§ 28:6-109. What constitutes filing; duties of filing officer; information from filing officer.

Current through October 23, 2012

(a) Presentation of a notice or list of claimants for filing and tender of the filing fee or acceptance of the notice or list by the filing officer constitutes filing under this article.

(b) The filing officer shall:

(1) Mark each notice or list with a file number and with the date and hour of filing;

(2) Hold the notice or list or a copy for public inspection;

(3) Index the notice or list according to each name given for the seller and for the buyer; and

(4) Note in the index the file number and the addresses of the seller and buyer given in the notice or list.

(c) If the person filing a notice or list furnishes the filing officer with a copy, the filing officer upon request shall note upon the copy the file number and date and hour of the filing of the original and send or deliver the copy to the person.

(d) The fee for filing and indexing and for stamping a copy furnished by the person filing to show the date and place of filing, and the fee for indexing each name more than 2 shall be established by the Mayor by rulemaking adopted pursuant to the District of Columbia Administrative Procedure Act (D.C. Official Code § 2-501 et seq.).

(e) Upon request of any person, the filing officer shall issue a certificate showing whether any notice or list with respect to a particular seller or buyer is on file on the date and hour stated in the certificate. If a notice or list is on file, the certificate must give the date and hour of filing of each notice or list and the name and address of each seller, buyer, auctioneer, or liquidator. Upon request of any person, and payment of the required fee, the filing officer shall furnish a copy of any filed notice or list. The fee for a certificate in the standard form prescribed by the Mayor, the fee for a certificate not in the standard form, and the fee for a copy of a filed notice or list shall be established by the Mayor by rulemaking adopted pursuant to the District of Columbia Administrative Procedure Act (D.C. Official Code § 2- 501 et seq.).

(f) The filing officer shall keep each notice or list for 2 years after it is filed.

                
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(Dec. 30, 1963, 77 Stat. 716, Pub. L. 88-243, § 1; renumbered and amended, Apr. 9, 1997, D.C. Law 11-239, § 2, 44 DCR 936.)

HISTORICAL AND STATUTORY NOTES

UNIFORM COMMERCIAL CODE COMMENT

Prior Uniform Statutory Provision

None

Purposes of New Matter

This Article contemplates public filing of bulk sale notices and lists of claimants in a single filing office in each state. This section, which derives substantially from Sections 9-403 and 9-407, governs filing. The filing system is designed to enable one seeking information about a sale to discover any filed notices or lists by searching under either the seller's or the buyer's (but not the auctioneer's or liquidator's) individual, partnership, or corporate name.

Cross-References

Sections 6-103, 6-105, 9-403, and 9-407.

Definitional Cross-References

"Auctioneer". Section 6-102.

"Buyer". Section 2-103.

"Liquidator". Section 6-102.

"Person". Section 1-201.

"Seller". Section 2-103.

"Send". Section 1-201.

Prior Codifications

1981 Ed., § 28:6-109.

1973 Ed., § 28:6-109.

Legislative History of Laws

For legislative history of D.C. Law 11-239, see Historical and Statutory Notes following § 28:6-101.