We index information in the UCC system based upon the name of the debtor.
What are the most common reasons for rejection of a UCC filing?
T.C.A. § 47-9-516(b) provides a list of rejection reasons. The following are some examples:
The UCC filing is not filed on the proper form. The appropriate forms are the Tennessee forms prescribed by T.C.A. § 47-9-521 and those approved by the International Association of Commercial Administrators (IACA).
The correct total amount due for the filing fee and recording tax (if applicable) was not submitted. Note: When an inadequate payment amount for multiple transactions is submitted with a UCC3, all transactions are rejected.
When filing an amendment, the initial financing statement file number is not legible or cannot be matched to an un-lapsed initial 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.
When an initial financing statement or an amendment that increases the maximum principal indebtedness does not include the required indebtedness language.
A check could not be honored.
The original file number (UCC1) was not provided when you submitted a UCC3.
Please be sure that any filing not submitted on a Secretary of State form (especially search requests) includes all of the required information. Our forms contain all of the required information.
What happens if I file a Title III (HAVA) complaint?
Complaints must be filed on a Title III HAVA complaint form. Complaint forms may be found at your local county election office, the State Coordinator of Elections office or online.
All complaints must be in writing, notarized, signed, and sworn to by the complainant. The complaint may be filed with either the Coordinator of Elections or the local county election office.
Once a formal complaint is filed, the Coordinator of Elections or designee will decide the resolution of the complaint.
A complainant may request a hearing on the record.
The Coordinator of Elections or designee will gather information which may include written responses from the parties. Once all the information is gathered, the Coordinator of Elections or designee will determine whether or not there is a violation of Title III.
If it is determined that a violation of Title III has occurred, the State shall provide an appropriate remedy in accordance with Title III.
If it is determined that no violation of Title III has occurred, the State shall publish the dismissed complaints of the procedures.
A final determination must be made within 90 days of the complaint being filed. Only the complainant may agree to extend this period of time.
If a final determination is not made within 90 days and no extension is granted, the complaint shall be resolved within 60 days through alternative dispute resolution. All previous proceedings, including the record and any correspondence, shall be forwarded to an administrative law judge for alternative dispute resolution.
Does my complaint qualify as a Title III HAVA complaint?
Title IV of the Help America Vote Act requires each state to establish a state-based administrative complaint procedure. This procedure allows individuals to file a complaint if any person believes that a violation under Title III of the Help America Vote Act has occurred, is occurring or is about to occur.
A violation of Title III would include issues dealing with the following HAVA sections:
voting system standards
provisional voting
voter information requirements
statewide voter registration database and
accessibility for persons with disabilities
If your complaint does not fall within one of the above categories, you may still file a complaint with your local county election office, the State Coordinator of Elections office or online using a general complaint form.