(a) A filing office that accepts written records may not refuse to accept a written initial financing statement that is in the following form and format, except for a reason set forth in Subsection (b) of Section 55-9-516 NMSA 1978:
"UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS
A. NAME & PHONE OF CONTACT AT FILER (optional)
_______________________________________________________
B. E-MAIL CONTACT AT FILER (optional)
_______________________________________________________
C. SEND ACKNOWLEDGMENT TO: (Name and Address)
_______________________________________________________ THE ABOVE SPACE IS
_______________________________________________________ FOR FILING
_______________________________________________________ OFFICE USE ONLY
(b) A filing office that accepts written records may not refuse to accept a written record in the following form and format except for a reason set forth in Subsection (b) of Section 55-9-516 NMSA 1978:
"UCC FINANCING STATEMENT AMENDMENT
FOLLOW INSTRUCTIONS
A. NAME & PHONE OF CONTACT AT FILER (optional)
_______________________________________________________
B. E-MAIL CONTACT AT FILER (optional)
_______________________________________________________
C. SEND ACKNOWLEDGMENT TO: (Name and Address)
_______________________________________________________ THE ABOVE SPACE IS
_______________________________________________________ FOR FILING
_______________________________________________________ OFFICE USE ONLY
UCC FINANCING STATEMENT AMENDMENT ADDENDUM (Form UCC3Ad) (Rev 04/20/11)".
UCC Official Comments © by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.
1. Source. New.
2. "Safe Harbor" Written Forms. Although section 9-520 limits the bases upon which the filing office can refuse to accept records, this section provides sample written forms that must be accepted in every filing office in the country, as long as the filing office's rules permit it to accept written communications. By completing one of the forms in this section, a secured party can be certain that the filing office is obligated to accept it.
The forms in this section are based upon national financing statement forms that were in use under former article 9. Those forms were developed over an extended period and reflect the comments and suggestions of filing officers, secured parties and their counsel, and service companies. The formatting of those forms and of the ones in this section has been designed to reduce error by both filers and filing offices.
A filing office that accepts written communications may not reject, on grounds of form or format, a filing using these forms. Although filers are not required to use the forms, they are encouraged and can be expected to do so, inasmuch as the forms are well designed and avoid the risk of rejection on the basis of form or format. As their use expands, the forms will rapidly become familiar to both filers and filing office personnel. Filing offices may and should encourage the use of these forms by declaring them to be the "standard" (but not exclusive) forms for each jurisdiction, albeit without in any way suggesting that alternative forms are unacceptable.
The multi-purpose form in subsection (b) covers changes with respect to the debtor, the secured party, the collateral, and the status of the financing statement (termination and continuation). A single form may be used for several different types of amendments at once (e.g., both to change a debtor's name and continue the effectiveness of the financing statement).