Medium or format by which copies of the Uniform Commercial Code documents filed with the Department of State will be available to the public.
Purpose:
To revise existing regulation to provide for expanded forms of data transfer.
Text of proposed rule:
Subdivision (d) of section 143-5.1 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended to read as follows:
(d) The central filing office shall collect a fee of three hundred dollars ($300.00) for providing a copy on microfilm or by suitable electronic media of UCC documents filed with the central filing office during any calendar month. [Microfilm copies] Copies are offered for sale subject to availability. The central filing office [may limit the production of microfilm copies to such quantity as it determines from time to time to be appropriate, and the central filing office may discontinue the production of microfilm copies at any time] shall retain the authority to alter from time to time the medium by which copies of filed UCC documents will be made available for a fee.
Text of proposed rule and any required statements and analyses may be obtained from:
Barbara Frament, Department of State, Division of Corporations, 41 State St., Albany, NY 12231, (518) 473-2278, e-mail: barbara.frament@dos.state.ny.us
Data, views or arguments may be submitted to:
Richard DiGiovanna, Department of State, Division of Corporations, 41 State St., Albany, NY 12231, (518) 473-2278, e-mail: richard.digiovanna@dos.state.ny.us
Public comment will be received until:
45 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Consensus Rule Making Determination
The Department of State has concluded that this rule making makes technical changes or is otherwise non-controversial and therefore no person is likely to object to its adoption. The proposed rule would amend subdivision (d) of section 143-5.1 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York. Currently, this regulation provides for the collection of a prescribed fee of $300.00 for a microfilm copy of Uniform Commercial Code (UCC) documents filed with the Department of State during any calendar month. Subdivision (d) was adopted in response to the provisions of Uniform Commercial Code § 9-523(f) which directs the Secretary of State to offer to sell or license to the public on a nonexclusive basis copies of all UCC records filed with the Department of State. Such copies are to be available in every medium that from time to time is available to the Department.
The Department has recently begun imaging UCC documents filed with the Department in order to create a permanent record. Consequently, the Department is now able to offer for sale copies of filed UCC documents in a medium other than microfilm. Therefore, it is appropriate to amend the regulation that pertains to the sale to the public of copies of UCC documents filed by the Department of State. The Department now can provide copies by means of electronic media and is no longer limited to microfilm. Adoption of this proposed rule making will advise potential customers of the availability of this product in a new medium. The associated fee for obtaining the requested copies is not being changed at this time.
The nature of the regulation that is the subject of this rule making makes it highly unlikely that any one will object to its adoption. The rule making will not impose any requirement upon any regulated party. The underlying regulation is only applicable to parties as a result of their own choice. The associated fee is one that is already established for the product offered. The rule making merely provides parties with a new medium for a currently available product. Therefore, it is appropriate to characterize this rule making as a consensus rule. The definition of that term set out as subdivision 11 of State Administrative Procedure Act § 102 provides: “Consensus rule” means a rule proposed by an agency for adoption on an expedited basis pursuant to the expectation that no person is likely to object to its adoption because it merely … (c) makes technical changes or is otherwise non-controversial. As the proposed rule making merely implements technical changes, no one is likely to object to its adoption.
Job Impact Statement
The Department of State has concluded after reviewing the nature and purpose of the proposed rule that it will not have an adverse impact on jobs and employment opportunities in New York. The proposed rule making would amend 19 NYCRR Part 143 to establish updated requirements for UCC documents filed in the central filing office. The proposed amendment would provide for future advancements in technology as the use of microfilm gradually diminishes and newer electronic media become more efficient. The proposed change would keep the regulation in line with current changes in the job market, and thus have a generally neutral impact on jobs. The fee of three hundred dollars for a copy of UCC documents filed during a thirty day period would not be changed.
The Department finds that it is evident from the subject matter of the rule that it could only have a positive impact or no impact on jobs and employment opportunities.
