1 MAC Pt. 4, R. 5.3

without the debtor’s signature;

Year: 2026Length: 2,819 wordsOfficial source

Cite as 1 Miss. Admin. Code Pt. 4, R. 5.3

without the debtor’s signature; h. Further details of the Farm Product subject to the security interest if needed to distinguish it from other such product owned by the same person but not subject to the particular security interest. 2. Place of Filing EFS a. The place of filing an EFS or notice of such financing statement is with the Mississippi Secretary of State, Division of Business Services. b. Presentation for filing of an effective financing statement (UCC-1F) and tender of the filing fee and acceptance of the statement by the system operator constitutes filing. The system operator shall mark each EFS with a file number and with the date and hour of filing. In addition the system operator shall index the statements in a manner which will comply with the farm products master list requirements. c. A UCC-3F or UCC-1F may be submitted for all Farm Products currently on file. The UCC-3F amendment or UCC-1F should provide all information (i.e. collateral codes, federal ID numbers, etc.) needed for preparation of the master list of Farm Products. 3. Amendment or Continuation of EFS a. The “material change” required by the Food Security Act to be reflected in an amendment (UCC-3F) to an EFS and master list entry, is whatever change that would render the master list entry no longer informative as to what is subject to the security interest in question. This will vary from case to case. The basis for this is the purpose for which the information is supplied, that is, to make information available, to a buyer, commission merchant, or selling agent who proposes to enter into a transaction in a product, whether it is subject to a security interest. The requirement to amend arises when the information already made available no longer serves the purpose and other information is needed in order to do so. b. The amendment must be submitted in writing (UCC-3F) within three months of such material change signed by both the person who subjects the farm product to the security interest and the secured party, and filed with the Secretary of State. c. A continuation of an EFS is subject to the same requirement as an amendment. An effective financing statement remains effective for a period of five (5) years from the date of filing, subject to extensions for additional periods of five (5) years each by refilling or filing a continuation statement within six (6) months before the expiration of the initial five (5) year period. d. An EFS lapses on either the expiration or the filing of a notice signed by the secured party that the statement had lapsed, whichever occurs first. e. An EFS may be terminated at any time during the effective period by the secured party submitting a termination statement UCC-3F). 4. Effect of EFS Outside State in Which Filed a. A question arises whether, if an EFS is filed in one State, a notice of it should be filed in another State. Where the farm products covered by an EFS are located in a state other than the state where the debtor is “located” as defined under the UCC, filers may need to file in both states to ensure that the creditor is adequately protected under both the UCC and Food Security Act. It is may be advisable to seek legal advice in such situations. b. The Food Security Act provides only for filing an EFS, covering a given product, in the system for the state in which it is produced. Upon such filing in the system, buyers, commission merchants and selling agents not registered with the system are subject to the security interest in that product whether or not they know about it, even if they are outside that state. Persons registered with the system are subject if they received written notice of an EFS even if they are outside that state. All of these provisions apply only where an EFS is filed in the system for the state in which the product is produced. They do not apply to a filing in another system. D. Obligations Subject to Central Filing 1. The Food Security Act does not provide for the transaction in which one person subjects a product to a security interest for another’s debt. However, the terms “person indebted” and “debtor” in the Food Security Act refer to the person who owns a product and subjects it to a security interest, whether or not that person owes a debt to the secured party. The basis for this is the purpose for which the information is supplied. Any buyer of a Farm Product, commission merchant, or selling agent querying the master list or system operator about a prospective seller of a Farm Product is interested in whether that seller has subjected that product to a security interest, not in whether the debt is owed by that seller or by another. 2. A debt need not exist at the time of filing of an EFS. E. Registration 1. Buyer, commission merchants and selling agents may register with the Secretary of State, for an annual period by submitting a registration form accompanied with the registration fee for each farm product for which an interest is registered. The registration form shall be provided by the Mississippi Secretary of State, Division of Business Services and indicate 2. a. The name and address of the buyer, commission merchant, or selling agent. Any address changes of the buyer, commission merchant or selling agent shall be reported immediately to the system operator. b. Farm Product or Products in which registrant is interested. c. If registrant is interested only in such product or products in a certain county or certain counties, in the State of Mississippi. 3. A registrant, if not registered for any specified county or counties, shall be deemed to have registered for all counties shown on the master list. 4. The list will only be provided online and will be accessed by subscribers using a password as determined by the Secretary of State. 5. The list will be electronically updated daily. 6. The Food Security Act does not require a person to register. Not registering with the system operator has the effect, of making such persons, whether they are inside or outside other state covered by that system, subject to security interests shown on that system’s master list whether or not such persons know about them, so that such persons for their own protection will need to query the system operator about any seller engaged in farming operations, of a farm product produced in the state covered by that system, with whom they deal. F. Master List 1. The Secretary of State shall compile all EFS into a master list: a. Organized according to farm products; b. Arranged within each such product; 1. In alphabetical order; 2. According to the last name of the individual debtors, or in the case of debtors doing business other than as individuals, the first word in the name of such debtors not an article; 3. In numerical order according to the social security number of the individual debtors or, in the case of debtors doing business other than an individuals, the Internal Revenue Service taxpayer identification number of such debtors; 4. Geographically by county of debtor location and county where crop is produced; 5. And by crop year. c. The list will contain: 1. The name and address of the secured party 2. The name and address of the person subjecting the product to a security interest 3. The social security number of the debtor or, in the case of a debtor doing business other than as an individual, the Internal Revenue Service taxpayer identification number of such debtor. d. A description of the Farm Products subject to the security interest created by the debtor, including the amount of such products where applicable, and a reasonable description of the property, including county or parish in which the property is produced. 2. Portions of the Master List a. The portion of the master list available to registrants will be organized in such a manner that information regarding the debtor and collateral in question can be readily obtained. b. The portions of the master list will contain a heading for each Farm Product and contain for each such product a sub-heading for each debtor with effective financing statements on file with the system. c. Each Farm Product list will contain the name, address, and social security number, or, if other than a natural person, IRS taxpayer identification number, of each debtor (or other person subjecting such a product to a security interest). d. For each such person, the list will contain further details of the Farm Product subject to the security interest if supplied on the EFS. e. One of the sections will have these names in alphabetical order by the word appearing first in the name. The other section will have them in numerical order by social security number, or, if other than a natural person, IRS taxpayer identification number. f. For each such person each section will show the secured party name and address. g. The list portions will only be available to online subscribers. G. Farm Product List And Codes 1. The Farm Products, according to which the master list must be organized as required by the Food Security Act and which must be identified on an EFS are found in the “Mississippi Farm Product Collateral Codes” found in “Appendix “A” and available within the online filing system. 2. The Farm Products, according to which the master list must be organized and which must be identified on an EFS, must be specific commodities, species of livestock, and specific products of crops or livestock. Miscellaneous categories are not permissible. H. Crop Year 1. The crop year, according to which the master list must be arranged “within each Farm Product is: a. For a crop grown in soil, the calendar year in which it is harvested or to be harvested; b. For animals, the calendar year in which they are born or acquired; c. For fish, poultry, or eggs, the calendar year in which they are sold or to be sold. 2. An EFS or notice thereof which does not show crop year must be regarded as applicable to the crop or product in question for every year for which the EFS is effective. I. Amount and Reasonable Description 1. The amount of Farm Products and reasonable description of the property, including county, on an EFS and on the master list, need not be shown on every EFS and master copy. 2. Any EFS and master list entry will identify a product. If no amount is indicated, this means that all of such product. If no amount is indicated, this means that all such product owned by the person, in question is subject to the security of interest in question. 3. Any EFS and master list entry will identify each county in Mississippi where the product is produced. If no further identification of the location of the product in each such county owned by that person is subject to the security interest. 4. The need to supply additional information arises only where some of that product owned by that person is subject to the security interest and some is not. 5. The additional information about amount and property must be sufficient to enable a reader of the information to identify what product owned by that person is subject, as distinguished from what of the same product owned by the same person is not subject. The precision needed, in the description of the amount and location, will vary from case to case. J. Distribution of Portions of Master List 1. Electronic Access License – Master Farm Product List a. The Mississippi Secretary of State, Division of Business Services will make available electronic access via the Internet in the form of an exclusive use license to interested parties who register for this service. K. Fees 1. The Secretary of State is authorized to set reasonable fees to defray the costs of the Central Filing System pursuant to Mississippi Code § 75-9-320 (g). The fees listed are subject to a six month experience period and may be increased or decreased upon proper notice and compliance with the Administrative Procedure Act. Fees are as indicated in Rule 6.2 supra. Additional fees specific to the Central Filing System are listed below in the “Mississippi Central Filing System Table of Fees. 2. Failure to pay fees as agreed shall result in suspension from receipt of further service until all delinquent amounts are paid in full. During a period of suspension a registrant shall be deemed to be unregistered for that period. CROP NAME CROP NAME WITH CODE ALFALFA 198 - ALFALFA APPLES 101 - APPLES APRICOTS 102 - APRICOTS ARTICHOKES 103 - ARTICHOKES ASPARAGUS 104 - ASPARAGUS AVOCADOS 105 - AVOCADOS BANANAS 106 - BANANAS BARLEY 107 - BARLEY BEANS, BUTTER 108 - BEANS, BUTTER BEANS, DRY 109 - BEANS, DRY BEANS, LIMA 110 - BEANS, LIMA BEANS, SNAP 111 - BEANS, SNAP BEANS, WAXED 112 - BEANS, WAXED BEETS 113 - BEETS BERRIES, BLACK 114 - BERRIES, BLACK BERRIES, BLUE 115 - BERRIES, BLUE BERRIES, STRAW 116 - BERRIES, STRAW BROCCOLI 117 - BROCCOLI BRUSSEL SPROUTS 118 - BRUSSEL SPROUTS CABBAGE 119 - CABBAGE CARROTS 120 - CARROTS CATFISH / FISH 202 - CATFISH / FISH CATTLE & CALVES 201 - CATTLE & CALVES CAULIFLOWER 121 - CAULIFLOWER CELERY 122 - CELERY CHEESE 301 - CHEESE CHERRIES 123 - CHERRIES CHICKENS 203 - CHICKENS COFFEE 124 - COFFEE COLLARDS 125 - COLLARDS CORN 126 - CORN CORN, SILAGE 197 - CORN, SILAGE CORN, SWEET 127 - CORN, SWEET COTTON 128 - COTTON COTTONSEED 311 - COTTONSEED CUCUMBERS 129 - CUCUMBERS DATES 130 - DATES DUCKS 204 - DUCKS EARTHWORMS 215 - EARTHWORMS EGGPLANT 131 - EGGPLANT EGGS 302 - EGGS EGGS, HATCHING 205 - EGGS, HATCHING EMU 221 - EMU ESCAROLE 132 - ESCAROLE FIGS 133 - FIGS FLAXSEED 134 - FLAXSEED FLOWERS 303 - FLOWERS GARLIC 135 - GARLIC GEESE 206 - GEESE GOATS 207 - GOATS GRAPEFRUIT 137 - GRAPEFRUIT GRAPES & RAISINS 136 - GRAPES & RAISINS GRASS 304 - GRASS GUINEAS 208 - GUINEAS HARES & RABBITS 218 - HARES & RABBITS HAY 138 - HAY HOGS & PIGS 209 - HOGS & PIGS HONEY 305 - HONEY HONEYBEES 217 - HONEYBEES HOPS 139 - HOPS HORSES 210 - HORSES IRISH POTATOES 140 - IRISH POTATOES KENAF FIBER 313 - KENAF FIBER KIWI 141 - KIWI LAMBS & SHEEP 211 - LAMBS & SHEEP LEGUMES 142 - LEGUMES LEMONS 143 - LEMONS LETTUCE 144 - LETTUCE LIMES 145 - LIMES MAPLE SYRUP 146 - MAPLE SYRUP MELONS, CANTALOPE 147 - MELONS, CANTALOPE MELONS, HONEY DEW 148 - MELONS, HONEY DEW MELONS, WATER 149 - MELONS, WATER MILK 306 - MILK MILO 150 - MILO MINT 151 - MINT MOHAIR 307 - MOHAIR MULES 212 - MULES MUSCADINES 194 - MUSCADINES MUSHROOMS 152 - MUSHROOMS MUSTARD GREENS 153 - MUSTARD GREENS NECTARINES 154 - NECTARINES NUTMEG 155 - NUTMEG OATS 156 - OATS OKRA 199 - OKRA OLIVES 157 - OLIVES ONIONS 158 - ONIONS ORANGES 159 - ORANGES OSTRICHES 222 - OSTRICHES OTHER 999 - OTHER PAPAYAS 160 - PAPAYAS PEACHES 161 - PEACHES PEANUTS 162 - PEANUTS PEARS 163 - PEARS PEAS, DRY 164 - PEAS, DRY PEAS, FIELD 165 - PEAS, FIELD PEAS, GREEN 166 - PEAS, GREEN PECANS 167 - PECANS PELTS & PRODUCTS 312 - PELTS & PRODUCTS PEPPERS 168 - PEPPERS PERSIMMONS 169 - PERSIMMONS PINEAPPLE 170 - PINEAPPLE PLUMS & PRUNES 171 - PLUMS & PRUNES POMEGRANATES 172 - POMEGRANATES POPCORN 173 - POPCORN PUMPKINS 195 - PUMPKINS PURPLE HULL PEAS 099 - PURPLE HULL PEAS QUAIL 213 - QUAIL RAPESEED 174 - RAPESEED RHEA 223 - RHEA RICE 175 - RICE RYE 176 - RYE SESAME SEEDS 097 - SESAME SEEDS SHELLFISH 216 - SHELLFISH SHRUBBERY 308 - SHRUBBERY SORGHUM GRAIN 177 - SORGHUM GRAIN SOYBEANS 178 - SOYBEANS SPINACH 179 - SPINACH SQUASH 196 - SQUASH SUGAR BEETS 180 - SUGAR BEETS SUGARCANE 181 - SUGARCANE SUNFLOWER SEEDS 182 - SUNFLOWER SEEDS SWEET POTATOES 183 - SWEET POTATOES TANGELOS 184 - TANGELOS TANGERINES 185 - TANGERINES TARA 186 - TARA TEA 187 - TEA TOBACCO 188 - TOBACCO TOMATOES 189 - TOMATOES TREES 190 - TREES TURKEYS 214 - TURKEYS TURNIP GREENS 098 - TURNIP GREENS TURNIPS 191 - TURNIPS TURTLES 220 - TURTLES WALNUTS 192 - WALNUTS WHEAT 193 - WHEAT WOOL 309 - WOOL MISSISSIPPI CENTRAL FILING SYSTEM TABLE OF ADDITIONAL FEES Farm Product Electronic Data Access License $250.00 per year *Other services not listed above, which constitute the same or similar service as those in a non-farm product UCC Article 9 filing, will have fees as set forth in Rule 6.2 for those services.
1 MAC Pt. 4, R. 5.3: without the debtor’s signature; | Justis AI