Definitions

For the purposes of 950 CMR 140.00 et seq., the following words and abbreviations shall, unless the context otherwise indicates, have the following meanings: Active Record means a UCC record that has been stored in the UCC information management system and indexed in, but not yet removed from, the searchable index. Address means either: (a) street address, route number (may include box) or P.O. box number plus the city, state and zip code; or (b) an address that purports to be a mailing address outside the United States. Amendment means a UCC record that purports to amend the information contained in a financing statement. Amendments include assignments, continuations and terminations. Assignment is an amendment that purports to reflect an assignment of all or a part of a secured party’s power to authorize an amendment to a financing statement. Continuation means an amendment that purports to continue the effectiveness of a financing statement. Electronic Transmission means any method accepted by the Secretary of the Commonwealth for the transmission by electronic format of financing statements, request for information or associated information. File Number means the unique identifying information assigned to a UCC record by the filing officer for the purpose of identifying the record in the filing officer’s information management system. For a filing made prior to February 19, 2001, the file number is an eight-digit number. The first two digits indicate the year the record was filed. For filings made on or after February 19, 2001, the file number is a 12-digit number. The file number includes three segments: the year of the filing expressed as a four-digit number, followed by a unique six-digit number and ending with a two-digit verification number assigned algorithmically (the “check digit”). 140.02: continued Filer means a person providing information in a Uniform Commercial Code record or information request, or a service provider who acts as a filer’s representative in the filing process, but does not include a person responsible merely for the delivery of the document to the filing office, such as the postal service or a courier service. Filing Office and Filing Officer mean the Office of the Secretary of the Commonwealth. Filing Officer Statement means a statement entered into the filing office's UCC information management system to correct an error made by the filing officer. Financing Statement means a record or records composed of an initial financing statement and any filed records relating to the initial financing statement. Individual means a human being, or a decedent in the case of a debtor that is such decedent’s estate. Information Statement means a UCC record that indicates that a financing statement is inaccurate or wrongfully filed. Initial Financing Statement means a financing statement containing the information required by M.G.L. c. 106, § 9-502, which, when filed, creates the initial record in the Uniform Commercial Code information management system. A UCC record that does not identify itself as an amendment or identify an initial financing statement to which it relates, as required by M.G.L. c. 106, § 9-512, 9-514 or 9-518 is an initial financing statement. Lapse Date means the same date of the same month in the fifth year after filing or in the relevant subsequent fifth anniversary if a timely continuation statement has been filed. If the initial financing statement indicates that it is filed with respect to public finance or manufactured home transaction, the lapse date is the same day of the month in the 30 th year after filing. In the case st of a leap year, the relevant anniversary date for a February 29th filing date shall be March 1 in the fifth or 30th year following the date of filing. The last day on which a continuation may be filed is the date upon which the financing statement lapses. A lapse date is calculated for each initial financing statement unless the debtor is indicated to be a transmitting utility. Legible means a communication which may be understood. It is not limited to refer only to written expressions on paper: it requires a machine-readable transmission for electronic transmissions and an otherwise readily decipherable transmission in other cases. Online Access means access to the Uniform Commercial Code information management system and those programs associated with the viewing, searching, and remote filing functions of the Uniform Commercial Code information management system by a remote data connection. Organization means a legal person who is not an individual as defined in 950 CMR 140.02. Secured Party of Record means, with respect to a financing statement, a person whose name is provided as the name of a secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under M.G.L. c. 106, § 9-514(a), the assignee named in the initial financing statement is the secured party of record with respect to the financing statement. If an amendment of a financing statement which provides the name of a person as a secured party or a representative of a secured party is filed under M.G.L. c. 106, § 9-514(b), the assignee named in the amendment is a secured party of record. A secured party of record includes a person who has been a secured party of record where an amendment has been filed purporting to delete them as a secured party of record. 140.02: continued Termination means an amendment intended to indicate either that it is a termination statement or that the related financing statement is no longer effective with respect to the secured party authorizing the termination. Through Date means the latest date and time for which all records have been entered into the Uniform Commercial Code information management system. UCC means the Uniform Commercial Code as enacted in Massachusetts and in effect from time to time. UCC Information Management System means the integrated data and imaging system maintained by the Office of the Secretary of the Commonwealth. XML means Extensible Markup Language. XML Record means a UCC record transmitted from a filer to the filing officer as provided in 950 CMR 140.44.