Current through September 25, 2024
Section 11 AAC 06.900 - DefinitionsIn this chapter, unless the context requires otherwise,
(1) "amendment" means a UCC record that amends the information contained in a financing statement; "amendment" includes an assignment, a continuation, a partial release, and a termination;(2) "assignment" means an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement;(3) "certified copy" means a copy of a document or record, signed and certified as a true copy by the officer in whose custody the document or record is or by any other person authorized to make the certification;(4) "continuation" has the meaning given to "continuation statement" in AS 45.29.102;(6) "department" means the Department of Natural Resources;(7) "file" means to accept a UCC record into the public record by affixing serial number, date, and time information, and to retain that record; (8) "financing statement" has the meaning given in AS 45.29.102;(9) "fixture filing" has the meaning given in AS 45.29.102;(10) "fixture statement" means the financing statement that is filed in a fixture filing;(11) "individual" means a (A) natural person in a UCC record; or(B) decedent in a UCC record, if a debtor is the decedent's estate;(12) "initial financing statement" means a UCC record containing the information required to be in a financing statement under AS 45.29.502 and that causes the filing office to establish the initial record of existence of a financing statement;(13) "legal description" means a delineation of a specific property by (A) referring to and basing the delineation on a plat of survey that is (i) approved by the applicable platting authority identified in AS 40.15.070; and(ii) accepted and filed in accordance with this chapter;(B) describing the property's metes and bounds; or(C) describing unplatted property using the rectangular system of land surveys;(14) "organization" means a person in a UCC record, other than an individual;(15) "record" (A) as a noun, means every document accepted and placed into the public record in a district recorder's office, providing notice to the public and open to the public for inspection; "record" includes UCC filings in the UCC central filing office;(B) for purposes of a UCC record, has the meaning given in AS 45.29.102; and(C) as a verb, means to accept a document into the public record by affixing serial number, date, and time information to the document and entering it into the grantor/grantee and location indices;(16) "remitter" means a person who tenders a UCC record to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing; "remitter" does not include the United States Postal Service, a courier service, or a person responsible merely for the delivery of the record to the filing office, unless that person acts as a filer's agent in the filing process;(17) "secured party of record" has the meaning given in AS 45.29.511;(18) "termination" has the meaning given to "termination statement" in AS 45.29.102;(19) "UCC" means AS 45.29 (Uniform Commercial Code - Secured Transactions);(20) "UCC record" means a record that is an initial financing statement, amendment, or correction statement; "UCC record" does not refer exclusively to paper or paper-based writings; "UCC record" includes fixture statements and related documents recorded in a recording district office;(21) "active initial financing statement" means an initial financing statement that has not reached the one-year anniversary of its lapse date;(22) "address" means a valid mailing address that includes (A) a street address, route number, milepost number, or post office box number, as appropriate; and(B) the city, state, and zip code;(23) "original signature" (A) means a wet ink signing on paper documents, as well as an electronic signature as defined in AS 09.80.190(8);(B) includes, for a document submitted electronically for recording, the electronic version of an "original signature."(24) "information statement" means a UCC record that indicates that a financing statement is inaccurate or wrongfully filed. Eff. 6/1/86, Register 98; am 8/23/2001, Register 159; am 4/2/2004, Register 169; am 12/5/2009, Register 192; am 8/29/2013, Register 207, October 2013Authority:AS 40.17.030
AS 44.37.025
AS 44.37.027
AS 45.29.102
AS 45.29.511
AS 45.29.518
AS 45.29.519