TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 9

SECURED TRANSACTIONS

PART 5.

FILING

28-9-516A.  Filing officer duties. (1)  The filing officer shall not file an initial financing statement or financing statement amendment:

(a)  Which contains an assumed business name for either an individual or a business entity other than a general partnership if the assumed business name is designated as an assumed business name and the true name of the person using the assumed business name is not included.

(b)  When an individual debtor and an individual secured party would, as a result of the filing, appear to be the same individual on the financing statement.

(2)  The filing officer may require, prior to filing, reasonable proof from the secured party that an individual debtor is in fact a "transmitting utility" as defined in section 28-9-102, Idaho Code, if a filing indicates that the debtor is a transmitting utility.

(3)  The filing officer may, prior to filing, cause to be unreadable any signatures, social security account numbers, taxpayer identification numbers, and employer identification numbers that appear on financing statements or financing statement amendments.

(4)  The secretary of state may petition the district court in Ada county for an order to show cause why filings not in compliance with subsections (1) and (2) of this section should not be deleted from the files and records of the secretary of state.

History:

[28-9-516A, added 2003, ch. 206, sec. 1, p. 549; am. 2012, ch. 145, sec. 15, p. 403.]