With the passage of legislation in 1993, the state of
Georgia established a statewide system for the indexing of
Uniform Commercial Code documents. Georgia became the first
state in the nation to privatize this traditional state
function by outsourcing the indexing of the instruments to a
third-party vendor.
Under the
current system, a secured party need only file in one county
to receive statewide notification of his lien position. When a
filing is presented to a local clerk of superior court, the
clerk has 24 hours in which to transmit the UCC document to
the Authority and the Authority then has 24 hours in which to
add the filing to the statewide index. Prior to 1995, it was
necessary to file in all 159 Georgia counties to receive
statewide notification. The central index provides secured
parties with greater protection while saving them both time
and money.
The Authority provides free,
statewide access to its database through search terminals
installed in all clerk of superior court offices.
Additionally, the system was upgraded to allow Internet access
by subscription for parties desiring 24-hour, seven-day-a-week
access.
History of UCC Article 9
Revised Article 9 (RA9) of the UCC is the result
of a ten-year project by the National Conference of
Commissioners on Uniform Laws (NCCUSL). NCCUSL is a
quasi-state reform group that recommends uniform legislation
for all 50 states. RA9 became effective July 1, 2001 across the nation.
Revised Article 9 gives much greater responsibility to the private
sector. At the same time, it removes responsibility, liability
and all discretion from the filing officers (Clerks of
Superior Court) and the filing system. The customer is
completely responsible for filing accurate information and for
knowing the correct name or names under which the filings
should be searched.
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