Filing Officer’s Duties are Ministerial

PURPOSE: This rule clarifies the duties of the filing officer. (1) The duties and responsibilities of the filing officer with respect to the administration of the Uniform Commercial Code (UCC) are ministerial. By accepting for filing, or refusing to file, a UCC record pursuant to these rules, the filing officer does not: (A) Determine the legal sufficiency or insufficiency of a record; (B) Determine that a security interest in collateral exists or does not exist; (C) Determine that information in the record is correct or incorrect, in whole or in part; (D) Create a presumption that information in the record is correct or incorrect, in whole or in part. (2) Every filing will be imaged and available for public view and inspection on the secretary of state website. AUTHORITY: section 400.9-526, RSMo Supp. 2001.* Original rule filed Sept. 30, 2002, effective March 30, 2003. *Original authority: 400.9-526, RSMo 2001.