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PA Bulletin, Doc. No. 02-761

NOTICES

DEPARTMENT OF STATE

Private Certified Bond Tenders or Drafts Referencing Uniform Commercial Code Filings

[32 Pa.B. 2170]

   The Acting Secretary of the Commonwealth hereby gives public notice of the circulation of private certified bond tenders or drafts referencing Uniform Commercial Code (UCC) filings made with the Department of State's (Department) Corporation Bureau. An example of a private certified bond tender can be viewed on the Department's website at www.dos.state.pa.us. Be advised that certain individuals are making and executing these paper documents and are presenting them as payment. The checks are of questionable validity and acceptance of these documents is at an individual's own risk.

   Although the documents vary somewhat in form and content, some of the common characteristics are as follows:

   1)  A statement at the top indicating that ''THIS INSTRUMENT HAS A COLORED BACKGROUND AND MICROPRINTING. THE REVERSE SIDE INCLUDES AN ARTIFICIAL WATERMARK.''

   2)  The word ''CERTIFIED'' in bold shown immediately below the statement referenced in item 1) that is followed by the words ''Bond-Tender Dissolution Bond,'' ''Release of Collateral Bond Revenue'' or ''Tender of Payment.''

   3)  A reference to UCC 3-311(a), (b) below the words referenced in item 2).

   4)  Entries for the following--the a) ''Date,'' b) ''For,'' c) ''Account number,'' d) ''To the order of'' or ''Pay to,'' e) ''Amount tendered'' and f) ''Exactly.''

   5)  A statement above the signature line indicating that ''UCC PARTIAL ASSIGNMENT OF SECURITY INTEREST FILED WITH PENNSYLVANIA DEPARTMENT OF STATE CORPORATION BUREAU UNIFORM COMMERCIAL CODE P. O. BOX 8721, HARRISBURG, PENNSYLVANIA 17105-8721'' (emphasis added).

   6)  The words ''Signature without recourse'' below the signature line.

   7)  A statement at the bottom indicating that ''THIS TENDER IS EXECUTED AND FILED PURSUANT TO PENNSYLVANIA CONSOLIDATED STATUTE, TITLE 13, 3-302, (VERSION OF YOUR UCC 9-405) TAKEN FOR VALUE UCC 3-303 UCC 1-201, (25), (27), (35) NOTICE, LAWFUL U.S. FUNDS IN ACCORDANCE WITH PUBLIC POLICY, HJR-192 OF 6/15/1933, UCC 1-104, 10-104, 1-207.''

   8)  Possible inclusion of the words ''NON-NEGOTIABLE NON TRANSFERABLE'' (usually at the bottom of the document).

   These instruments presented to the Department for payment, or brought to the Department's attention, are not honored or paid by or through the Department and are referred to the appropriate law enforcement agencies. For additional information or assistance, contact the Department's Office of Chief Counsel at (717) 787-6802.

   Individuals who are presented with one of these documents or has information concerning this matter should notify local law enforcement officials. For additional information about fictitious sight drafts payable upon the United States Treasury, refer to the August 6, 1999, Alert of the United States Office of the Comptroller of the Currency, Administrator of National Banks (OCC Alert 99-10) accessible at http://www.occ.treas.gov/altlst99.htm.

C. MICHAEL WEAVER,   
Acting Secretary of the Commonwealth

[Pa.B. Doc. No. 02-761. Filed for public inspection April 26, 2002, 9:00 a.m.]


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