The Oklahoma EFS-1 Form, or Effective Financing Statement, serves as a fundamental tool for individuals or businesses to signal a secured interest in Oklahoma-produced agricultural products. By detailing debtor information, the specific agricultural products subject to the security interest, and the corresponding counties where these products are produced, this form enables the lienholder to notify potential buyers of their interest. For those needing to complete the EFS-1, the process is streamlined with a filing fee of $10.00, payable to the Oklahoma Secretary of State, and requires submission in triplicate with original ink signatures.
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In navigating the nuances of agricultural finance within Oklahoma, the Effective Financing Statement, known as the EFS-1 form, plays a pivotal role. This form, designed for the purpose of establishing a public record of secured transactions in farm products, underscores the intricate interplay between creditors and debtors in the agricultural sector. With a modest filing fee and directed towards the Oklahoma Secretary of State, the document mandates specific information about the debtor, the secured party, and the agricultural products under the lien. Required to be submitted in triplicate and with original signatures inked on at least one copy, the detailed listing of products—alongside their respective codes, names, and counties of production—renders a comprehensive snapshot of the security interest coverage. Moreover, the form's stipulation of a five-year effectiveness, with options for extension and the necessity for thorough instructions, accentuates its role not merely as a procedural formality but as a critical instrument for legal clarification and protection. Facilitating notice to potential purchasers of agricultural products about existing liens, the EFS-1 form thus emerges as a cornerstone in the safeguarding of interests within Oklahoma's agricultural financing landscape.
EFS-1
Oklahoma Effective Financing Statement
FILING FEE $10- payable to Oklahoma Secretary of State
Please read instructions before completing the form.
For Secretary of State Use Only
Submit in triplicate with signatures in ink.
Section I
1. Debtor Name, Address
2. Debtor Name, Address
SSN/TIN
Signature_____________________________________________
SECURED PARTY Name, Mailing Address
3. Debtor Name, Address
SSN/ TIN
Authorized Signature__________________________________
Section II PRODUCTS SUBJECT TO A SECURITY INTEREST. Product Code, Product Name and County Produced MUST be filled in. See current Product and County code lists. Crop year and description are optional. See instructions. The secured party has an interest in the farm products listed and the proceeds from these products while this Effective Financing Statement is active.
Product
Product Name
County
Crop
Product Description
Code
Produced
Year
SOS/EFS-1 form 11/2009
Instructions for Completing the EFS-1 Form
This statement must be typed or legibly printed. Submit the EFS in triplicate to receive a filed stamped confirmation copy. For faster return of the confirmation copy, include a self-addressed stamped envelope. Please sign original signatures in ink. Original signatures are required on at least one statement. Additional statements may have photo copied or carbon signatures.
DEBTOR NAME: A debtor is any person or business subjecting an Oklahoma-produced agricultural product to a security interest. A debtor can be an individual, partnership, corporation, limited liability company, trust or any other business entity.
List only one individual, business or DBA per debtor block. A debtor may not be listed more than once on the EFS-1 form. For individuals, list the last name followed by the first name and middle name or initial. Put nicknames in parenthesis. For businesses, list the first word or character that is not an article or punctuation mark. The DBA must be listed as a separate debtor with an ID number and a signature.
ADDRESS: A street address, rural route or post office box, city, state and zip code must be entered.
SOCIAL SECURITY NUMBER OR FEDERAL TAX IDENTIFICATION NUMBER: For individuals, their social security number must be listed. For each business, the Tax ID number must be listed. For a business without a Tax ID number, the owner’s social security number may be listed for one business.
SIGNATURE: Each debtor block MUST have a signature. For businesses, an authorized representative must sign his or her
name.
SECURED PARTY: Name, mailing address and Tax ID number must be completed. If an individual is listed as the secured party, he or she must sign. For a business, an authorized representative must sign. One secured party per filing.
Section II (See Product and County Code lists for help in completing this section)
PRODUCT CODE: The three-digit product code for each farm product must be listed. To cover all products, each product must be listed on the EFS form. There is no blanket code to cover all products.
PRODUCT NAME: The product name from the product list must be entered. There is a limit of 20 product listings per EFS
filing.
COUNTY PRODUCED: The two-digit county code where the farm product is produced must be listed. This must be an Oklahoma county. The code “00” may be used to blanket all 77 Oklahoma counties.
CROP YEAR: No entry is required if all crop years are covered. If no crop year is listed, the EFS is applicable for every crop year for the duration of the lien. If fewer than all crop years are covered, the four-digit crop year must be listed
DEFINITION: For a crop grown in the soil: the calendar year in which it is harvested or to be harvested. For animals: the calendar year in which they are born or acquired.
For poultry or eggs: the calendar year in which they are sold or to be sold.
PRODUCT DESCRIPTION: No entry is required if all of a product is covered. If less than all of a product is covered, describe the product or location to distinguish it from other such products owned by the debtor that are not subject to the security interest. Please describe only the product listed. The filing is applicable only for the product description listed. Brand symbols cannot be included unless they can be typed on a normal keyboard.
DURATION OF FILING: An EFS is effective for five years from the filing date of the EFS-1, unless a termination is filed. To extend the expiration date by five years, a continuation (EFS-2) may be filed within the six months before the EFS will expire. PURPOSE OF FILING: Notice is provided to registered buyers of agricultural products that you have a lien against the collateral listed so a two-party check may be issued. The EFS does not perfect your security interest in the collateral.
ATTACHMENTS: If there is more debtor or product information than can be listed on the first EFS form, write SEE ATTACHMENT at the top of the first form, and use additional EFS forms. On additional forms, write ATTACHMENT on the top of each form. Submit three copies of each attachment form when filing. There is no additional fee for filing the EFS with attachments.
FILING FEE: $10.00
For information, please visit us at www.sos.ok.gov
Or call 405-521-2474
MAIL FORMS TO:
Secretary of State, Central Filing System for Agricultural Liens
2300 N Lincoln Blvd Room 101
Oklahoma City, OK 73105-4897
All EFS-1 filings accepted by the Central Filing System on or before the 20th day of each month will be reflected on the agricultural lien list distributed to registered buyers by the end of that month. All EFS-1 filings accepted after the 20th will be reflected on the following month’s lien list.
Jun-11
Filling out the Oklahoma EFS-1 form is an important process for recording a security interest against farm products in the state of Oklahoma. This form serves as a public notice to potential buyers that a lien exists on the specific agricultural products listed, helping ensure that the rights of the secured party are protected. Follow these steps carefully to complete the form correctly. Include all necessary details and double-check your entries for accuracy to ensure smooth processing.
After submitting your EFS-1 form and the accompanying documents, your filing will be processed by the Secretary of State's office. Files received by the 20th day of the month will be included in that month's agricultural lien list distributed to registered buyers. Entries received after the 20th will appear on the following month's list. Timely filing ensures your lien is publicly recognized and provides crucial notice to registered buyers, helping secure your interests in the described agricultural products.
Below, you will find answers to common questions regarding the Oklahoma EFS-1 Form, a vital paper for anyone dealing with secured transactions in agricultural products in Oklahoma.
What is the Oklahoma EFS-1 form?
The Oklahoma EFS-1 form, also known as the Effective Financing Statement, is a document that creditors file to indicate a security interest in farm products produced in Oklahoma. This filing notifies potential buyers of the product that a lien exists, requiring any sale proceeds to satisfy the lien partially or wholly.
Who needs to file the EFS-1 form?
Any creditor or secured party who has a security interest in Oklahoma-produced agricultural products must file the EFS-1 form. This includes individuals, partnerships, corporations, limited liability companies, trusts, or any business entities engaging in lending against farm products.
What is the filing fee for the form?
The filing fee for the Oklahoma EFS-1 form is $10.00. This fee is payable to the Oklahoma Secretary of State and must accompany the form upon submission.
What information is required on the EFS-1 form?
The form requires detailed information, including debtor name and address, Social Security Number or Tax Identification Number, secured party's name and address, and a description of the farm products subject to the security interest, including product code, name, and county produced. Signatures from both the debtor(s) and the secured party(ies) are also mandatory.
How is the form submitted?
The EFS-1 form must be submitted in triplicate, with original signatures in ink on at least one copy. For faster return of a filed stamped confirmation copy, including a self-addressed stamped envelope is recommended. Submission details, including mailing address, are provided on the form instructions.
Can additional products or debtors be added to the EFS-1?
Yes. If there is more debtor or product information than can fit on the form, you should write "SEE ATTACHMENT" at the top of the first EFS-1 form and use additional forms for the rest of the information. Mark each additional form as "ATTACHMENT" at the top. Remember to submit three copies of each attachment form with no additional fee.
What is the duration of an EFS-1 filing?
An Effective Financing Statement is valid for five years from the date of filing. To extend the effectiveness of the filing for another five years, a continuation must be filed within the six months before the EFS-1 expires.
Does the EFS-1 cover products produced outside of Oklahoma?
No, the EFS-1 form only covers agricultural products produced within Oklahoma. For farm products from other states, you must file a form in that particular state according to its requirements.
Is a physical address necessary for the EFS-1?
Yes. For both debtors and secured parties, a physical address, which can be a street address, rural route, or post office box, along with the city, state, and zip code must be listed on the EFS-1 form.
What happens if the EFS-1 form is not filed correctly?
If the EFS-1 form is not correctly completed or filed, the secured party risks not perfecting the security interest, which means they might not have a legal claim to the collateral in the event of default. Consequently, it is crucial to ensure that the form is filled out accurately and completely and that it is filed within the proper timeframe.
Filling out the Oklahoma EFS-1 form, an Effective Financing Statement, requires attention to detail to avoid common mistakes that could delay or impact the effectiveness of the filing. Here are six common mistakes made when completing this form:
Additionally, here are some tips to ensure the form is filled out accurately:
When dealing with agricultural liens and securing interests in farm products in Oklahoma, the filing of the EFS-1 form, or the Effective Financing Statement, is a crucial step. However, to fully navigate this legal terrain, several other documents are also essential. These not only complement the EFS-1 form but ensure that all necessary legal bases are covered, providing a comprehensive approach to safeguarding parties' interests.
Each of these documents plays a vital role in the completion and continuation of securing interests in agricultural products. By understanding and properly utilizing these forms, individuals and businesses can ensure their security interests are appropriately recorded and maintained, providing peace of mind and legal clarity in their agricultural endeavors in Oklahoma.
The UCC-1 Financing Statement bears a strong resemblance to the Oklahoma EFS-1 form, primarily because both are used to declare a security interest in collateral. The UCC-1 form, used nationwide, indicates that a creditor has a financial interest in the personal property (or collateral) of a debtor to secure payment. Like the EFS-1, the UCC-1 requires detailed information about the debtor, secured party, and the collateral subject to the lien. This parallel ensures that potential creditors are aware of existing claims on assets, serving a similar public notice function.
The Farm Products Central Filing System (FPCFS) form is another document that shares similarities with the Oklahoma EFS-1. The FPCFS is specifically tailored towards agricultural products and serves to notify parties of a security interest in farm products. Like the EFS-1, it includes information regarding the debtor, secured party, and the specific farm products under the lien. Both forms act as a public notice to protect the secured party's interest and inform purchasers about pre-existing claims on the products.
The UCC-3 Financing Statement Amendment form also aligns closely with functions performed by the Oklahoma EFS-1, albeit for slightly different processes. While the EFS-1 initiates the lien, the UCC-3 is used to amend, assign, continue, or terminate an existing UCC-1 filing. Despite their procedural differences, both forms maintain the public notice principle, ensuring that interested parties can track the status of a security interest over time. Through amendments, creditors can update the status of their interest, mirroring the initial disclosure intent of the EFS-1.
The Notice of Federal Tax Lien (NFTL) submitted to local or state authorities signifies another form related to the EFS-1. It documents the U.S. government's right to secured assets of an individual or business for unpaid taxes, similar to how the EFS-1 establishes a secured party's interest in agricultural products. Both forms serve to alert third parties about claims against the property, ensuring the interested party's priority in the event of debtor default or liquidation. The NFTL, while broader in scope, functions parallel to the EFS-1 in its role as a public declaration of a security interest.
Agricultural Security Agreement (ASA) documents complement the purpose of the Oklahoma EFS-1 form. An ASA is a contract that creates a security interest in farm products, securing payment or performance of an obligation. While the ASA is the contractual agreement between debtor and creditor, the EFS-1 serves as the public notice of the ASA's existence. Both documents are pivotal in agricultural financing, safeguarding the creditor's interests and informing buyers and subsequent financiers about encumbered assets.
The Mechanic's Lien Notice, while generally associated with construction and repair rather than agriculture, shares an underlying similarity with the EFS-1 form. It informs property owners and potential creditors that a lien has been claimed on a property due to unpaid work or supplies. Both documents assert a security interest, albeit in different contexts, and provide public notice to ensure proper payment before clearing the lien. The formal registration of such interests, whether for farm products or property improvements, plays a crucial protective role for the claimant.
Last, the Security Agreement itself, which outlines the specific terms between a debtor and creditor regarding the collateral, is inherently connected to the initiation represented by the EFS-1 form. While the Security Agreement is the private contract that specifies the conditions of the security interest, the EFS-1 makes this interest known to the public, particularly to subsequent buyers or financiers. Essentially, the EFS-1 form operates as the public face of the private arrangement laid out in the Security Agreement, emphasizing the importance of transparency in secured transactions.
When completing the Oklahoma EFS-1 form, it is crucial to ensure accuracy and completeness to protect your interests effectively. Here are essential dos and don'ts to help guide you through the filing process:
By following these guidelines and carefully reviewing your Oklahoma EFS-1 form before submission, you can help ensure that your filing is processed smoothly and effectively serves its intended purpose.
When it comes to the Oklahoma Effective Financing Statement, EFS-1 form, there are several misconceptions that often arise. These misconceptions can lead to confusion and potentially hinder the effectiveness of this legal document. By clarifying these misunderstandings, individuals and businesses can ensure they properly protect their agricultural products under a security interest. Here are five common misconceptions about the Oklahoma EFS-1 form:
One Size Fits All: A common misconception is that the EFS-1 form covers all agricultural products by simply filing it once. However, the form requires each product to be specifically listed along with its product code, name, and the county where it's produced. There is no blanket coverage for all types of products; each must be individually listed to be covered under the security interest.
Signatures Are Optional: Some individuals mistakenly believe that signatures on the EFS-1 form are optional or that photocopied signatures suffice for all copies. The truth is, original signatures in ink are mandatory on at least one of the submitted statements. While photocopies or carbon signatures may be used on additional copies, at least one must bear the original ink signature to validate the document.
Unlimited Product Listings: There's a misconception that an unlimited number of products can be listed on a single EFS-1 form. In reality, there's a limit to how many product listings (20) can be included per EFS filing. If more space is needed for additional products, one must use separate forms or attachments, ensuring to mark them accordingly.
Duration of the Filing is Indefinite: Another common misunderstanding is that once filed, the EFS-1 form remains effective indefinitely. The EFS-1 is actually effective for five years from the date of filing unless a termination statement is filed. For extending the lien beyond five years, a continuation statement (EFS-2) must be filed within the six months preceding the EFS-1's expiration.
Filing Fee Covers Multiple Forms: Often, filers assume the $10.00 filing fee covers the submission of multiple forms or attachments beyond the initial EFS-1 form. The misunderstanding here is that each individual EFS-1 form submission requires its own filing fee, but there's no additional fee for filing EFS with attachments. It's critical to understand this to avoid underpayment or other filing issues.
Understanding and rectifying these misconceptions are crucial for securing interests in agricultural products effectively. With the right knowledge, filers can ensure their EFS-1 forms are correctly completed and submitted, safeguarding their agricultural interests as intended by the Oklahoma Secretary of State.
When preparing and submitting the EFS-1 form in Oklahoma, attention to detail is critical. This form plays a significant role in the communication of security interests in agricultural products. Here are four key takeaways to ensure accurate and efficient use of the form:
For individuals and entities dealing with the financing of agricultural products in Oklahoma, adhering to these guidelines when completing the EFS-1 form is essential. Doing so not only ensures compliance with state requirements but also protects the financial interests of all parties involved.
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