In the alternative, the remitter may ask the recordation specialist to record the document without the attachment, provided that the remitter confirms the following:
• The attachment is completely unavailable for recordation;
• The attachment is not essential to identify the subject matter of the document; and
• It would be impossible or wholly impracticable for the person(s) who executed the document (or their representatives] to sign or initial an amendment deleting the reference to the attachment.
The remitter may provide this information in a cover letter or other written communication, or by completing Form DCS and checking the box containing the phrase "One or more attachments referenced in this document is missing." In this situation, the specialist will record the document without communicating with the remitter and will add an annotation to the record, such as: "Document is not complete. Recorded 'as is.'" The annotation will appear on both the certificate of recordation and the online public record for that document.
For information concerning Form DCS, see Section 2309.12.
2309.9(B) Self-Contained Parts of a Larger Document
An exhibit, schedule, appendix, addendum, or other attachment that is a self-contained part of a larger document may be recorded if the remitter confirms in writing that the document is complete by its own terms. The remitter may provide this information by submitting a cover letter or other written communication or by completing Form DCS and checking the box marked "All attachments referenced in this document are included." For information concerning Form DCS, see Section 2309.12.
Example:
• The Office receives an assignment marked "Exhibit A" and a bill of sale marked "Attachment B." Each document appears to be a self- contained part of a larger document. In both cases the remitter submitted Form DCS and checked the box marked "All attachments referenced in this document are included." The recordation specialist will record the documents without communicating with the remitter.
2309.9(C) Incorporation by Reference
If the transfer or other document pertaining to copyright merely references another document or merely incorporates terms set forth in another document, the recordation specialist will record the document without communicating with the remitter.
Example:
• The Office receives an assignment of copyright. The first sentence reads: "In accordance with the terms of mutual understanding
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12/22/2014
