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336A.04 Filing effective financing statement or lien notice.

Subdivision 1. Filing location. An effective financing statement or lien notice must be filed in the office of the secretary of state or the county recorder in the county of the debtor's residence if the debtor is an individual or organization with residence in this state. If the debtor is not a resident of this state, the effective financing statement or lien notice must be filed in the office of the secretary of state.

Subd. 2. Effective filing. Presentation of an effective financing statement or lien notice with the appropriate filing fee to a filing officer or acceptance of the statement by a filing officer constitutes filing under this chapter.

Subd. 3. Fees. (a) The fee for filing and indexing a standard form for a lien notice, effective financing statement, or continuation statement, and stamping the date and place of filing on a copy of the filed document furnished by the filing party is $15 for up to two debtor names and $15 for each additional name thereafter.

(b) A fee may not be charged for filing a termination statement if the termination is filed within 30 days after satisfaction of the lien or security interest. Otherwise, the fee is $10.

(c) A county recorder shall forward $5 of each filing fee collected under this subdivision to the secretary of state. Surcharge amounts shall be collected quarterly by the secretary of state from each county recorder. The secretary of state shall send each county recorder an invoice at the end of each fiscal quarter and each county recorder shall forward payment to the secretary of state within 30 days of the date of the invoice. The surcharge amounts received from county recorders and the surcharge amounts collected by the secretary of state's office must be deposited in the state treasury and credited to the general fund. The balance of the filing fees collected by a county recorder must be deposited in the general fund of the county.

Subd. 4. Filing procedure. (a) The filing officer shall mark the effective financing statement or lien notice with a consecutive file number and the date and hour of filing.

(b) The filing office shall maintain the original filed document or a copy of the filed document in a format that meets archival standards for public inspection as provided in rule by the secretary of state.

(c) The filing office shall index filed documents according to the file number of the document.

Subd. 5. Entering filing information into computerized filing system. Each filing office shall enter the information from the filed documents into the computerized filing system as prescribed by the secretary of state.

The secretary of state shall record lien notices in the computerized filing system in a manner that separately identifies all farm products statutory liens, and shall ensure that the computerized filing and notification system distinguishes security interests covered by effective financing statements from liens covered by lien notices to the extent required by United States Code, title 7, section 1631, et seq., and regulations adopted under those sections.

Subd. 6. Verification of information. A person who has filed an effective financing statement or lien notice may verify the accuracy of the information entered into the computerized filing system and compiled into the master list by making an inquiry under section 336A.09. The secretary of state shall establish a procedure for requesting an inquiry to verify the accuracy of the information at the time of filing.

HIST: 1992 c 525 s 5; 1993 c 369 s 124; 1994 c 438 s 14; 1997 c 137 s 17

Official Publication of the State of Minnesota
Revisor of Statutes