* Because you must include the filing number of the UCC-1 (in-lieu-of) on the UCC-3, this could be difficult (unless you file in person) as that number will not be assigned until the in-lieu-of is processed, making it nearly impossible for that number to be stated in box 1a of the UCC-3 as required by law and rule.
If the filing was originally made at the MN OSS, they do not need to file an in-lieu-of form and can just file a UCC-3 (one fee).
However, we have no authority to turn down a UCC-3 that may be offered to us, as long as they give us a number from the old filing with which to connect it up. Again, as in the case of the defective in-lieu-of, the document will not be rejected, thus there will be no notice of any defect to the customer, but the courts may later find their amendment, continuation or termination to be ineffective. Customers should be very careful.
Please Note: This information is provided for informational purposes only and should not be considered legal advice. Neither the office of the Secretary of State nor any satellite office of the Minnesota Central Filing System provides legal advice or services. Consult your legal advisor or an attorney.
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