11 Alaska Admin. Code § 06.900

Current through September 25, 2024
Section 11 AAC 06.900 - Definitions

In 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;
(5) repealed 8/29/2013;
(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.

11 AAC 06.900

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 2013

Authority: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