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18-47-204. Duties of filing officer.

Arkansas Code — all titles (historical 2020) · legal_authorities

18-47-204. Duties of filing officer.

18-47-204. Duties of filing officer. (a) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (b) is presented to a filing officer who is: (1) The Secretary of State, he or she shall cause the notice to be marked, held, and indexed in accordance with the provisions of § 4-9-501 et seq. of the Uniform Commercial Code as if the notice were a financing statement within the meaning of that code; or (2) Any other officer described in § 18-47-202, he or she shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien, and the total amount appearing on the notice of lien. (b) If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the Secretary of State for filing, he or she shall: (1) Cause a certificate of release or nonattachment to be marked, held, and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files; and (2) Cause a certificate of discharge or subordination to be marked, held, and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code. (c) If a refiled notice of federal lien referred to in subsection (a) or any of the certificates or notices referred to in subsection (b) is presented for filing to any other filing officer specified in § 18-47-202, he or she shall permanently attach the

Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-47-204

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:18-47-204
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 08ea854fbb3e408cceb447b7eec1338edabe43428f67cc16ae2f75322683fbe5

Source location: content.xml paragraph 10271

Stored source content

18-47-204. Duties of filing officer. (a) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (b) is presented to a filing officer who is: (1) The Secretary of State, he or she shall cause the notice to be marked, held, and indexed in accordance with the provisions of § 4-9-501 et seq. of the Uniform Commercial Code as if the notice were a financing statement within the meaning of that code; or (2) Any other officer described in § 18-47-202, he or she shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien, and the total amount appearing on the notice of lien. (b) If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the Secretary of State for filing, he or she shall: (1) Cause a certificate of release or nonattachment to be marked, held, and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files; and (2) Cause a certificate of discharge or subordination to be marked, held, and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code. (c) If a refiled notice of federal lien referred to in subsection (a) or any of the certificates or notices referred to in subsection (b) is presented for filing to any other filing officer specified in § 18-47-202, he or she shall permanently attach the refiled notice or the certificate to the original notice of lien and enter the refiled notice or the certificate with the date of filing in any alphabetical lien index on the line where the original notice of lien is entered. (d) Upon request of any person, the filing officer shall issue his or her certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this subchapter, or Act 314 of 1941 as amended [repealed], naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate is three dollars ($3.00). Upon request, the filing officer shall furnish a copy of any notice of federal lien, or notice or certificate affecting a federal lien, for a fee of fifty cents (50¢) per page.

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Arkansas Code — all titles (historical 2020) · legal_authorities

18-47-202. Place of filing.

18-47-202. Place of filing. (a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this subchapter. (b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the circuit clerk of the county in which the real property subject to the liens is situated. (c) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows: (1) If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the Secretary of State; (2) If the person against whose interest the lien applies is a trust that is not covered by paragraph (1), in the office of the Secretary of State; (3) If the person against whose interest the lien applies is the estate of a decedent, in the office of the Secretary of State; (4) In all other cases, in the office of the circuit clerk of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-47-202

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-47-202. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

4-9-501. Filing office.

4-9-501. Filing office. (a) Except as otherwise provided in subsection (b), if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is: (1) the office designated for the filing or recording of a record of a mortgage on the related real property, if: (A) the collateral is as-extracted collateral or timber to be cut; or (B) the financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or (2) through midnight, December 31, 2012, the office of the circuit clerk in the county in which the debtor is located in this state if the debtor is engaged in farming operations and the collateral is a farm-stored commodity financed by a loan through the Commodity Credit Corporation of the United States Department of Agriculture; or (3) the office of the Secretary of State, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing. (b) The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the Secretary of State. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-9-501

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-9-501. This identifies an authority to review, not proof of applicability.