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Hurricane Recovery Information

The information below pertains to services and activities in the UCC Section at the Commercial Division. Visit the Hurricane Katrina Recovery Information page for agency-wide response information.

If you encounter any problems or have any questions concerning this interim period please feel free to contact our office at (800) 256-3758, (225) 925-4701 or (800) 256-3758.


 

Welcome to the Uniform Commercial Code Section

 

Frequently Asked Questions - Revised Article 9, Effective July 1, 2001

Original Financing Statement

Where do I file an UCC-1 original financing statement in your state?

In Louisiana you may file an Original Financing Statement (UCC-1) with any of our 64 Parish Clerks of Court. The Secretary of State's Office manages and maintains a statewide database and all 64 filing officers have access to this system. Regardless where you choose to file your UCC-1 it is transmitted as a statewide effective filing.

How should I provide debtor information?

Be very careful when providing debtor information since the way it is provided by the filer is exactly how it will be indexed into the UCC statewide database and will affect search results. If you wish to index more than one debtor name be sure to provide the information as two separate debtors.

What information is required to make my UCC-1 legally sufficient?

Louisiana R.S. 10:9-502 provides the following:
a) Sufficiency of financing statement:

  • provide the name of the debtor
  • provides the name of the secured party or a representative of the secured party
  • indicates the collateral covered by the financing statement

b) Real-property-related financing statement:

  • satisfy subsection (a)
  • indicate that it covers this type of collateral
  • provide a description of the real property to which the collateral is related sufficient to cause the mortgage to be effective against third persons if the description were contained in a mortgage of real property files for registry
  • if the debtor does not have an interest of record in the real property, provide the name of a record owner against third persons if the description were contained in a mortgage of real property files for registry
What are reasons for rejection for a UCC-1?

Louisiana R.A. 10:9-516 provides many reasons for rejection of a UCC-1 financing statement; however, the 64 filing officers will consistently reject for:

  • the record is not communicated by a method or medium of communication authorized by the filing office
  • an amount equal to or greater than the applicable filing fee is not tendered
  • the record does not provide a name for the debtor
  • the record does not provide a last name for the debtor
  • the record does not provide a name for the secured party
  • in the case of an assignment reflect in an initial financing statement, the record does not provide a name for the assignee
What are the fees for filing a UCC-1?

The filing fee for filing a UCC-1 is $30.00. This is for one debtor and includes a $5 termination fee which is paid at the time the original financing statement is filed. Additional fees include: $10 for each additional debtor listed; and a $15 nonstandard fee if you file on any form other than the Louisiana approved form and the National Approved UCC Form. Please see our Fee Schedule for possible additional charges.

Can I use another state's form when filing?

The filing officers will accept filings on forms other than the Louisiana Approved Forms (UCC-1 and/or UCC-3) or the National Approved Forms however an additional $15 nonstandard fee will be assessed. If you are interested in purchasing Louisiana approved forms you may contact any of the form vendors listed on this web site.

I received a Confirmation of Filing. What is it and what should I do with it?

This confirmation of filing which is generated by the Secretary of State's Office allows the secured party to see the information that was actually entered by the 64 parish filing officers into the statewide database. You should carefully check the information for accuracy and contact the parish where you presented your filing if there is a discrepancy.

UCC-3 Subsequent Filings (Amendments, Continuations, Assignments, Terminations)

Where do I file a subsequent filing in your state?

Louisiana law provides that a UCC-3 subsequent filing shall be filed in the parish where the original financing statement to which it relates was filed. The parish of filing can be determined by the two digits preceding the file number. The parish code is a numeric identifier.

What are the filing fees for a UCC-3?

The basic filing fee for a UCC-3 is $25, with the exception of a termination filing which is $5 and prepaid at the time the original is filed. Please see our Fee Schedule for possible, additional charges.

What are the reasons for rejection of a UCC-3?
  • does not identify the initial financing statement to which it relates
  • identifies an initial financing statement for which effectiveness has lapsed
  • in the case of a continuation, failure to file within the six-month window prior to lapse
  • in the case of an assignment, failure to provide a name for the assignee
  • in the case of an amendment which adds an individual debtor, failure to provide the last name for the debtor
  • in the case of an amendment adding a new secured party, failure to provide a name for the secured party
  • not presented for filing in the parish where the original financing statement was filed
How do I file a release?

Revised Article 9 provides for the filing of an amendment of collateral. If you are using the National Standard Financing Statement Form or the newly revised Louisiana Approved Form, you would check Box 8. Amendment (Collateral Change) and complete the description of the collateral.

How do I conduct a lien search in your state?

You must contact any of the 64 Parish Clerks of Court. They have access into the statewide UCC database and will reflect statewide lien information for the debtor. The Secretary of State's Office does not provide searches.

What can I expect from my search?

Louisiana has adopted the standard search logic as recommended by the International Association of Corporate Administrators (IACA). Search requests on organizational debtor names will reveal liens for an exact debtor name match only. Search requests for individual debtors will reveal liens for:

  1. an exact debtor name match
  2. in the case of initials in either the first name and/or middle name fields, a match with any debtor name that begins with that initial or where no name is given in that field

When Louisiana first adopted the Uniform Commercial Code in 1990, the law required that a taxpayer identification number be included for the debtor. Revised Article 9 with an implementation date of July 1, 2001 does not provide for the taxpayer identification number; however, when searching the UCC database, particularly on individual debtors, it may be helpful to use the taxpayer identification number as an additional identifier for your debtor (please remember that only those filings filed prior to 7/1/01 will be reflected). If you choose to search using the taxpayer identification with the debtor name your results will be as follows:

  1. that exact debtor name where no taxpayer identification number was provided on the original filing;
  2. that exact taxpayer identification number regardless of debtor name; and
  3. exact debtor name and taxpayer identification number.
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Louisiana Approved Forms UCC-1F, UCC-3F, UCC-1 Financing Statement and UCC-3 Amendment Forms

The following Adobe PDF forms are approved for use in Louisiana and are available for download.
UCC-1 and UCC-3 are fill-in forms that can be printed. Use your tab key to advance the fill-in boxes.

NOTE: The following forms are to be used strictly for filing pursuant to the USDA Food Security Act - Central Registry Program. These are dual purpose forms. Completing these forms in their entirety will both perfect your security interest and protect the filing from buyers of farm products.

PLEASE NOTE: The UCC-1F and UCC-3F forms have been revised to reflect the changes pursuant to Act 1232 of the 2003 Legislative Session and Act 63 of the 2004 Legislative Session.

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Direct Access Service

Direct computer access enables the user to search the UCC records by company or individual name, or by tax identification number.

The user will be required to provide a personal computer, personal computer communications software capable of supporting VT-100 emulation, and a modem with a minimum of 14,400 bps speed. The user is responsible for all personal computer hardware and software installation and configuration. Users are required to pay all telephone company toll charges to Baton Rouge.

The annual fee for dial-up direct access is $400 per user password for UCC information. This fee allows the user unlimited usage for the contracted time.

For more information on direct access visit our Direct Access Page at or call (225) 925-4701, write to Louisiana Secretary of State / Direct Access Service Information / P. O. Box 94125, Baton Rouge, La. 70804 / Attn: UCC Division, or e-mail UCC@sos.louisiana.gov.

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Contact Us

Need more information or have questions?

Mailing Address:

Louisiana Secretary of State
Uniform Commercial Code Section
P. O. Box 94125
Baton Rouge, LA 70804-9125

Telephone: (800) 256-3758,   (225) 925-4701 or   (225) 922-1193   Facsimile:  (225) 922-0452

Email: UCC@sos.louisiana.gov

Building Address:

8549 United Plaza Blvd. Baton Rouge, LA 70809

We are located in the Secretary of State's Office at the Broadwing Building behind the State Archives on Essen Lane. Click HERE for a MAP.




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