UCC Frequently Asked Questions

What does “UCC” mean?

“UCC” stands for Uniform Commercial Code.   The Uniform Commercial Code  is a uniform law that governs commercial transactions, including sales of goods, secured transactions and negotiable instruments.  The Uniform Commercial Code  is a comprehensive set of statutes created to provide consistency among the states. It is called a uniform law because the same law exists in many states.

What is a UCC-1?

A UCC-1 is a “financing statement” filed to provide notice that a creditor has a security interest in a debtor’s personal property. It is not an agreement. It is  a notice d that one person claims an interest in someone else's property, usually as collateral for a debt.

What UCC forms are acceptable for use in New York State?

Pursuant to section 9-521 of the UCC, the Department of State hereby promulgates the following forms:

 

UCC Financing Statement (Form UCC1) (PDF)

UCC Financing Statement Addendum (Form UCC1Ad) (PDF)

UCC Financing Statement Additional Party (Form UCC1AP) (PDF)

UCC Financing Statement Amendment (Form UCC3) (PDF)

National UCC Financing Statement Amendment Addendum (Form UCC3Ad) (PDF)

UCC Financing Statement Amendment Additional Party (Form UCC3AP) (PDF)

New York UCC Financing Statement Cooperative Addendum (Form UCC1CAd) (PDF) (Not fillable online)

National Correction Statement (Form UCC5) (PDF)

National Information Request (Form UCC11) (PDF)


These forms may be completed online, printed and delivered to the Secretary of State’s Albany office.

Please note that the National Standard UCC forms are not acceptable for filing in New York State when the debtor is an organization.  Article 9 of New York’s Uniform Commercial Code requires that the type of organization and jurisdiction of organization be stated.

Is Online Filing Available?

The UCC Financing Statement and UCC Financing Statement Amendment may be filed online on the Department of State’s website.

Does the Uniform Commercial Code Division accept payment by credit card?

The Department of State’s Uniform Commercial Code Division accepts MasterCard, Visa and American Express for the payment of certain fees. Search requests and documents submitted for filing may be paid by credit card.

To pay for a fee by using your credit card, complete and sign the Credit Card Authorization Form and submit it to the Uniform Commercial Code Division with your request.

You may fax a document submitted for filing to the Uniform Commercial Code Division at (518) 474-4478.

Please note that all filing acknowledgment letters and search results will be returned by first class mail by the United States Postal Service. We DO NOT provide these documents by fax or email. You may request that your filing acknowledgment letter or other document be returned to you by overnight delivery service by enclosing a prepaid shipping label with your request. The Department of State will not accept prepaid shipping labels with the Department of State listed as the sender. The prepaid shipping label must list yourself as the sender and the receiver.

The Uniform Commercial Code Division usually processes documents submitted for filing on a regular basis within 24 to 48 hours. Processing of your document begins when the document or other service request is received by the appropriate unit of the Uniform Commercial Code Division. The Uniform Commercial Code Division also offers expedited processing of documents. For an additional non-refundable fee the Uniform Commercial Code Division will ensure that a document or other service request is processed on the day it is received for an additional fee of $75. The fee for expedited processing is separate from the fee to file the document or other service requested. The fee for expedited processing as well as the filing fees will be charged to your account and are retained as a “processing fee” regardless of whether the document is accepted for filing or rejected as deficient.

What are the basic UCC fees?

A UCC filing is $40 for a paper-based filing and $20 for an electronic filing (using XML transmission or e-File).

The UCC search fee is $25. A separate Information Request (Form UCC-11) is required for each business or name to be searched.

Copy requests are $5 for a plain copy and $10 for a certified copy.

Fees should be made payable to the "Department of State." All checks over $500 must be certified.

Subscription to the UCC Image Retrieval System is $300 per month.

What is the mailing address, telephone and fax number and hours of operation?

New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza

99 Washington Avenue
Albany, New York 12231-0001


Telephone Number: (518) 473-2492

Fax Number: (518) 474-4478

The Uniform Commercial Code hours of operation are Monday through Friday, from 9:00 a.m. to 4:30 p.m., Eastern Time.

 

 

What are the most common reasons for rejection of a UCC filing?

  • The UCC filing is not filed on the proper form. The approved UCC forms are available on the Department of State’s website.  Please note that the National Standard UCC forms are not acceptable for filing in New York State when the debtor is an organization.  Article 9 of New York’s Uniform Commercial Code requires that the type of organization and jurisdiction of organization be stated.
  • The correct total amount due for the filing fee. Note: When an inadequate payment amount for multiple transactions is submitted with all transactions are rejected.
  • When filing an amendment, the initial financing statement file number is not legible or cannot be matched to an unlapsed financing statement.
  • For a continuation, the record is not filed within the six-month window prior to the lapse date.
  • In the event of an assignment, the filing fails to legibly provide the name and mailing address of the assignee.
  • When an amendment adds a new party, the record does not legibly provide the new party’s name and/or mailing address.
  • When an amendment adds a new debtor, the record does not legibly identify the debtor’s name and/or mailing address.
  • The original file number (UCC1) was not provided  on the UCC3.
  • The type of organization and  jurisdiction of organizations fields are incomplete on the UCC-1 filing.

 

How long does a financing statement remain active?
Most financing statements have a duration of 5 years before they lapse. Once a financing statement has lapsed, the file number and party names (debtor and secured party) associated with the financing statement remain available in the searchable index for an additional year before being removed.

Manufactured-Home Transaction - effective 30 years

Public-Finance Transaction - effective 30 years

Cooperative Filing - effective 5 years

Transmitting Utility - effective until terminated

 

How do I get a copy of a filing?
Request a copy by submitting an Information Request (UCC11) to the Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, Albany, NY  12231.


The fee is $5.00 for a plain copy and $10.00 for a certified copy.

Please note that a  UCC copy request requires the UCC filing number. Therefore, copy requests should not be submitted with the UCC1 Financing Statements.

I have discovered a document that should not have been filed. What can I do?

The Information Statement (Form UCC5) provide the ability for a person who feels they were wrongfully or inadvertently named on a financing statement to file an information statement with the Secretary of State office. The filing of the UCC5 Information Statement does not remove the filing but is added to the financing statement record and provides notice to anyone searching the UCC records.

How can an individual without access to the internet file documents?

Documents can be mailed to the Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, Albany, NY 12231.

Does the Secretary of State’s office provide confirmation when documents have been filed?

Yes.  Filing acknowledgment letters are returned by first class mail by the United States Postal Service. We DO NOT provide these documents by fax or email. You may request that your filing acknowledgment letter  be returned to you by overnight delivery service by enclosing a prepaid shipping label with your request. The Department of State will not accept prepaid shipping labels with the Department of State listed as the sender. The prepaid shipping label must list yourself as the sender and the receiver.

Is Expedited Processing Available?

The Uniform Commercial Code Division usually processes documents submitted for filing on a regular basis within 24 to 48 hours. Processing of your document begins when the document or other service request is received by the appropriate unit of the Uniform Commercial Code Division.

The Uniform Commercial Code Division also offers expedited processing of documents. For an additional non-refundable fee, the Uniform Commercial Code Division will ensure that a document or other service request is processed on the day it is received for an additional fee of $75. The fee for expedited processing is separate from the fee to file the document or other service requested. The fee for expedited processing as well as the filing fees will be charged to your account and are retained as a “processing fee” regardless of whether the document is accepted for filing or rejected as deficient.

Once a document has been filed, a copy of the first page of the filed document, along with a filing acknowledgment letter showing how the document was indexed, will be returned to the filer.

How do I file a release?

Revised Article 9 of the Uniform Commercial Code provides for the filing of an amendment of collateral. If you are using the National Standard form, UCC3 Financing Statement Amendment you would complete 1a Initial Financing Statement file number and check box 2 for Termination.

How do I conduct a Federal Tax Lien Search?

Federal Tax Lien Search may be searched on the Department of State’s website. The search will retrieve filings against a named business or individual. It is identical in search logic to those searches performed on requests by the Department of State. It will not retrieve similar names or variants. Should you wish to search for certain similar names or name variants, please search our "Other Debtor Search Options."

Where can information be found regarding Federal Tax Liens Searches?

The Uniform Commercial Code Public Inquiry System allows the public to search the complete UCC database. This database includes Financing Statements and Financing Statement Amendments filed under Article 9 and Revised Article 9 of the Uniform Commercial Code and Notices of Federal Tax Liens and notices and certificates affecting such liens filed under Article 10-A of the Lien Law. Search results are provided in the form of a printable data report and/or viewable images of the filed record(s).

May I purchase UCC Filing Images?

The UCC Image Retrieval System allows purchasers to access and download the UCC Filing Images by file date. Digital.TIFF Images will be loaded to the UCC data subscription website 5 business days after the file date and will be available for download for 30 days. The files can be downloaded individually or in a zipped file. The monthly subscription fee is $300. The UCC Image Retrieval System does not include past records in the UCC database. Parties interested in subscribing to the UCC Image Retrieval System should contact the Uniform Commercial Code Division at (518) 473-2492.