Section 241. Files, indexes, and entries  


Latest version.
  • 1. When a notice of federal lien
      or a notice of revocation of any certificate  described  in  subdivision
      one  of  section  two hundred forty-two is presented to the secretary of
      state for filing, he or she shall cause such  notice  to  be  marked  or
      assigned  a consecutive file number, held and indexed in accordance with
      the provisions of section 9--519 of the uniform commercial  code  as  if
      such notice were a financing statement within the meaning of the uniform
      commercial  code;  provided  however  that  an acceptable alternative to
      filing such notice in a paper format shall be the filing of such  notice
      by  computerized methods established by the secretary of state such that
      each notice shall constitute a unique computerized informational  record
      and  each  such record shall be assigned a consecutive file number, held
      and indexed in accordance with section 9--519 of the uniform  commercial
      code.
        2.  The  city  register of the city of New York and the various county
      clerks shall procure, at the expense of the city or county, a file to be
      styled and labeled "Federal lien notices", and an  index  book  or  card
      index  system  or  computerized  index  system  to be styled and labeled
      "Federal lien index."  When  a  notice  of  any  such  federal  lien  is
      presented  to  any such officer for filing, he shall endorse thereon his
      serial number and the date, hour and minute of its receipt, file  it  in
      numerical  order  and  shall enter it alphabetically in the federal lien
      index. The entry shall show the name and residence of the taxpayer named
      in the notice, the aforesaid endorsed serial number, the date of  filing
      and  the  total  amount  of  the  lien,  including interest and penalty.
      Whenever the federal lien index prescribed by this subdivision shall  be
      recopied  or  reindexed,  the entries therein shall show the information
      required by this subdivision.
        3. The town and city clerks outside the city  of  New  York  in  whose
      offices  notices  of federal tax liens have been filed on or before July
      second, nineteen hundred sixty-six shall, on or before September  first,
      nineteen  hundred  sixty-eight  deliver  all  such  notices of liens and
      certificates and notices affecting such liens to the clerk of the county
      within which such town or city clerk's office is located, and each  such
      county  clerk  shall  receive such documents and maintain them in a file
      styled and labeled "Federal tax lien notices filed with clerks of  towns
      and  cities in this county prior to July 3, 1966." Each such clerk shall
      also receive and maintain in such  file  any  certificates  and  notices
      which  affect  such  documents  and  which  may  be  filed  pursuant  to
      subdivision two (b) of section two hundred forty hereof at any  time  in
      the  future.  Each such county clerk shall procure at the expense of the
      county an index book or card index  system  to  be  styled  and  labeled
      "Federal  tax  lien index of liens filed with clerks of towns and cities
      in this county prior to July 3, 1966" and shall enter therein  a  record
      of  each  notice  of  lien or certificate received from any such town or
      city clerk and any notices or certificates received thereafter affecting
      such documents. The entry shall show  the  name  and  residence  of  the
      taxpayer named in the notice, the serial number, if any, of the original
      recording  officer, the date of original filing, and the total amount of
      tax, interest and penalty shown on such notice. Whenever the federal tax
      lien  index  prescribed  by  this  subdivision  shall  be  recopied   or
      reindexed,  the  entries  therein shall show the information required by
      this subdivision.
        4. On or before November first,  nineteen  hundred  eighty-seven,  the
      secretary of state shall cause a search to be made of the records of the
      clerk  of each United States district court within the state for notices
      of federal liens filed therein  from  January  first,  nineteen  hundred
      seventy-four  until the effective date of this subdivision. On or before
    
      December first, nineteen hundred eighty-seven, the  secretary  of  state
      shall  file  in  his  office such information as is required pursuant to
      paragraph (a) of subdivision two of section two hundred  forty  of  this
      article  and  shall  forward to each county clerk the notices of federal
      liens affecting real  property  situated  within  each  such  county  or
      affecting a lienee who is a resident of each such county or if there are
      none,  a certificate so stating, which information shall be filed by the
      county clerk on or before January first, nineteen hundred  eighty-eight.
      Each  county  clerk  shall  maintain such documents in a file styled and
      labeled "Federal lien notices filed with the clerk of the United  States
      district court for this county subsequent to January 1, 1974." Each such
      clerk  shall also receive and maintain in such file any certificates and
      notices which affect such documents and which may be filed  pursuant  to
      section  two  hundred  forty  of this article at any time in the future.
      Each such county clerk shall procure at the expense  of  the  county  an
      index  book  or card index system to be styled and labeled "Federal lien
      index of liens filed with the clerk of the United States district  court
      for this county subsequent to January 1, 1974" and shall enter therein a
      record  of  each  such  notice of lien or certificate and any notices or
      certificates received thereafter affecting  such  documents.  The  entry
      shall show the name and residence of the lienee named in the notice, the
      serial  number,  if  any, of the original recording officer, the date of
      original filing, and the total amount of lien,  including  interest  and
      penalty shown on such notice. Whenever the federal lien index prescribed
      by  this subdivision shall be recopied or reindexed, the entries therein
      shall show the information required by this subdivision. Notwithstanding
      any contrary provision of this subdivision  any  county  clerk's  office
      having  the  capability  of  incorporating  such documents into existing
      federal lien records may make such incorporation  rather  than  creating
      and maintaining the separate files required by this subdivision.