WASHINGTON, DC – A new report designed to help state business filing agencies enhance their policies for removing fraudulent Uniform Commercial Code (UCC) filings from the public record is now available online.
The National Association of Secretaries of State (NASS) today released its report on bogus UCC filings, entitled, "State Strategies to Subvert Fraudulent Uniform Commercial Code (UCC) Filings." Created to address the persistent challenges that state government officials and the individuals who are targeted by bogus UCC claims often face, the report was developed with input from secretaries of state and state business division professionals throughout the U.S. It is specifically written for state leaders and policy makers who are working on laws and policies to address the growing problem of fraudulent UCC filings.
"Given the dramatic rise in the number of fraudulent UCC filings in the past few years, NASS has produced this report to help identify new ways that states can provide expedited relief to victims and potentially reduce a significant amount of backlog in our courts," remarked NASS President Ross J. Miller, Nevada Secretary of State.
Drawing from state examples, the report highlights common elements of bogus UCC filings and new state laws that seek to address the proliferation of such claims. The national increase in the number of fraudulent UCC filings, and the growing sovereign citizens movement that is fueling this jump, are also explained. The important role of the Uniform Commercial Code (UCC) in the creation of state solutions is discussed, along with the influence that the model law has on the role and the authority of state filing offices. Appendices include details on UCC-related laws and practices in many states, including criminal and civil penalties for submitting fraudulent liens.
The report is designed as a follow-up to a set of 2006 recommendations produced by a joint NASS/IACA (International Association of Commercial Administrators) Bogus Filings Task Force, which established landmark guidelines for judicial remedies and criminal penalties related to fraudulent UCC filings.
"This report provides substantive guidance for states that are contemplating ways to develop faster, less costly options for keeping bogus liens out of public records," noted Nebraska Secretary of State John Gale, who proposed a number of recommendations that became the basis of the report. "We have taken a proactive approach to this problem in Nebraska, and we will continue to be vigilant in protecting our citizens from these spurious claims."
Click here to download full report (PDF file)
Founded in 1904, the National Association of Secretaries of State (NASS) is the nation's oldest, nonpartisan professional organization for state officials. Members included the 50 states, the District of Columbia, American Samoa and Puerto Rico. NASS serves as a medium for the exchange of information between states and fosters cooperation in the development of public policy. The association has key initiatives in the areas of elections and voting, state business services, and digital archiving, as well as several well-established awards programs.
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