Michigan Administrative Code (Last Updated: November 16, 2016) |
Department ST. State |
Office of Customer Services |
Chapter Uniform Commercial Code Filing Office Rules |
Part 4. FILING AND DATA ENTRY PROCEDURES |
Section 440.408. Data entry of names; no designated fields.
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(1) If an initial financing statement or an amendment that adds a debtor to a financing statement fails to specify whether the debtor is an individual or an
organization and is accepted for filing in error, then all of the following provisions apply:
(a) When not set forth in a field designated for individual names, a name is treated as an organization name if it contains words or abbreviations that indicate status such as any of the following and similar words
or abbreviations in foreign languages:
(i) Association.
(ii) Church.
(iii) College.
(iv) Company.
(v) Co.
(vi) Corp.
(vii) Corporation.
(viii) Inc.,
(ix) Limited.
(x) Ltd.
(xi) ) Club.
(xii) Foundation.
(xiii) Fund.
(xiv) L.L.C.
(xv) Limited liability company.
(xvi) Institute.
(xvii) ) Society.
(xviii) ) Union.
(xix) Syndicate.
(xx) GmBH.
(xxi) i) S.A. de C.V.
(xxii) Limited partnership.
(xxiii) L.P.
(xxiv) Limited liability partnership.
(xxv) L.L.P.
(xxvi) i) Trust.
(xxvii) Business trust.
(xxviii) i) Co-op.
(xxix) erative.
(xxx) Other designations established by statutes to indicate a statutory organization. In cases where organization or individual status is not designated by the filer and is not clear, the filing officer shall enter the name in the organization field.
(b) A name is entered as the name of an individual and not the name of an organization when the name is followed by a title substantially similar to one of the following titles or the equivalent of one of the following titles in a foreign language:
(i) Proprietor.
(ii) Sole proprietor.
(iii) Proprietorship.
(iv) Sole proprietorship.
(v) Partner.
(vi) General partner.
(vii) President.
(viii) Vice president.
(ix) cretary.
(x) Treasurer.
(xi) ) M.D.
(xii) O.D.
(xiii) ) D.D.S.
(xiv) Attorney at law.
(xv) Esq.
(xvi) Accountant.
(xvii) ) CPA.
In such cases, the title is not entered.
(c) Where it is apparent that the name of an individual and the name of an organization are stated on a single line and not in a designated individual name field, the name of the individual and the name of the organization shall be entered as 2 separate debtors, 1 as an individual and 1 as an organization. Additional filing fees for the additional debtor name will be required.
(2) If an initial financing statement or an amendment that adds a debtor to a financing statement fails to designate the last name of an individual debtor and is accepted for filing in error, or if only the last name of an individual debtor is designated in an initial financing statement or an amendment that adds a debtor to a financing statement, then all of the following provisions apply:
(a) An initial in the first position of the name is treated as a first name.An initial in the second position of the name is treated as a middle name.
(b) An initial and a name to which the initial apparently corresponds, as indicated by parentheses or similar punctuation, is entered into 1 name field only.
(c) Two individual names contained in a single line are entered as 2 different debtors.
(d) A 1-word name is entered as a last name.
(e) A nickname, as indicated by parentheses or similar punctuation, is entered in the name field together with the name preceding the nickname, or if none, then as the first name.
History: 2002 MR 21, Eff. Nov. 20, 2002.