CHAPTER 312

FORMERLY

HOUSE BILL NO. 578

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND SUBTITLE I, TITLE 6 OF THE DELAWARE CODE RELATING TO THE UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS AND CHAPTER 23, TITLE 29 RELATING TO THE SECRETARY OF STATE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend §9-401, Subtitle I, Title 6 of the Delaware Code by

adding a new subsection (6) thereto to read as follows:

"(6) Notwithstanding that any writing authorized to be filed with the Secretary of State under this title is when filed inaccurately, defectively or erroneously executed, or otherwise defective in any respect, neither the Secretary of State nor any filing officer shall have any liability to any person for the acceptance for filing or the filing and indexing of such writing by the Secretary of State."

Section 2. Amend §9-402(1), Subtitle I, Title 6 of the Delaware Code by deleting the last sentence thereof in its entirety.

Section 3. Amend subsection (5) of §9-403, Subtitle I, Title of the

Delaware Code by deleting such subsection in its entirety and by substituting in lieu thereof the following:

"(5) The uniform fee for filing, indexing and providing a copy stamped to show the file number and the hour, date and place of filing for an original financing statement, a continuation statement or a statement of amendment shall be $25 if the statement is completed on the standard form prescribed by the Secretary of State and otherwise shall be $50, plus in each case, if the financing statement being filed or to which the continuation statement or statement of amendment being filed relates is subject to subsection (5) of Section 9-402, $25. The uniform fee shall include indexing for each name shown as a debtor on a financing statement, continuation statement or a statement of amendment."

Section 4. Amend §9-404(2), Subtitle I, Title 6 of the Delaware Code by deleting the phrase to the secured party" from the second sentence thereof.

Section 5. Amend §9-404(3), Subtitle I, Title 6 of the Delaware Code by deleting such subsection in its entirety and substituting in lieu thereof the following:

"(3) The uniform fee for filing, indexing and providing a copy stamped to show the file number and the hour, date and place of filing for an original termination statement shall be $25 if the statement is completed on the standard form prescribed by the Secretary of State and otherwise shall be $50. The uniform fee shall include indexing for each name against which the termination statement is required to be indexed."

Section 6. Amend §9-405(1), Subtitle I, Title 6 of the Delaware Code by deleting the last sentence thereof in its entirety.

Section 7. Amend §9-405(2), Subtitle I, Title 6 of the Delaware Code by deleting the next to the last sentence thereof in its entirety and substituting in lieu thereof the following: "The uniform fee for filing, indexing and providing a copy stamped to show the file number and the hour, date and place of filing of a separate statement of assignment shall be $25 if the statement is in the standard form prescribed by the Secretary of State and otherwise shall be $50. The uniform fee shall include indexing for each name against which the statement of assignment is required to be indexed."

Section 8. Amend §9-406, Subtitle I, Title 6 of the Delaware Code by deleting the last sentence thereof in its entirety and by substituting in lieu thereof the following: The uniform fee for filing, noting and providing a

copy stamped to show the file number and the hour, date and place of filing of a statement of release shall be $25 if the statement is in the standard form prescribed by the Secretary of State and otherwise shall be $50. The uniform fee shall include indexing for each name against which the statement of release is required to be indexed."

Section 9. Amend §9-407, Subtitle I, Title 6 of the Delaware Code by

deleting such section in its entirety and substituting in lieu thereof the following:

"9-407. Information from filing officer.

If the person filing any financing statement, termination statement, continuation statement, statement of assignment, statement of amendment or statement of release shall so request, the filing officer shall provide to such person or to such person's designee a copy of such statement stamped to show the file number and the hour, date and place of filing for the original statement.

Upon the request of any person, the filing officer shall provide a certificate showing whether there is on file on the date and hour stated therein any presently effective financing statement naming a particular debtor and/or any statement of assignment, continuation, amendment, release or termination with respect thereto, and if there is, giving the date and hour of filing of each such statement and the names and addresses of each secured party therein. The uniform fee for such a certificate shall be $25 if the request for the certificate is in the standard form prescribed by the Secretary of State and otherwise shall be $35. Upon request the filing
officer shall provide a copy of any filed financing statement or any statement of assignment, continuation, amendment, release or termination with respect thereto for a uniform fee of $2 per page; provided, however, that the minimum fee for furnishing any copy under this subsection (2) shall be $5.

For each service described in subsection (1) or subsection (2) of this section that is requested to be completed within a twenty-four hour period from the time of the request, the Secretary of State shall charge the additional sum of up to $25.

For each service described in subsection (1) or subsection (2) of this section that is requested to be completed within the same day as the day of the request, the Secretary of State shall charge the additional sum of up to $50.

For each service described in subsection (1) or subsection (2) of this section that is requested to be completed within a two-hour period from the time of the request, the Secretary of State shall charge the additional sum of up to $75.

At the time of the presentation for filing of an original financing statement or a continuation statement, the person presenting such statement may request the filing officer to mail to the secured party of record at its address of record or to any other specified person a notice setting forth the date that the effectiveness of such original financing statement or continuation statement, as the case may be, shall lapse. Such notice shall be deposited in the mail by a filing officer not earlier than six months, nor later than four months prior to the date such effectiveness shall lapse. Notwithstanding the foregoing, neither the Secretary of State nor any filing officer shall have any liability to any person for any failure by a filing officer to mail timely or properly the notice described in this subsection (6).

The uniform fee for each notice requested to be mailed by a filing officer pursuant to subsection (6) of this section shall be $25, payable at the time the original financing statement or continuation statement, as the case may be, to which such notice relates is presented for filing."

Section 10. Amend Part 4, Subtitle I, Title 6 of the Delaware Code by adding a new §9-409 thereto to read as follows:

"§9-409. Execution; electronic filing.

Any signature on any writing authorized to be filed with the Secretary of State under this Article may be a facsimile. Any such writing may be filed by telecopy, fax or similar electronic transmission."

Section 11. Amend §2311(a), Chapter 23, Title 29 of the Delaware Code by inserting immediately following the words "pursuant to" the following: "§9-407(3)-(5) of Title 6,".

Section 12. Amend §2311(c), Chapter 23, Title 29 of the Delaware Code by inserting immediately following the words "pursuant to the following: "§9-407(3)-(5) of Title 6 and".

Approved July 6, 1992.