Part III. Ucc Record Filing and Searches
5VAC5-30-60. Filing and data entry procedures.
A. The filing office may correct errors made by its personnel in the UCC information management system at any time. The filing office shall file a filing officer statement in the UCC information management system identifying the UCC record to which it relates, the date of the correction or other action taken, and an explanation of the corrective or other action taken. The filing officer statement shall be preserved as long as the UCC record of the initial financing statement is preserved in the UCC information management system.
B. An error by a filer or remitter is the responsibility of that person. It can be corrected by filing an amendment or it can be disclosed by filing an information statement pursuant to § 8.9A-518 of the Code of Virginia.
C. Only names entered in a designated name field through the system-to-system transfer method will be recorded as a name in the UCC information management system. This applies to all parties associated with a UCC record.
D. The filing office shall take no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor included in the UCC information management system.
Statutory Authority
§§ 8.9A-526 and 12.1-13 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 17, Issue 22, eff. July 1, 2001; amended, Virginia Register Volume 23, Issue 23, eff. July 1, 2007; Volume 27, Issue 23, eff. July 1, 2011; Volume 29, Issue 22, eff. July 1, 2013; Volume 34, Issue 9, eff. December 1, 2017; Volume 41, Issue 9, eff. January 1, 2025.
5VAC5-30-70. Search requests and reports.
A. The filing office maintains for public inspection a searchable index for all UCC records. The index shall provide for the retrieval of all filed UCC records by the name of the debtor and by the file number of the initial financing statement.
B. Search requests shall be made by electronic delivery method provided and authorized by the filing office or on the Information Request form (Form UCC11) and shall include:
1. The name of the debtor to be searched, specifying whether the debtor is an individual or organization. A search request will be processed using the exact name provided by the requestor.
2. The name and address of the person to whom the search report is to be sent.
3. Payment of the appropriate fee, which shall be made by a method set forth in this chapter.
C. Search requests may include:
1. A request that copies of UCC records found in the search be included with the search report; and
2. For requests made by personal, courier, or postal delivery, instructions on the mode of delivery desired, if other than by postal delivery, which shall be followed if the desired mode is acceptable to the filing office.
D. Search results are produced by the application of standardized search logic to the name presented to the filing office. The following criteria apply to searches:
1. There is no limit to the number of matches that may be returned in response to the search request.
2. No distinction is made between upper and lower case letters.
3. Punctuation marks and accents are disregarded.
4. "Noise words" are limited to "an," "and," "for," "of," and "the." The word "the" is disregarded. Other noise words appearing anywhere except at the beginning of an organization name are disregarded. Certain business words are modified to a standard abbreviation: company to "co," corporation to "corp," limited to "ltd," incorporated to "inc."
5. All spaces are disregarded.
6. After using the preceding criteria to modify the name to be searched, the search will reveal names of debtors that are contained in unlapsed or all initial financing statements in an alphabetical list.
E. Reports created in response to a search request shall include the following:
1. The date and time the report was generated.
2. Identification of the name searched.
3. The through date as of the date and time the report was generated.
4. For an organization, the name as it appears after application of the standardized search logic.
5. Identification of each unlapsed initial financing statement or all initial financing statements filed on or prior to the report date and time corresponding to the search criteria, by name of debtor, by file number, and by file date and file time.
6. For each initial financing statement on the report, a listing of all related UCC records filed by the filing office on or prior to the report date.
7. Copies of all UCC records revealed by the search and requested by the requestor.
F. The filing office may provide access to the searchable index via the Internet that produces search results beyond exact name matches. Search results obtained via the Internet shall not constitute an official search and will not be certified by the filing office.
Statutory Authority
§§ 8.9A-526 and 12.1-13 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 17, Issue 22, eff. July 1, 2001; amended, Virginia Register Volume 23, Issue 23, eff. July 1, 2007; Volume 27, Issue 23, eff. July 1, 2011; Volume 29, Issue 22, eff. July 1, 2013; Volume 34, Issue 9, eff. December 1, 2017; Volume 41, Issue 9, eff. January 1, 2025.