Sec. 42a-9-516. What constitutes filing. Effectiveness of filing.
Sec. 42a-9-516. What constitutes filing. Effectiveness of filing. (a) Except as
otherwise provided in subsection (b), communication of a record to a filing office and
tender of the filing fee or acceptance of the record by the filing office constitutes filing.
In the case of the recording of a record in a filing office described in subdivision (1) of
subsection (a) of section 42a-9-501, tender of the filing fee means tender of the fee
specified in section 7-34a.
(b) Filing does not occur with respect to a record that a filing office refuses to accept
because:
(1) The record is not communicated by a method or medium of communication
authorized by the filing office;
(2) An amount equal to or greater than the applicable filing fee is not tendered;
(3) The filing office is unable to index the record because:
(A) In the case of an initial financing statement, the record does not provide a name
for the debtor;
(B) In the case of an amendment or correction statement, the record:
(i) Does not identify the initial financing statement as required by section 42a-9-512 or 42a-9-518, as applicable; or
(ii) Identifies an initial financing statement whose effectiveness has lapsed under
section 42a-9-515; or
(C) In the case of an initial financing statement that provides the name of a debtor
identified as an individual or an amendment that provides a name of a debtor identified
as an individual which was not previously provided in the financing statement to which
the record relates, the record does not identify the debtor's last name;
(4) In the case of an initial financing statement or an amendment that adds a secured
party of record, the record does not provide a name and mailing address for the secured
party of record;
(5) In the case of an initial financing statement or an amendment that provides a
name of a debtor which was not previously provided in the financing statement to which
the amendment relates, the record does not:
(A) Provide a mailing address for the debtor;
(B) Indicate whether the debtor is an individual or an organization; or
(C) If the financing statement indicates that the debtor is an organization, provide:
(i) A type of organization for the debtor; and
(ii) A jurisdiction of organization for the debtor;
(6) In the case of an assignment reflected in an initial financing statement under
subsection (a) of section 42a-9-514 or an amendment filed under subsection (b) of section 42a-9-514, the record does not provide a name and mailing address for the assignee; or
(7) In the case of a continuation statement, the record is not filed within the six-month period prescribed by subsection (d) of section 42a-9-515.
(c) For purposes of subsection (b):
(1) A record does not provide information if the filing office is unable to read or
decipher the information; and
(2) A record that does not indicate that it is an amendment or identify an initial
financing statement to which it relates, as required by section 42a-9-512, 42a-9-514 or
42a-9-518, is an initial financing statement.
(d) A record that is communicated to the filing office with tender of the filing fee,
but which the filing office refuses to accept for a reason other than one set forth in
subsection (b), is effective as a filed record except as against a purchaser of the collateral
which gives value in reasonable reliance upon the absence of the record from the files.
(P.A. 01-132, S. 87.)