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05:04:04:09Acceptance and refusal of records -- Role of

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

filing officer. The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. When filing or refusing to file a UCC record pursuant to this chapter, the filing officer does not: (1) Determine the legal sufficiency or insufficiency of a record; (2) Determine that a security interest in collateral exists or does not exist; (3) Determine that information in the record is correct or incorrect, in whole or in part; and (4) Create a presumption that information in the record is correct or incorrect, in whole or in part.

Source: 28 SDR 23, effective July 18, 2001.

General Authority

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