DEPARTMENT OF STATE, CORPORATION BUREAU
Private Certified Bond Tenders or Drafts Referencing
Uniform Commercial Code Filings
The 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 Corporation Bureau. An example of this type of document is attached for your review. Please be advised that certain individuals are making and executing these paper documents and are presenting them as payment. They are of questionable validity and acceptance of these documents is at YOUR OWN RISK.
Although the documents vary somewhat in form and content, some of the common characteristics are as follows:
A A statement at the top indicating that “THIS INSTRUMENT HAS A COLORED BACKGROUND AND MICROPRINTING. THE REVERSE SIDE INCLUDES AN ARTIFICIAL WATERMARK”;
- 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”;
- A reference to UCC 3-311(a), (b) below the words referenced in item 2);
- 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”;
- 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);
- The words “Signature without recourse” below the signature line;
- 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”; and
- Possible inclusion of the words “NON-NEGOTIABLE NON TRANSFERABLE” (usually at the bottom of the document).
Any of these instruments presented to the Department of State for payment or brought to the Department’s attention are not honored or paid by or through the Department of State and are referred to the appropriate law enforcement agencies. For additional information or assistance, please contact the Department of State’s Office of Chief Counsel at (717) 787-6802.
If one of these documents is presented to you, or if you have information concerning this matter, please notify your local law enforcement officials. In addition, if you would like information about drafts payable upon the U.S. Treasury, please refer to the August 6, 1999, Alert of the U.S. Office of the Comptroller of the Currency, Administrator of National Banks (OCC Alert 99-10) accessible at http://www.occ.treas.gov/altlst99.htm.