Uniform Commercial Code Filing Buyers
| Submitted | Feb. 11, 2022 |
| Est. Completion | None |
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Communications
From: David Austin
To Whom It May Concern:
Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:
Please provide a list of all persons and companies who have purchased bulk copies of uniform commercial code filings (UCC-1, UCC-3) from the State of Delaware since 1/1/2021. The filings may have been provided as either electronic images or XML/JSON data.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.
This request is filed by Jonathan Rudenberg, a citizen of Delaware, in coordination with David Austin.
From: Secretary of State
Good afternoon:
This email is in response to your FOIA request dated February 11, 2022.
1. The only information regarding UCC statistics can be found on the Division of Corporations website at https://corp.delaware.gov/stats/ . The archived Annual Reports can be found in the Newsroom at https://corp.delaware.gov/newsroom/ and they go back to the 2008 Annual Report.
1. The agency does not have available a listing of a business entities database bulk download; therefore, no bulk data has been purchased reflecting the information requested. For justification of the decision to deny this request, please reference Delaware Code Title 8, §391(c) which contains the following language:
The Secretary of State may issue photocopies or electronic image copies of instruments on file, as well as instruments, documents and other papers not on file, and for all such photocopies or electronic image copies which are not certified by the Secretary of State, a fee of $10 shall be paid for the first page and $2.00 for each additional page. Notwithstanding Delaware's Freedom of Information Act (Chapter 100 of Title 29) or any other provision of law granting access to public records, the Secretary of State upon request shall issue only photocopies or electronic image copies of public records in exchange for the fees described in this section, and in no case shall the Secretary of State be required to provide copies (or access to copies) of such public records (including without limitation bulk data, digital copies of instruments, documents and other papers, databases or other information) in an electronic medium or in any form other than photocopies or electronic image copies of such public records in exchange, as applicable, for the fees described in this section or § 2318 of Title 29 for each such record associated with a file number.
The Secretary of State shall only issue photocopies or electronic image copies of records associated with a file number for the fees set forth in the statute. You would need to contact the Division of Corporations and specifically provide with the file numbers or names of the entities for which you would like to obtain copies of the documents on file and pay the required fees. The database of records is searchable by name (or part thereof) or by entity file number, and there are public computer terminals available at the Division of Corporations' offices where the public can perform such searches. The Division of Corporations website https://corp.delaware.gov also provides the ability to search by name (or part thereof) or file number to obtain general information.
For additional questions contact the Division of Corporations at 302-739-3073, Monday through Friday, 8 am to 5 pm.; 3) by Live Person chat by logging onto the website http://www.corp.delaware.gov , select the CONTACT link then Live Support and Entity Information, their office is open Monday through Friday, 8:30 am to 4 pm to accept Live Person chats; or 4) by email at DOSDOC_Web@State.de.us<mailto:DOSDOC_Web@State.de.us>, will respond on a first-in, first out basis - typically within 24 hours. (All Eastern Standard Time.)
With this email, the Department of State's Division of Corporations considers your FOIA request closed.
Thank you,
Tammy Stock
Delaware Department of State - FOIA Coordinator
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~WRD0000
From: David Austin
Can you provide a list of all companies or individuals who purchased UCC filings in the last year? Companies such as Dun & Bradstreet receive copies of virtually all UCC filings from the Secretary of State's office.
From: Secretary of State
Good morning:
This email is in response to your FOIA request dated March 14, 2022. See the complete request below.
The only information regarding UCC statistics can be found on the Division of Corporations website at https://corp.delaware.gov/stats/ . The archived Annual Reports can be found in the Newsroom at https://corp.delaware.gov/newsroom/ and they go back to the 2008 Annual Report.
Note that the agency does not have available a listing of a business entities database bulk download; therefore, no bulk data has been purchased reflecting the information requested. For justification, please reference Delaware Code Title 8, §391(c) which contains the following language:
The Secretary of State may issue photocopies or electronic image copies of instruments on file, as well as instruments, documents and other papers not on file, and for all such photocopies or electronic image copies which are not certified by the Secretary of State, a fee of $10 shall be paid for the first page and $2.00 for each additional page. Notwithstanding Delaware's Freedom of Information Act (Chapter 100 of Title 29) or any other provision of law granting access to public records, the Secretary of State upon request shall issue only photocopies or electronic image copies of public records in exchange for the fees described in this section, and in no case shall the Secretary of State be required to provide copies (or access to copies) of such public records (including without limitation bulk data, digital copies of instruments, documents and other papers, databases or other information) in an electronic medium or in any form other than photocopies or electronic image copies of such public records in exchange, as applicable, for the fees described in this section or § 2318 of Title 29 for each such record associated with a file number.
The Secretary of State shall only issue photocopies or electronic image copies of records associated with a file number for the fees set forth in the statute. You would need to contact the Division of Corporations and specifically provide with the file numbers or names of the entities for which you would like to obtain copies of the documents on file and pay the required fees. The database of records is searchable by name (or part thereof) or by entity file number, and there are public computer terminals available at the Division of Corporations’ offices where the public can perform such searches. The Division of Corporations website https://corp.delaware.gov also provides the ability to search by name (or part thereof) or file number to obtain general information.
For additional questions contact the Division of Corporations at 302-739-3073, Monday through Friday, 8 am to 5 pm.; 3) by Live Person chat by logging onto the website http://www.corp.delaware.gov , select the CONTACT link then Live Support and Entity Information, their office is open Monday through Friday, 8:30 am to 4 pm to accept Live Person chats; or 4) by email at DOSDOC_Web@State.de.us<mailto:DOSDOC_Web@State.de.us>, will respond on a first-in, first out basis – typically within 24 hours. (All Eastern Standard Time.)
With this email, the Department of State’s Division of Corporations considers your FOIA request closed.
Thank you,
Tammy Stock
Delaware Department of State – FOIA Coordinator
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~WRD0000