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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

COMMERCIAL CODE
(810 ILCS 5/) Uniform Commercial Code.

810 ILCS 5/Art. 9 Pt. 5 Sub. 2

 
    (810 ILCS 5/Art. 9 Pt. 5 Sub. 2 heading)
SUBPART 2. DUTIES AND OPERATION OF FILING OFFICE

810 ILCS 5/9-519

    (810 ILCS 5/9-519)
    Sec. 9-519. Numbering, maintaining, and indexing records; communicating information provided in records.
    (a) Filing office duties. For each record filed in a filing office, the filing office shall:
        (1) assign a unique number to the filed record;
        (2) create a record, which may be electronic,
    
microfilm, or otherwise, that bears the number assigned to the filed record and the date and time of filing;
        (3) maintain the filed record for public inspection;
    
and
        (4) index the filed record in accordance with
    
subsections (c), (d), and (e).
    (b) File number. A file number assigned after January 1, 2002, must include a digit that:
        (1) is mathematically derived from or related to the
    
other digits of the file number; and
        (2) aids the filing office in determining whether a
    
number communicated as the file number includes a single-digit or transpositional error.
    (c) Indexing: general. Except as otherwise provided in subsections (d) and (e), the filing office shall:
        (1) index an initial financing statement according to
    
the name of the debtor and index all filed records relating to the initial financing statement in a manner that associates with one another an initial financing statement and all filed records relating to the initial financing statement; and
        (2) index a record that provides a name of a debtor
    
which was not previously provided in the financing statement to which the record relates also according to the name that was not previously provided.
    (d) Indexing: real-property-related financing statement. If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, it must be filed for record and the filing office shall index it:
        (1) under the names of the debtor and of each owner
    
of record shown on the financing statement as if they were the mortgagors under a mortgage of the real property described; and
        (2) to the extent that the law of this State provides
    
for indexing of records of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee thereunder, or, if indexing is by description, as if the financing statement were a record of a mortgage of the real property described.
    (e) Indexing: real-property-related assignment. If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, the filing office shall index an assignment filed under Section 9-514(a) or an amendment filed under Section 9-514(b):
        (1) under the name of the assignor as grantor; and
        (2) to the extent that the law of this State provides
    
for indexing a record of the assignment of a mortgage under the name of the assignee, under the name of the assignee.
    (f) Retrieval and association capability. The filing office shall maintain a capability:
        (1) to retrieve a record by the name of the debtor
    
and by the file number assigned to the initial financing statement to which the record relates; and
        (2) to associate and retrieve with one another an
    
initial financing statement and each filed record relating to the initial financing statement.
    (g) Removal of debtor's name. The filing office may not remove a debtor's name from the index until one year after the effectiveness of a financing statement naming the debtor lapses under Section 9-515 with respect to all secured parties of record.
    (h) Timeliness of filing office performance. The filing office shall perform the acts required by subsections (a) through (e) at the time and in the manner prescribed by filing-office rule, but not later than two business days after the filing office receives the record in question.
    (i) Inapplicability to real-property-related filing office. Subsections (b) and (h) do not apply to a filing office described in Section 9-501(a)(1).
    (j) Unless a statute on disposition of public records provides otherwise, if the filing officer has an electronic, microfilm, or other image record to be maintained of the financing statement, continuation statement, statement of assignment, statement of release, termination statement, or any other related document, he or she may remove and destroy the original paper submission.
(Source: P.A. 91-893, eff. 7-1-01; 92-33, eff. 7-1-01.)

810 ILCS 5/9-520

    (810 ILCS 5/9-520)
    Sec. 9-520. Acceptance and refusal to accept record.
    (a) Mandatory refusal to accept record. A filing office shall refuse to accept a record for filing for a reason set forth in Section 9-516(b) and may refuse to accept a record for filing only for a reason set forth in Section 9-516(b).
    (b) Communication concerning refusal. If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule, but in the case of a filing office described in Section 9-501(a)(2), in no event more than two business days after the filing office receives the record.
    (c) When filed financing statement effective. A filed financing statement satisfying Section 9-502(a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a). However, Section 9-338 applies to a filed financing statement providing information described in Section 9-516(b)(5) which is incorrect at the time the financing statement is filed.
    (d) Separate application to multiple debtors. If a record communicated to a filing office provides information that relates to more than one debtor, this Part applies as to each debtor separately.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-521

    (810 ILCS 5/9-521)
    Sec. 9-521. Uniform form of written financing statement and amendment.
    (a) Initial financing statement form. A filing office that accepts written records may not refuse to accept a written initial financing statement in the form and format set forth in the official text of the 2010 amendments to Article 9 of the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws, except for a reason set forth in Section 9-516(b).
    (b) Amendment form. A filing office that accepts written records may not refuse to accept a written record in the form and format set forth as Form UCC3 and Form UCC3Ad in the final official text of the 2010 amendments to Article 9 of the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws, except for a reason set forth in Section 9-516(b).
(Source: P.A. 97-1034, eff. 7-1-13.)

810 ILCS 5/9-522

    (810 ILCS 5/9-522)
    Sec. 9-522. Maintenance and destruction of records.
    (a) Post-lapse maintenance and retrieval of information. The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under Section 9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and:
        (1) if the record was filed in the filing office
    
described in Section 9-501(a)(1), by using the file number assigned to the initial financing statement to which the record relates and the date and time that the record was filed or recorded; or
        (2) if the record was filed in the filing office
    
described in Section 9-501(a)(2), by using the file number assigned to the initial financing statement to which the record relates.
    (b) Destruction of written records. Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-523

    (810 ILCS 5/9-523)
    Sec. 9-523. Information from filing office; sale or license of records.
    (a) Acknowledgment of filing written record. If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to Section 9-519(a)(1) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:
        (1) note upon the copy the number assigned to the
    
record pursuant to Section 9-519(a)(1) and the date and time of the filing of the record; and
        (2) send the copy to the person.
    (b) Acknowledgment of filing other record. If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:
        (1) the information in the record;
        (2) the number assigned to the record pursuant to
    
Section 9-519(a)(1); and
        (3) the date and time of the filing of the record.
    (c) Communication of requested information. The filing office shall communicate or otherwise make available in a record the following information to any person that requests it:
        (1) whether there is on file on a date and time
    
specified by the filing office, but not a date earlier than three business days before the filing office receives the request, any financing statement that:
            (A) designates a particular debtor or, if the
        
request so states, designates a particular debtor at the address specified in the request;
            (B) has not lapsed under Section 9-515 with
        
respect to all secured parties of record; and
            (C) if the request so states, has lapsed under
        
Section 9-515 and a record of which is maintained by the filing office under Section 9-522(a);
        (2) the date and time of filing of each financing
    
statement; and
        (3) the information provided in each financing
    
statement.
    (d) Medium for communicating information. In complying with its duty under subsection (c), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of this State without extrinsic evidence of its authenticity.
    (e) Timeliness of filing office performance. The filing office shall perform the acts required by subsections (a) through (d) at the time and in the manner prescribed by filing-office rule, but in the case of a filing office described in Section 9-501(a)(2), not later than two business days after the filing office receives the request.
    (f) Public availability of records. At least weekly, the Secretary of State shall offer to sell or license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under this Part, in every medium from time to time available to the filing office.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-524

    (810 ILCS 5/9-524)
    Sec. 9-524. Delay by filing office. Delay by the filing office beyond a time limit prescribed by this Part is excused if:
        (1) the delay is caused by interruption of
    
communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and
        (2) the filing office exercises reasonable diligence
    
under the circumstances.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-525

    (810 ILCS 5/9-525)
    Sec. 9-525. Fees.
    (a) Initial financing statement or other record: general rule. Except as otherwise provided in subsection (e), the fee for filing and indexing a record under this Part, other than an initial financing statement of the kind described in subsection (b), is:
        (1) $20 if the record is communicated in writing and
    
consists of one or two pages;
        (2) $20 if the record is communicated in writing and
    
consists of more than two pages; and
        (3) $20 if the record is communicated by another
    
medium authorized by filing-office rule.
    (b) Initial financing statement: public-finance and manufactured-housing transactions. Except as otherwise provided in subsection (e), the fee for filing and indexing an initial financing statement of the following kind is:
        (1) $20 if the financing statement indicates that it
    
is filed in connection with a public-finance transaction;
        (2) $20 if the financing statement indicates that it
    
is filed in connection with a manufactured-home transaction.
    (c) Number of names. The number of names required to be indexed does not affect the amount of the fee in subsections (a) and (b).
    (d) Response to information request. The fee for responding to a request for information from the filing office, including for issuing a certificate showing communicating whether there is on file any financing statement naming a particular debtor, is:
        (1) $10 if the request is communicated in writing; and
        (2) $10 if the request is communicated by another
    
medium authorized by filing-office rule.
    (e) Record of mortgage. This Section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under Section 9-502(c). However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.
    (f) Of the total money collected for each filing with the Secretary of State of an original financing statement, amended statement, continuation, or assignment, or for a release of collateral, $12 of the filing fee shall be paid into the Secretary of State Special Services Fund. The remaining $8 shall be deposited into the General Revenue Fund in the State treasury.
(Source: P.A. 93-990, eff. 8-23-04.)

810 ILCS 5/9-526

    (810 ILCS 5/9-526)
    Sec. 9-526. Filing-office rules.
    (a) Adoption of filing-office rules. The Secretary of State shall adopt and publish rules to implement this Article. The filing-office rules must be:
        (1) consistent with this Article; and
        (2) adopted and published in accordance with the
    
Illinois Administrative Procedure Act.
    (b) Harmonization of rules. To keep the filing-office rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this Part, and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this Part, the Secretary of State, so far as is consistent with the purposes, policies, and provisions of this Article, in adopting, amending, and repealing filing-office rules, shall:
        (1) consult with filing offices in other
    
jurisdictions that enact substantially this Part; and
        (2) consult the most recent version of the Model
    
Rules promulgated by the International Association of Corporate Administrators or any successor organization; and
        (3) take into consideration the rules and practices
    
of, and the technology used by, filing offices in other jurisdictions that enact substantially this Part.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-527

    (810 ILCS 5/9-527)
    Sec. 9-527. Duty to report. The Secretary of State shall report annually to the Governor and Legislature on the operation of the filing office. The report must contain a statement of the extent to which:
        (1) the filing-office rules are not in harmony with
    
the rules of filing offices in other jurisdictions that enact substantially this Part and the reasons for these variations; and
        (2) the filing-office rules are not in harmony with
    
the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators, or any successor organization, and the reasons for these variations.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-528

    (810 ILCS 5/9-528)
    Sec. 9-528. Liability of filing officer. Neither the filing officer nor any of the filing officer's employees or agents shall be subject to personal liability by reason of any error or omission in the performance of any duty under this Article except in the case of willful and wanton conduct.
(Source: P.A. 92-33, eff. 7-1-01.)