Filed Date: 9/26/1963
Status: Precedential
Modified Date: 7/6/2016
OPINION — AG — THE WORDS " RECORDED " AND " FILED " AS USED IN HOUSE BILL NO. 851, 29TH LEGISLATURE, ARE NOT INTERCHANGEABLE; THAT " RECORDED " MEANS TRANSCRIBED OR COPIED IN A PERMANENT RECORD BOOK OF THE SECRETARY OF STATE, WHEREAS, " FILED " MEANS THAT SAID INSTRUMENT IS DELIVERED TO THE CUSTODY OF THE SECRETARY OF STATE; THAT WHETHER AN INSTRUMENT IS TO BE FILED OR RECORDED DEPENDS ON WHETHER THE GENERAL STATUTES PROVIDE THE SAME SHALL BE FILED OR RECORDED IN AN OFFICE OF COUNTY CLERK; THAT ONLY ORIGINAL INSTRUMENT MAY BE SO FILED, REFILED, RECORDED OR RE RECORD (EXCEPT CERTAIN CHATTEL MORTGAGES AND CERTAIN FINANCING STATEMENTS), BUT ANY ORIGINAL MAY BE RECEIVED PROVIDED SAME COMPLIES WITH THE APPLICABLE FILING OR RECORDING STATUTES. CITE: 12A O.S. 1961, 9-401 [