Neb. Admin. Code tit. 436 — Administrative Rules for Article 9 Uniform Commercial Code

Chapter 1 General Provisions

Neb. Admin. Code tit. 436, ch. 1 General Provisions {#sec-436-nac-1 omnilex-key=us-ne-regs-official--title-436--436 NAC 1}

100 Definitions . Terms used in these filing-office rules that are defined in the UCC and not otherwise defined in this Chapter, will have the respective meanings accorded such terms in the UCC.

100.1 Address. "Address" means either (i) a street address, route number (may include box) or PO Box number plus the city, state and zip code, or (ii) an address that purports to be a mailing address outside the United States of America.

100.2 Amendment. "Amendment" means any UCC record filed that relates to the initial financing statement. Amendments include party or collateral changes, assignments, continuations and terminations.

100.3 Assignment. "Assignment" is an amendment that assigns all or a part of a secured party’s power to authorize an amendment to a financing statement.

100.4 Information statement. "Information statement" means a UCC record that indicates a financing statement is inaccurate or wrongfully filed.

100.5 Filing office. "Filing office" means the Nebraska Secretary of State's Office.

100.6 Filing office statement. "Filing office statement" means a statement entered into the filing office’s UCC information management system to explain an action by the Filing office .

100.7 Initial financing statement. “Initial financing statement" means a UCC record that causes the Filing office to establish the initial record of filing of a financing statement.

100.8 Remitter. "Remitter" means a person who communicates a UCC record to the Filing office for filing, whether the person is a filer or an agent of a filer responsible for communicating the record for filing. Remitter does not include a person responsible merely for the drop-off delivery of a record to the Filing office for later processing, such as the postal service or delivery service . The remitter, aka "submitter" or "filer" is not necessarily the secured party.

100.9 Searchable indexes. "Searchable indexes" means the searchable index of individual debtor names and the searchable index of organization debtor names the Filing office maintains in the UCC information management system.

100.10 Secured party of record. "Secured party of record" means every party designated as a secured party in a financing statement, including those for whom an amendment has been filed purporting to delete them as a secured party or purporting to indicate they have assigned their secured interest.

100.11 Statutory Agricultural Lien(s). "Statutory Agricultural Lien" includes liens filed with the Filing office pursuant to Neb. Rev. Stat. §§52-202, 52-501, 52-701, 52-901, 52-1101, 52-1201, 52-1401 to 52-1411, 54-201, or 54-208.

100.12 UCC. "UCC" means the Uniform Commercial Code as adopted in the State of Nebraska.

100.13 UCC information management system. "UCC information management system" means the information management system used by the Filing office to store, index, and retrieve information relating to financing statement as described in Chapter 3 of these filing-office rules.

100.14 UCC record. "UCC record" means an initial financing statement, an amendment of party or collateral information, an assignment, a continuation statement, a termination statement, a Filing office statement or an Information statement, in any medium accepted by the filing office, and includes a record thereof maintained by the Filing office.

100.15 Unlapsed record. "Unlapsed record" means a UCC record that has been stored and indexed in the UCC information management system, which has a lapse date that has not yet occurred.

101 Means to deliver UCC records; time of filing . UCC records may be communicated for filing at the Filing office as follows:

101.1 Personal delivery by Remitter, at the Filing office’s street address. The file time for a UCC record delivered by this method is when delivery of the UCC record is taken by the Filing office (even though the UCC record may not yet have been accepted for filing and subsequently may be rejected).

101.2 All other methods of drop-off delivery at the filing office's street address at a place designated by the filing office. The file time for UCC records delivered by this method will be the next close of business following the time of delivery (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected).

A UCC record delivered after regular business hours or on a day the Filing office is not open for business will have a filing time of the close of business on the next day the Filing office is open for business.

101.3 Postal service delivery, to the Filing office’s mailing address. The file time for a UCC record delivered by this method is the next close of business following the time of delivery (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected). A UCC record delivered after regular business hours or on a day the Filing office is not open for business will have a filing time of the close of business on the next day the Filing office is open for business.

101.4 Electronic Mail and facsimile delivery. Electronic mail and facsimile delivery are not an acceptable means to communicate UCC records to the filing office .

101.5 Direct Electronic filing. UCC records, excluding information statements and Filing office statements, may be transmitted electronically using the XML Format approved by the International Association of Commercial Administrators. At the request of an authorized XML Remitter, the Filing office will identify which versions and releases of the XML Format are acceptable to the Filing office. The Filing office publishes an implementation guide that prescribes the use of the XML Format. The implementation guide will be available to approved stakeholders upon request. The file time for a UCC record delivered by this method is the time that the Filing office’s UCC information management system analyzes the relevant transmission and determines that all the required elements of the transmission have been received in a required format and are machine-readable.

101.6 Direct online and web page data entry. UCC records, may be delivered by online data entry using the Filing office’s website on the internet. The file time for a UCC record delivered by this method is the time the entry of all required elements of the UCC record in the proper format is acknowledged by the on-line entry system.

101.7 Means of communication. Regardless of the method of delivery, information submitted to the UCC Filing office must be communicated only in the form of characters that appear on the US ASCII character set or such information will be modified, upon entry into the UCC information management system, as provided in Rule 401. A financing statement or amendment that does not designate separate fields for organization and individual names, and separate fields for the surname, first personal name, additional name(s)/initials(s) and suffixes for individual names is not an acceptable means of communication to the Filing office .

101.8 Transmitting utility, manufactured-home and public-finance transactions. The only means to indicate to the Filing office that an initial financing statement is filed in connection with a manufactured-home or public-finance transaction, or that the debtor is a transmitting utility is on the initial financing statement.

102 Search request delivery . UCC search requests may be delivered to the Filing office by any of the following means personal delivery, drop-off delivery at the filing office's street address, postal delivery at the filing office's mail address, and direct online web page data entry.

103 Forms . The forms authorized by U.C.C. §9-521 are accepted by the Filing office. Paper based forms approved by the International Association of Commercial Administrators from time to time and forms otherwise approved by the Filing office from time to time will be accepted. A list of forms approved by the Filing office will be made available on request .

104 Filing Fees

104.1 The fee for filing and indexing a UCC record is prescribed by U.C.C. §9-525.

105 Methods of payment . Filing fees and fees for public records services may be paid by the following methods.

105.1 Cash. Payment in cash is accepted if paid in person at the Filing office.

105.2 Checks. Personal checks, cashier’s checks and money orders made payable to the Filing office may be accepted at the Filing office's discretion.

105.3 Prepaid account. A Remitter may open a prepaid account by submitting an application prescribed by the Filing office and prepaying an amount not less than $100. The Filing office will issue an account number to be used by a Remitter who chooses to pay filing fees by this method. The Filing office will deduct filing fees from the Remitter’s prepaid account as authorized to do so by the Remitter.

105.4 Debit and credit cards. The Filing office will accept payment by debit cards and credit cards of types approved by the Filing office. Payment will not be deemed tendered until the issuer or its agent has confirmed payment.

106 Overpayment and underpayment policies

106.1 Overpayment. The filing office will not refund any amount of overpayment.

106.2 Underpayment. Upon receipt of a filing with an insufficient fee, the Filing office will return the UCC record to the Remitter as provided in rule 203. The filing office will not refund any amount of underpayment.

107 Bulk Data services . Contact the filing office for information about availability, cost, format, and method of delivery.

History

• Effective 2026-05-24

Chapter 2 Acceptance and Refusal of Records

Neb. Admin. Code tit. 436, ch. 2 Acceptance and Refusal of Records {#sec-436-nac-2 omnilex-key=us-ne-regs-official--title-436--436 NAC 2}

200 Role of Filing office . Unless otherwise expressly provided for by statute, the duties and responsibilities of the Filing office with respect to the administration of the UCC are ministerial. Regarding the acceptance for filing a UCC record, the Filing office not determine that the record's information is correct, in whole or in part, or create a presumption that the UCC record information is correct.

201 Time for filing a continuation statement

201.1 First day permitted. The first day on which a continuation statement may be filed is the date corresponding to the date upon which the related financing statement (i) would lapse, and (ii) of the month which is the sixth month preceding the month in which such financing statement would lapse. If there is no such corresponding date, the first day on which a continuation may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse. The foregoing rule is subject to the ability of the Filing office to accept the continuation statement at the time and by the means submitted .

201.2 Last day permitted. The last day on which a continuation statement may be filed is the date upon which the related financing statement lapses. The last day permitted for a February 29 filing date shall be March 1 in non-leap years.

202 Grounds for refusal . The filing office will refuse a record for each applicable ground as set forth in UCC Section 9-516 and will not refuse a record for any other reason. A record that does not provide an address that meets the minimum requirements set forth in Rule 100.1 does not provide a mailing address as required by UCC Section 9-516.

203 Procedure upon refusal . If the Filing office finds grounds to refuse a UCC record, the Filing office will communicate the refusal, the reason(s) for the refusal and other related information will be made to the Remitter as soon as practicable and in any event within two business days after the refused UCC record was received by the Filing office, by the same means as it was initially delivered. Records of refusal, including a copy of the refused UCC record and the ground(s) for refusal, will be maintained until the first anniversary of the lapse date that applies or would have applied to the related financing statement, assuming that the refused record had been accepted and filed. All filing and indexing fees are nonrefundable.

204 Refusal errors . If a secured party or a Remitter believes that a UCC record that the filing office refused to file should not have been refused under Rule 202, the person may contact the filing office to request a review of the refusal decision. The person requesting review will provide the filing office with a copy of the reasons for refusal, a copy of the refused record and a statement of the basis for the person's belief that the filing office wrongfully refused to file the record. Upon receipt of a request for review, the Filing office will review the claim. If the review confirms that the record should have been refused, the Filing office will provide a written explanation of the grounds for refusal. But if it is determined that the filing office refused to accept the record in error, the filing office will file the UCC record with the filing date and time that was assigned, based on the method of delivery, by the filing office after the record was originally delivered for filing. A Filing office statement record relating to the relevant Initial financing statement will be placed in the UCC information management system on the date the corrective action was taken. A Filing office statement will provide the date of the correction and explain the nature of the corrective action taken. The record will be preserved for so long as the record of the initial financing statement is preserved in the UCC information management system.

205 Notification of defects . Nothing in these rules prevents a Filing office from communicating to a filer or a Remitter that the Filing office noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing. However, the Filing office is under no obligation to do so and may not, in fact, have the resources to do so or to identify such defects. The responsibility for the legal effectiveness of filing rests with filers and Remitters and the Filing office bears no responsibility for such effectiveness.

History

• Effective 2026-05-24

Chapter 3 Ucc Information Management System

Neb. Admin. Code tit. 436, ch. 3 Ucc Information Management System {#sec-436-nac-3 omnilex-key=us-ne-regs-official--title-436--436 NAC 3}

300 General . The Filing office uses the UCC information management system to store, index, and retrieve information relating to financing statements. The UCC information management system includes the searchable indexes. The rules in this section describe the UCC information management system.

301 Primary data elements . The primary data elements used in the UCC information management system are the following:

301.1 Identification numbers

301.1.1 Each initial financing statement is identified by a unique file number. Identification of the initial financing statement is printed on UCC records or otherwise permanently associated with the record maintained for UCC records in the UCC information management system. A record is created for each initial financing statement and all information comprising such initial financing statement is maintained in the system.

301.1.2 A UCC record other than an initial financing statement is identified by a unique file number assigned by the Filing office. In the UCC information management system, records of all UCC records other than initial financing statements are linked to the record of their related initial financing statement.

301.2 Type of record. The type of UCC record from which data is transferred is identified in the UCC information management system from information supplied by the Remitter. Types of records include initial financing statement, amendment, assignment, continuation, termination, collateral amendment, and other records permitted to be filed in relation to the financing statement.

301.3 Filing date and filing time. The filing date and filing time of UCC records are stored in the UCC information management system.

301.4 Identification of parties. The names and addresses of debtors and secured parties are stored in the UCC information management system.

301.5 Page count. The total number of pages in a UCC record is maintained in the UCC information management system.

301.6 Lapse indicator. An indicator is maintained by which the UCC information management system identifies whether or not a financing statement will lapse and, if it does, when it will lapse. The lapse date is determined as provided in Rules 306.3 and 308.

301.7 Indexes of names. The Filing office maintains in the UCC information management system a searchable index of organization debtor names, and a searchable index of individual debtor names. The Filing office may also maintain a searchable index of names of secured parties of record. Such an index need not be a separate database but may be comprised of records in the UCC information management system identified to be included in such searchable index.

302 Individual debtor names . For purposes of this rule , an “individual debtor name” is any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor who is an individual, without regard to the nature or character of the name or to the nature or character of the actual debtor.

302.1 Individual name fields. Individual debtor names are stored in data fields that include only the individual debtor names, and not organization debtor names. Separate data entry fields are established for surnames (last or family names), first personal names (given), and additional name(s)/initial(s) of individuals. The name of a debtor with a single name (e.g. “Cher”) is treated as a surname and will be entered in the individual surname field. The Filing office assumes no responsibility for the accurate designation of the components of a name but will accurately enter the data in accordance with the filer’s designations.

302.2 Titles, prefixes and suffixes. Titles, prefixes (e.g. “Ms.”) and suffixes or indications of status (e.g. “M.D.”) are not typically part of an individual debtor’s name. Suffixes used to distinguish between family members with identical names (e.g. “Jr.”) should be provided in the Suffix field. However, if the suffix appears on a driver's license or state identification card used as the source of an individual name, then the filer should consider also providing the name as a separate individual debtor with the suffix included in the Surname field. Regardless of how provided, when entering a “name” into the UCC information management system, the filing office will enter the data exactly as they appear.

302.3 Extended debtor name field. The Filing office will not refuse to accept an initial financing statement consisting of a tangible written record or an image of the UCC forms approved by the Filing office that lacks debtor information in item 1 and/or item 2 if the record includes an Addendum that provides debtor information in item 10.

302.4 Truncation - Individual names. Personal name fields in the UCC information management system are fixed in length. Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the Filing office, up to the maximum length of the data entry field. The length of data entry name fields are as follows:

302.4.1 First personal name: 100 characters.

302.4.2 Additional name(s)/initial(s): 60 characters.

302.4.3 Surname: 100 characters.

302.4.4 Suffix: 40 characters.

303 Organization debtor names . For purposes of these rules, an “organization debtor name” is any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor who is an organization, without regard to the nature or character of the name or to the nature or character of the actual debtor.

303.1 Single field. Organization debtor names are stored in files that include only organization debtor names and not individual debtor names. A single field is used to store an organization debtor name.

303.2 Truncation - Organization names. The organization debtor name field in the UCC information management system is fixed in length. The maximum length is 300 characters. Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the Filing office, up to the maximum length of the organization debtor name field.

304 Collateral being administered by a Decedent’s Personal Representative . The debtor name to be provided on a financing statement when the collateral is being administered by a decedent’s personal representative is the name of the relevant decedent. In order for the UCC information management system to function in accordance with the usual expectations of filers and searchers, the filer should provide the debtor name as an individual debtor name. However, the Filing office will enter data submitted by a filer in the fields designated by the filer exactly as it appears in such fields. The indication that the collateral is being administered by the decedent's personal representative may only be made on the initial financing statement.

305 Collateral held in a Trust . The debtor name to be provided when collateral is held in a trust that is not a registered organization is the name of the trust as set forth in its organic record(s), if the trust has such a name or, if the trust is not so named, the name of the trust’s settlor or testator. In order for the UCC information management system to function in accordance with the usual expectations of filers and searchers, the name of a trust or the name of a settlor or testator that is an organization should be provided as an organization debtor name, and the name of the settler or testator who is an individual should be provided as an individual debtor name, in each case without regard to the nature or character of the debtor. Notwithstanding the foregoing, the Filing office will enter data submitted by a filer in the fields designated by the filer exactly as it appears in such fields. The indication that the collateral is being held in a trust may only be made on the initial financing statement.

306 Initial financing statement . Upon the filing of an initial financing statement the status of the parties and the status of the financing statement will be as follows.

306.1 Status of secured party. Each secured party named on an initial financing statement will be indexed as a secured party of record.

306.2 Status of debtor. Each debtor name provided by the initial financing statement will be indexed in the UCC information management system and will remain on the record in accordance with UCC §9-519(g)

306.3 Status of financing statement. A lapse date will be calculated, five years from the file date, unless (i) the initial financing statement indicates that it is filed with respect to a public-financing transaction or a manufactured-home transaction as provided in rule 101.8, in which case the lapse date will be thirty years from the file date, or (ii) if the initial financing statement indicates that the debtor is a transmitting utility as provided in rule 101.8, in which case there will be no lapse date. The lapse date for a financing statement filed on February 29 will be the March 1 in the fifth year following the year of the filing date.

307 Amendments generally . The filing office will not delete any information from the information management system in response to an amendment. Upon the filing of an amendment the status of the parties will be unchanged, except that in the case of an amendment that adds a debtor or a secured party, the new debtor or secured party will be added to appropriate index and associated with the record of the financing statement in the UCC information management system. An amendment that designates an assignee will cause the assignee to be added as a secured party of record with respect to the affected financing statement in the UCC information management system. Notwithstanding the filing of an amendment that purports to delete a debtor or a secured party from a financing statement, no debtor or secured party of record is deleted from the UCC information management system. Except in the case of a continuation statement, the filing of an amendment does not affect the status of the financing statement.

308 Continuation statement

308.1 Continuation of lapse date. Upon the timely filing of one or more continuation statements , the lapse date of the financing statement will be extended for an additional five-year period beginning on the date the record would have lapsed in the absence of the filing of a continuation statement. The lapse date is extended once, notwithstanding the fact that more than one continuation statement is filed within a given 6-month period prior to a lapse date. Notwithstanding the immediate extension of the lapse date for those secured parties of record who file timely a continuation statement within a given 6-month period prior to a lapse date, such lapse date remains effective solely for purposes of determining whether or not a subsequent continuation statement filed in the same 6-month period is timely.

308.2 Status. The filing of a continuation statement will have no effect upon the status of any party to the financing statement or upon the status of the financing statement except to extend the lapse date as provided in 308.1.

309 Termination . The filing of a termination statement will have no effect upon the status of any party to the financing statement or upon the status of the financing statement.

310 Information statement . The filing of an information statement will have no effect upon the status of any party to the financing statement, the status of the financing statement or the information maintained in the UCC information management system.

311 Filing office statement . A Filing office statement explains a corrective action taken by the Filing office with respect to the financing statement to which it relates .

312 Procedure upon lapse . If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse date but no action is then taken by the Filing office.

313 Removal of record . A financing statement will remain in the searchable index within the UCC information management system until at least one year after it lapses. On or after the first anniversary of such lapse, the financing statement and all related UCC records may be removed from the Searchable indexes or from the UCC information management system.

313.1 Transmitting Utilities. A financing statement that indicates a debtor is a transmitting utility will remain in the searchable index within the UCC information management system until at least one year after it is terminated with respect to all secured parties of record. On or after the first anniversary of the termination date of the last remaining secured party of record, the financing statement may be removed from its searchable index or from the UCC information management system.

314 Archives-general

UCC records removed from the UCC information management system will be maintained as provided in the Records Retention Schedule 34-15 Secretary of State Business Services.

History

• Effective 2026-05-24

Chapter 4 Filing and Data Entry Procedures

Neb. Admin. Code tit. 436, ch. 4 Filing and Data Entry Procedures {#sec-436-nac-4 omnilex-key=us-ne-regs-official--title-436--436 NAC 4}

400 Errors of the Filing office . The Filing office may correct the data entry and indexing errors of Filing office personnel in the UCC information management system at any time. If a correction is made to a record of a financing statement, the Filing office will associate a Filing office statement with the record in the UCC information management system . The Filing office statement will include the date the corrective action was taken and an explanation of the correction.

401 Data entry . Data are entered into the UCC information management system exactly as provided in a UCC record, without regard to apparent errors. Data provided in electronic form are transferred to the UCC information management system exactly as submitted by the Remitter. The filing office will reject a filing containing characters not in the US ASCII character set.

402 Verification of data entry . The Filing office will verify accuracy of the data from UCC records entered in accordance with Rule 401 into the UCC information management system. Data entry performed by Remitters with respect to electronically filed UCC records is the responsibility of the Remitter and is not verified by the Filing office.

403 Reserved .

404 Redaction of certain information . The Filing office may be obligated to redact certain information from the information it provides to searchers and bulk data purchasers in accordance with applicable privacy and identity theft protection laws. Such information should not be included in UCC records and will be redacted in accordance with such laws.

History

• Effective 2026-05-24

Chapter 5 Search Requests and Reports

Neb. Admin. Code tit. 436, ch. 5 Search Requests and Reports {#sec-436-nac-5 omnilex-key=us-ne-regs-official--title-436--436 NAC 5}

500 General requirements . The Filing office maintains records for public inspection in a searchable index within the UCC information management system. Records will be retrievable by the name of the debtor or by the file number of the related initial financing statement, and each record related to an initial financing statement is retrieved with the initial financing statement using either retrieval method.

501 Search requests - required information . The following elements are required to request a search:

501.1 Name searched. A search request must set forth the name of the debtor to be searched using designated fields for organization name or individual surname, first personal name, and additional name(s)/initial(s). A search request will be processed using the data and designated fields exactly as submitted, including the submission of no data in a given field, without regard to the nature or character of the debtor that is the subject of the search.

501.2 Requesting party. The name of the person to whom the search results are to be communicated and the information required for the designated method of communication. Communication methods are described in Rule 506.

501.3 Fee. The appropriate fee will be tendered by a method described in Rule 105. All search fees are nonrefundable.

502 Search Requests - Optional information . The requesting party for a search request submitted under Rule 501 may designate the following options:

502.1 Copies. The request may limit the copies of UCC records that would normally be provided with a search report by requesting that no copies be provided.

502.2 Scope of search. A search request may ask for a search that reports all Records or all Unlapsed Records from the UCC information management system’s searchable index.

502.3 Search parameters. The request may limit the records searched by using the city and state of the debtor or start date for the search. A report created by the Filing office in response to the request shall inform the requestor that the search was limited to the particular city or state or start date. A search limited to a particular city or state or start date may not reveal all filings against the debtor searched and the searcher bears the risk of relying on such search.

502.4 Secured party search. A search request may ask for a search that reports all Records related to a particular Secured party. A search request will be processed using the data and designated fields exactly as submitted.

503 Search methodology . Search results are produced by the application of search logic to the name presented to the Filing office. Human judgment does not play a role in determining the results of the search.

503.1 Standard search logic. The following rules describe the Filing office’s standard search logic and apply to all searches except as provided 503.2.1.

503.1.1 There is no limit to the number of matches that may be returned in response to the search criteria.

503.1.2 No distinction is made between upper and lower case letters.

503.1.3 The following rules apply only to organization names:

(a) The character “&” (the ampersand) is deleted and replaced with the characters “and” each place it appears in the name.

(b) Punctuation marks and accents are disregarded. For the purposes of this rule, punctuation and accents include all characters other than the numerals 0 through 9 and the letters A through Z (in upper and lower case) of the English alphabet.

(c) The following words and abbreviations at the end of an organization name that indicate the existence or nature of the organization are “disregarded” to the extent practicable as determined by the Filing office’s programming of its UCC information management system: Agency, Association, Assn, Associates, Assc, Assoc, Attorneys at Law, Bank, National Bank, Business Trust, Charter, Chartered, Company, Co, Corporation, Corp, Credit Union, CU, Federal Savings Bank, FSB, General Partnership, Gen part, GP, Incorporated, Inc, Limited, Ltd, Ltee, Limited Liability Company, LC, LLC, Limited Partnership, LP, Limited Liability Partnership, LLP, Medical Doctors Professional Association, MDPA, Medical Doctors Professional Corporation, MDPC, National Association, NA, Partners, Partnership, Professional Association, Prof Assn, PA, Professional Corporation, Prof Corp, PC, Professional Limited Liability Company, Professional Limited Liability Co, PLLC, Railroad, RR, Real Estate Investment Trust, REIT, Registered Limited Liability Partnership, RLLP, Savings Association, SA, Savings Association, SA, Service Corporation, SC, Sole Proprietorship, SP, SPA, Trust, Trustee, As Trustee.

(d) The word "the" at the beginning of an organization debtor name is disregarded.

(e) All spaces are disregarded.

503.1.4 The following search rules apply to individual debtor names:

(a) Surname. The individual debtor surname on a filed record must exactly match the surname of the search request. The search logic does not provide equivalencies for the surname filed, nor does the search logic disregard titles, suffixes or ending noise words of any type if entered in the surname field.

(b) First Personal Name. The following equivalencies apply:

(1) A first personal name is the logical equivalent of the first initial of the name.

(2) An initial (a single letter) is the logical equivalent of all first personal names that begin with that letter.

(3) No first personal name or initial is the logical equivalent of all first personal names and initials.

(c) Additional Names/Initials. The following equivalencies apply:

(1) A name is the logical equivalent of the first initial of the name.

(2) An initial (a single letter) is the logical equivalent of all names that begin with that letter and no entry in the additional names/initials field.

(3) No entry in the additional names/initials field is the logical equivalent of all names and initials.

(d) Search Results. Only records that exactly match the surname field under subsection (a); exactly match the first personal name after application of the equivalency rules in subsection (b); and that exactly match the additional names/initials field after application of the equivalency rules in subsection (c) will be reported.

(e) Single Names. If the name being searched is the surname of an individual debtor name without any first personal name or additional name(s)/initial(s) provided, the search will retrieve all financing statements from the UCC information management system with individual debtor names that consist of only the surname.

(f) Search Result Examples

(1) A search request for “John A. Smith” (first personal name and surname with an initial in the additional name(s)/initial(s) field) would cause the search to retrieve all filings against all individual debtors with (i) “John” or the initial “J” as to the first personal name, (ii) “Smith” as the surname, and (iii) no name or initial, the initial “A” or any name beginning with “A” in the additional name(s)/initial(s) field.

(2) A search request for “J.A. Smith” (initial for first personal name, surname and an initial for the additional name(s)/initial(s) field), would retrieve all filings against individual debtors with (i) the initial “J” or any name beginning with “J” as the first personal name (ii) “Smith” as the surname, and (iii) no name or initial, the initial “A” or any name beginning with “A” in the additional name(s)/initial(s) field.

(3) A search for “John Smith” (first personal and surname with no designation in the additional name(s)/initial(s) field), would retrieve all filings against individual debtors with (i) “John” or the initial “J” as the first personal name, (ii) “Smith” as the surname and (iii) any entry or no entry in the additional name(s)/initial(s) field.

503.1.5 After applying the preceding rules to the name being searched, the search will retrieve from the UCC information management system’s searchable index all Unlapsed Records, or, if requested by the searcher, all records, that pertain to financing statements with debtor names that, after application of this Rule 503, exactly match the modified name being searched.

503.2 Non-standard search logic

503.2.1 A non-standard (contains) search methodology is used to check against non-UCC liens or miscellaneous liens maintained by the Filing office including Federal Tax Liens, State Tax Liens, and Judgment liens (including Abstract of Judgment, Criminal Fine Enforcement and Notice of Lien for Fine or Penalty for Sentencing), and Farm Product Security Interests (EFS filings).

504 Changes in standard search logic . If the Filing office changes its standard search logic or the implementation of its standard search logic in a manner that could alter search results, the Filing office will provide prior public notice of such change.

505 Search responses . Responses to a search request will include the following:

505.1 Copies. Copies of all UCC records retrieved by the search unless only limited copies are requested by the searcher. Copies will reflect any redaction of personal identifying information required by law.

505.2 Introductory information. A Filing office will include the following information with a UCC search response:

505.2.1 Filing office identification. Identification of the Filing office providing the search response.

505.2.2 Unique search report identification number. Unique number which identifies the search report.

505.2.3 Report date and time. The date and time the report was generated.

505.2.4 Through date and time. The date and time at or prior to which a UCC record must have been filed with the Filing office in order for it to be reflected on the search.

505.2.5 Certification language. The following certification language will be included when a certified search is requested: I, [Name of Secretary of State], Secretary of State do hereby certify that below is a summary of all UCC records, Federal and State tax liens, Judgment liens, and Statutory Agricultural liens maintained by the Filing office as of the date and time indicated on the search for the name and search criteria provided.

The state seal will be included on the certification.

505.2.6 Scope of search All/Unlapsed

505.2.7 Search logic used. [Standard/Non-Standard Contains]

505.2.8 Name provided. Name as provided by searcher.

505.2.9 Search string. Name as searched after application of Rule 503.

505.2.10 Lien type or types searched. [UCC, Federal and State tax liens, Judgment liens, Statutory Agricultural Lien]

505.2.11 Copies. Copies of all UCC records revealed by the search and requested by the searcher.

505.3 Report. The search report will contain the following:

505.3.1 Identification. Identification of the Filing office providing the search report.

505.3.2 Search report identification number. Unique number assigned under Rule 505.2.2

505.3.3 Identification of financing statement. Identification of each initial financing statement, including a listing of all related amendments, information statements, or Filing office notices, filed on or prior to the through date corresponding to the search criteria (including whether the searcher has requested all records or only Unlapsed records from the searchable index). Financing statement information will include, but is not limited to the following:

505.3.3.1 Initial financing statement file number.

505.3.3.2 Initial financing statement filing date and time.

505.3.3.3 Lapse date.

505.3.3.4 The name of each debtor that appears of record.

505.3.3.5 The address of each debtor that appears of record.

505.3.3.6 The name of each secured party that appears of record.

505.3.3.7 The address of each secured party that appears of record.

505.3.3.8 An indication of each type of amendment, if any.

505.3.3.9 The date and time each amendment, if any, was filed.

505.3.3.10 The file number of each amendment, if any.

505.3.3.11 The filing date and time of each information statement, if any.

505.3.3.12 The filing date and time of each Filing office statement, if any.

506. Mode of Communication.

506.1 Personal pick-up. The requesting party may pick-up search results at the street address of the Business Services Division of the Filing office during regular business hours, Monday through Friday, 8 a.m. to 5 p.m. Central Standard Time, Holidays excepted.

506.2 U.S. Postal Service. The requesting party must indicate a complete mailing address on each search request.

506.3 All other delivery service methods (aka UPS, FedEx, etc). Requesting party must include the address the search results will be delivered to on each request and must provide a prepaid label or envelope.

506.4 Electronic mail. Reserved.

506.5 Facsimile. Reserved.

506.6 Online Portal. The requestor may obtain search results in the online portal business.nebraska.gov. The requester may need additional software to view and process the results.

History

• Effective 2026-05-24

Chapter 6 Other Notices of Liens

Neb. Admin. Code tit. 436, ch. 6 Other Notices of Liens {#sec-436-nac-6 omnilex-key=us-ne-regs-official--title-436--436 NAC 6}

600 The purpose of rules in this section is to describe records of liens maintained by the Filing office created pursuant to statutes other than the UCC that are treated by the Filing office in a manner substantially similar to UCC Records and are included upon request with the reports described in rule 505.3.

601 Tax Liens

601.1 Notice of Federal Tax Lien

601.1.1 Duration. The federal tax lien continues until the liability for the amount assessed is satisfied or becomes unenforceable by reason of lapse of time, IRC §6322. Generally, after assessment, the Internal Revenue Service has ten years to collect the tax liability. IRC §6502. However, there are some circumstances which may extend or suspend the ten-year collection period. Quoted from Internal Revenue Service, Internal Revenue Manual 5.17.2.2.2 (03-27-2012) chapter regarding Duration of the Federal Tax Lien.

601.1.2 Mechanics of search. See search logic described in rule 503.2.

601.1.3 Fee for search. UCC searches include all Federal Tax lien listings in the database for the customary search fee provided in statute.

601.2 Notice of State Tax Lien

601.2.1 Duration. The duration of a State Tax Lien is 10 years from the date of recording.

601.2.2 Mechanics of search. See search logic described in Rule 503.2.

601.2.3 Fee for search. UCC searches include all State Tax Lien listings in the database for the customary search fee provided in statute.

601.3 Judgment liens. Including Abstract of Judgment, Criminal Fine Enforcement Liens and Notice of Lien for Fine or Penalty for Sentencing.

601.3.1 Duration. The duration of Abstracts of Judgment, Criminal Fine Enforcement Liens, and Notice of Lien for Fine or Penalty for Sentencing is 20 years from the date of record.

601.3.2 Mechanics of search. See search logic described in Rule 503.2.

602 Statutory Agricultural Liens

602.1 Treatment as UCC agricultural lien. A Statutory Agricultural Lien will be treated in all respects as an agricultural lien as provided in Article 9, Uniform Commercial Code and may be enforced in the matter and form provided for the enforcement of secured transactions as provided in Article 9, Uniform Commercial Code except as otherwise provided by law.

602.2 Mechanics of filing. Statutory Agricultural Liens are filed in the same manner as an initial financing statement and may use all forms and formats of communication permitted to be used in connection with initial financing statements.

603 Farm Product Security Interests (EFS statements)

603.1 Mechanics of filing. EFS (Effective Financing Statements) are filed in the Filing office.

603.1.1 Duration. The duration is 5 years from date of filing.

603.1.2 Mechanics of search. See search logic described in rule 503.2.

History

• Effective 2026-05-24