Why Notify A Location?
Filings are done regionally. Sometimes a filer is within the state being filed in which case a notification is not necessary.
For instance a fliers primary location of usage is New York and their regional Filing Location is New York. No notification would be necessary.
Now for instance a filers primary location of usage is Pennsylvania and their regional Filing Location is New York.
A notice would be provided to Pennsylvania to put them on notice as to the filing in the regional filing location.
Notifying Additional Locations
At times, if you move or sojourn in multiple locations (States) it may be wise to notify additional locations. There are a couple different ways to do so. If you looking to sojourn are in a regional filing location (Colorado, Florida, Iowa, Kansas, or New York) or a location you think will accept a UCC Filing then an In Lieu Filing would be a wise course of action. Alternatively if you are not in a regional or accepting location then filing a notification of record would be the best course of action.
What is the difference between a filing and a notice?
- A filing would be a record that is accepted into the location and kept on public record. If possible a filing is a good thing as it can be referenced easily at a later time in the public record.
- The in Lieu can be filed as a pointer record pointing back to the original filing location It can be purchased here:
- A Notice on the other hand does not need to be accepted, just served. Think of it like this I tell you "Hey your car is on fire." Can you reject the notice? No of course not, it will not change the fact that you have been notified even if you don't like the information. With a notice you must keep the record of service to prove the notice has been provided and the burden of proof would be on you.
If you are an expedited filer do note that all expedited filings are filed in Colorado as a nationals filing for the following reasons:
1) Expediency of filing as the filing can be done online and is available immediately.
2) It is the largest regional hub.
3) The ease of use in working with the filing division is the best we have seen.
A notice is also provided to the notification state on your file.
That being said if you would like to go above and beyond... Expedited Filers may receive a free in lieu filing upon request. Please simply reach out to Guy in Document Compilation and Sales please feel free to call or text at 707-797-7971 to request a free In Lieu Filing.
If you do not have the Expedited filing set and would like an In Lieu filing it can be purchased here:
Notifying Additional Locations Using a Notification of Record
Locate the Notification of Record to the Secretary of State from your filing. (1 Page)
Find the Address for the location you want to serve:
Make an address label or fill in the blank on the Notification of Record at the top left for the "To:" location with the address located in the previous step.
Next prepare a 9 by 12 envelope for the Notice.
Send the 1 page Certified Mail Return Receipt filling out the top of the document with the tracking number.
(It can also be wise to take a picture of the entire thing for your records.)
Once you receive the return receipt back in the mail make sure to keep it in a safe place for your records as proof of service.