C.F.R. » Title 9 » CHAPTER II—AGRICULTURAL MARKETING SERVICE (FAIR TRADE PRACTICES PROGRAM), DEPARTMENT OF AGRICULTURE › PART 205—CLEAR TITLE—PROTECTION FOR PURCHASERS OF FARM PRODUCTS

9 C.F.R. § 205.203

Place of filing EFS

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The place of filing an EFS is wherever State law requires, which need not be with the system operator so long as the system operator receives the information needed for the master list, including the information required in subsection (c)(4)(C). Note that the requirements in subsection (c)(4) for an EFS include the requirement that it be “filed with the Secretary of State,” but the definition in (c)(11) of “Secretary of State” includes ”designee of the State,” and the requirements in (c)(2) for a system refer in (A) to filing with the system operator of “effective financing statements or notice of such financing statements.” (emphasis added)

(Approved by the Office of Management and Budget under control number 0580-0016) [51 FR 29451, Aug. 18, 1986, as amended at 71 FR 56343, Sept. 27, 2006]
Notes of Decisions
Cited in 1 case, 1999–1999 · leading case: Ag Servs. of Am., Inc. v. United Grain, Inc., 75 F. Supp. 2d 1037 (D. Neb. 1999).
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Ag Servs. of Am., Inc. v. United Grain, Inc., 75 F. Supp. 2d 1037 (D. Neb. 1999). · cites it 2× “” 9 C.F.R. § 205.203 (West 1999). In other words, under the federal statute, the place of filing is not important so long as the required information makes it to the central filing system.”
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