Section 44.37.027. Uniform commercial code filing.

   (a) The Department of Natural Resources shall maintain a central filing office for the filing of documents relating to secured transactions under AS 45.29.
   (b) The Department of Natural Resources may adopt regulations prescribing the records to be maintained and the documents to be filed, consistent with AS 45.29, and regulations authorizing the forms to be used under AS 45.29.516(b)(8).
   (c) The Department of Natural Resources shall prescribe in regulation, and account for, filing fees and shall do all other things necessary to maintain the central filing office. For a document that is to be filed for multiple purposes, the department may collect the applicable filing fee for each of the multiple purposes.
   (d) To keep the filing office regulations and practices of the filing office in harmony with the regulations and practices of filing offices in other jurisdictions that enact laws that are substantially similar to AS 45.29.501 - 45.29.525, and to keep the technology used by the filing office compatible with the technology used by filing offices in those other jurisdictions, the Department of Natural Resources, so far as is consistent with the purposes, policies, and provisions of AS 44.37.010 - 44.37.050, in adopting, amending, and repealing filing office regulations, shall
        (1) consult with filing offices in other jurisdictions that enact laws that are substantially similar to AS 45.29.501 - 45.29.525; and
        (2) consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization; and
        (3) take into consideration the regulations and practices of, and the technology used by, filing offices in other jurisdictions that enact laws that are substantially similar to AS 45.29.501 - 45.29.525.
   (e) The Department of Natural Resources shall report annually on or before January 15 to the governor on the operation of the filing office described in AS 45.29.501(a)(2). The report must contain a statement of the extent to which the filing office regulations are not in harmony with
        (1) the regulations of filing offices in other jurisdictions that enact laws that are substantially similar to AS 45.29.501 - 45.29.525 and the reasons for these variations; and
        (2) the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators, or any successor organization, and the reasons for these variations.
   (f) Under AS 37.05.146(c), fees for services of the Department of Natural Resources related to uniform commercial code filing under this section shall be accounted for separately, and appropriations from the account are not made from the unrestricted general fund.

Authorities

45.29.102;45.29.501

Notes

Implemented As

11 AAC 05.010
11 AAC 06.051
11 AAC 06.061
11 AAC 06.062
11 AAC 06.063
11 AAC 06.110
11 AAC 06.120
11 AAC 06.900

References

AS 45.29.102 Definitions.
AS 45.29.501 Filing office.

History

(Sec. 10 ch 119 SLA 1996; am Sec. 2 ch 113 SLA 2000; am Sec. 4 ch 51 SLA 2001; am Sec. 3 ch 76 SLA 2008)