subsection (i) of this section, a file numberassigned after January 1, 2003, must include a digit that:

(1)        Is mathematicallyderived from or related to the other digits of the file number; and

(2)        Aids the filingoffice in determining whether a number communicated as the file number includesa single‑digit or transpositional error.

(c)        Indexing: general.– Except as otherwise provided in subsections (d) and (e) of this section, thefiling office shall:

(1)        Index an initialfinancing statement according to the name of the debtor and index all filedrecords relating to the initial financing statement in a manner that associateswith one another an initial financing statement and all filed records relatingto the initial financing statement; and

(2)        Index a record thatprovides a name of a debtor which was not previously provided in the financingstatement to which the record relates also according to the name that was notpreviously provided.

(d)        Indexing: real‑property‑relatedfinancing statement. – If a financing statement is filed as a fixture filing orcovers as‑extracted collateral or timber to be cut, the filing officeshall index it:

(1)        Under the names ofthe debtor and of each owner of record shown on the financing statement as ifthey were the mortgagors under a mortgage of the real property described; and

(2)        To the extent thatthe law of this State provides for indexing of records of mortgages under thename of the mortgagee, under the name of the secured party as if the securedparty were the mortgagee thereunder, or, if indexing is by description, as ifthe financing statement were a record of a mortgage of the real propertydescribed.

(e)        Indexing: real‑property‑relatedassignment. – If a financing statement is filed as a fixture filing or coversas‑extracted collateral or timber to be cut, the filing office shallindex an assignment filed under G.S. 25‑9‑514(a) or an amendmentfiled under G.S. 25‑9‑514(b):

(1)        Under the name ofthe assignor as grantor; and

(2)        To the extent thatthe law of this State provides for indexing a record of the assignment of amortgage under the name of the assignee, under the name of the assignee.

(f)         Retrieval andassociation capability. – The filing office shall maintain a capability:

(1)        To retrieve a recordby the name of the debtor and by the file number assigned to the initialfinancing statement to which the record relates; and

(2)        To associate andretrieve with one another an initial financing statement and each filed recordrelating to the initial financing statement.

(g)        Removal of debtor'sname. – The filing office may not remove a debtor's name from the index untilone year after the effectiveness of a financing statement naming the debtorlapses under G.S. 25‑9‑515 with respect to all secured parties ofrecord.

(h)        Timeliness offiling office performance. – The filing office shall perform the acts requiredby subsections (a) through (e) of this section at the time and in the mannerprescribed by filing‑office rule, but after January 1, 2003, not laterthan three business days after the filing office receives the record inquestion.

(i)         Inapplicability toreal‑property‑related filing office. – Subsection (b) of thissection does not apply to a filing office described in G.S. 25‑9‑501(a)(1).(1866‑7, c. 1, s. 1; 1872‑3, c. 133, s. 1; Code, s. 1799;1893, c. 9; Rev., s. 2052; C.S., s. 2480; 1925, c. 302, s. 1; 1927, c. 22;1935, c. 205; 1945, c. 182, ss. 2, 4; c. 196, s. 2; 1955, c. 386, ss. 1, 2; c.816; 1957, cc. 564, 999; 1961, c. 574; 1965, c. 700, s. 1; 1967, c. 562, s. 1;1969, c. 1115, s. 1; 1971, c. 1170; 1973, c. 1316, s. 1; 1975, c. 862, s. 7;1977, cc. 156, 295; 1983, c. 713, s. 23; 1987, c. 792, s. 6; 1989, c. 523, s.4; 1991, c. 164, s. 1; 1997‑456, s. 55.3; 1997‑475, s. 5.4; 2000‑169,s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_25 > GS_25-9-519

SUBPART2. Duties and Operation of Filing Office.

§ 25‑9‑519. Numbering, maintaining, and indexing records; communicating informationprovided in records.

(a)        Filing officeduties. – For each record filed in a filing office, the filing office shall:

(1)        Assign a uniquenumber to the filed record;

(2)        Create a record thatbears the number assigned to the filed record and the date and time of filing;

(3)        Maintain the filedrecord for public inspection; and

(4)        Index the filedrecord in accordance with subsections (c), (d), and (e) of this section.

(b)        File number. –Except as otherwise provided in subsection (i) of this section, a file numberassigned after January 1, 2003, must include a digit that:

(1)        Is mathematicallyderived from or related to the other digits of the file number; and

(2)        Aids the filingoffice in determining whether a number communicated as the file number includesa single‑digit or transpositional error.

(c)        Indexing: general.– Except as otherwise provided in subsections (d) and (e) of this section, thefiling office shall:

(1)        Index an initialfinancing statement according to the name of the debtor and index all filedrecords relating to the initial financing statement in a manner that associateswith one another an initial financing statement and all filed records relatingto the initial financing statement; and

(2)        Index a record thatprovides a name of a debtor which was not previously provided in the financingstatement to which the record relates also according to the name that was notpreviously provided.

(d)        Indexing: real‑property‑relatedfinancing statement. – If a financing statement is filed as a fixture filing orcovers as‑extracted collateral or timber to be cut, the filing officeshall index it:

(1)        Under the names ofthe debtor and of each owner of record shown on the financing statement as ifthey were the mortgagors under a mortgage of the real property described; and

(2)        To the extent thatthe law of this State provides for indexing of records of mortgages under thename of the mortgagee, under the name of the secured party as if the securedparty were the mortgagee thereunder, or, if indexing is by description, as ifthe financing statement were a record of a mortgage of the real propertydescribed.

(e)        Indexing: real‑property‑relatedassignment. – If a financing statement is filed as a fixture filing or coversas‑extracted collateral or timber to be cut, the filing office shallindex an assignment filed under G.S. 25‑9‑514(a) or an amendmentfiled under G.S. 25‑9‑514(b):

(1)        Under the name ofthe assignor as grantor; and

(2)        To the extent thatthe law of this State provides for indexing a record of the assignment of amortgage under the name of the assignee, under the name of the assignee.

(f)         Retrieval andassociation capability. – The filing office shall maintain a capability:

(1)        To retrieve a recordby the name of the debtor and by the file number assigned to the initialfinancing statement to which the record relates; and

(2)        To associate andretrieve with one another an initial financing statement and each filed recordrelating to the initial financing statement.

(g)        Removal of debtor'sname. – The filing office may not remove a debtor's name from the index untilone year after the effectiveness of a financing statement naming the debtorlapses under G.S. 25‑9‑515 with respect to all secured parties ofrecord.

(h)        Timeliness offiling office performance. – The filing office shall perform the acts requiredby subsections (a) through (e) of this section at the time and in the mannerprescribed by filing‑office rule, but after January 1, 2003, not laterthan three business days after the filing office receives the record inquestion.

(i)         Inapplicability toreal‑property‑related filing office. – Subsection (b) of thissection does not apply to a filing office described in G.S. 25‑9‑501(a)(1).(1866‑7, c. 1, s. 1; 1872‑3, c. 133, s. 1; Code, s. 1799;1893, c. 9; Rev., s. 2052; C.S., s. 2480; 1925, c. 302, s. 1; 1927, c. 22;1935, c. 205; 1945, c. 182, ss. 2, 4; c. 196, s. 2; 1955, c. 386, ss. 1, 2; c.816; 1957, cc. 564, 999; 1961, c. 574; 1965, c. 700, s. 1; 1967, c. 562, s. 1;1969, c. 1115, s. 1; 1971, c. 1170; 1973, c. 1316, s. 1; 1975, c. 862, s. 7;1977, cc. 156, 295; 1983, c. 713, s. 23; 1987, c. 792, s. 6; 1989, c. 523, s.4; 1991, c. 164, s. 1; 1997‑456, s. 55.3; 1997‑475, s. 5.4; 2000‑169,s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_25 > GS_25-9-519

SUBPART2. Duties and Operation of Filing Office.

§ 25‑9‑519. Numbering, maintaining, and indexing records; communicating informationprovided in records.

(a)        Filing officeduties. – For each record filed in a filing office, the filing office shall:

(1)        Assign a uniquenumber to the filed record;

(2)        Create a record thatbears the number assigned to the filed record and the date and time of filing;

(3)        Maintain the filedrecord for public inspection; and

(4)        Index the filedrecord in accordance with subsections (c), (d), and (e) of this section.

(b)        File number. –Except as otherwise provided in subsection (i) of this section, a file numberassigned after January 1, 2003, must include a digit that:

(1)        Is mathematicallyderived from or related to the other digits of the file number; and

(2)        Aids the filingoffice in determining whether a number communicated as the file number includesa single‑digit or transpositional error.

(c)        Indexing: general.– Except as otherwise provided in subsections (d) and (e) of this section, thefiling office shall:

(1)        Index an initialfinancing statement according to the name of the debtor and index all filedrecords relating to the initial financing statement in a manner that associateswith one another an initial financing statement and all filed records relatingto the initial financing statement; and

(2)        Index a record thatprovides a name of a debtor which was not previously provided in the financingstatement to which the record relates also according to the name that was notpreviously provided.

(d)        Indexing: real‑property‑relatedfinancing statement. – If a financing statement is filed as a fixture filing orcovers as‑extracted collateral or timber to be cut, the filing officeshall index it:

(1)        Under the names ofthe debtor and of each owner of record shown on the financing statement as ifthey were the mortgagors under a mortgage of the real property described; and

(2)        To the extent thatthe law of this State provides for indexing of records of mortgages under thename of the mortgagee, under the name of the secured party as if the securedparty were the mortgagee thereunder, or, if indexing is by description, as ifthe financing statement were a record of a mortgage of the real propertydescribed.

(e)        Indexing: real‑property‑relatedassignment. – If a financing statement is filed as a fixture filing or coversas‑extracted collateral or timber to be cut, the filing office shallindex an assignment filed under G.S. 25‑9‑514(a) or an amendmentfiled under G.S. 25‑9‑514(b):

(1)        Under the name ofthe assignor as grantor; and

(2)        To the extent thatthe law of this State provides for indexing a record of the assignment of amortgage under the name of the assignee, under the name of the assignee.

(f)         Retrieval andassociation capability. – The filing office shall maintain a capability:

(1)        To retrieve a recordby the name of the debtor and by the file number assigned to the initialfinancing statement to which the record relates; and

(2)        To associate andretrieve with one another an initial financing statement and each filed recordrelating to the initial financing statement.

(g)        Removal of debtor'sname. – The filing office may not remove a debtor's name from the index untilone year after the effectiveness of a financing statement naming the debtorlapses under G.S. 25‑9‑515 with respect to all secured parties ofrecord.

(h)        Timeliness offiling office performance. – The filing office shall perform the acts requiredby subsections (a) through (e) of this section at the time and in the mannerprescribed by filing‑office rule, but after January 1, 2003, not laterthan three business days after the filing office receives the record inquestion.

(i)         Inapplicability toreal‑property‑related filing office. – Subsection (b) of thissection does not apply to a filing office described in G.S. 25‑9‑501(a)(1).(1866‑7, c. 1, s. 1; 1872‑3, c. 133, s. 1; Code, s. 1799;1893, c. 9; Rev., s. 2052; C.S., s. 2480; 1925, c. 302, s. 1; 1927, c. 22;1935, c. 205; 1945, c. 182, ss. 2, 4; c. 196, s. 2; 1955, c. 386, ss. 1, 2; c.816; 1957, cc. 564, 999; 1961, c. 574; 1965, c. 700, s. 1; 1967, c. 562, s. 1;1969, c. 1115, s. 1; 1971, c. 1170; 1973, c. 1316, s. 1; 1975, c. 862, s. 7;1977, cc. 156, 295; 1983, c. 713, s. 23; 1987, c. 792, s. 6; 1989, c. 523, s.4; 1991, c. 164, s. 1; 1997‑456, s. 55.3; 1997‑475, s. 5.4; 2000‑169,s. 1.)