Section 440.9516 - Filing; requirements; communication of record with tender of filing fee; effectiveness.
UNIFORM COMMERCIAL CODE (EXCERPT)
Act 174 of 1962
440.9516 Filing; requirements; communication of record with tender of filing fee; effectiveness.
Sec. 9516.
(1) Except as otherwise provided in subsection (2), 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.
(2) Filing does not occur with respect to a record that a filing office refuses to accept because of 1 or more of the following:
(a) The record is not communicated by a method or medium of communication authorized by the filing office.
(b) An amount equal to or greater than the applicable filing fee is not tendered.
(c) The filing office is unable to index the record because of 1 or more of the following:
(i) In the case of an initial financing statement, the record does not provide a name for the debtor.
(ii) In the case of an amendment or correction statement, the record does not identify the initial financing statement as required by section 9512 or 9518, as applicable, or identifies an initial financing statement whose effectiveness has lapsed under section 9515.
(iii) 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 that was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's last name.
(iv) In the case of a record filed or recorded in the filing office described in section 9501(1)(a), the record does not provide a sufficient description of the real property to which it relates.
(d) 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.
(e) 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 provide or indicate 1 or more of the following:
(i) Provide a mailing address for the debtor.
(ii) Indicate whether the debtor is an individual or an organization.
(iii) If the financing statement indicates that the debtor is an organization, provide 1 or more of the following:
(A) A type of organization for the debtor.
(B) A jurisdiction of organization for the debtor.
(C) An organizational identification number for the debtor or indicate that the debtor has none.
(f) In the case of an assignment reflected in an initial financing statement under section 9514(1) or an amendment filed under section 9514(2), the record does not provide a name and mailing address for the assignee.
(g) In the case of a continuation statement, the record is not filed within the 6-month period prescribed by section 9515(4).
(3) For purposes of subsection (2), both of the following apply:
(a) A record does not provide information if the filing office is unable to read or decipher the information.
(b) 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 9512, 9514, or 9518, is an initial financing statement.
(4) 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 (2) or section 9520(5), 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.
History: Add. 2000, Act 348, Eff. July 1, 2001 ;-- Am. 2008, Act 383, Eff. Mar. 29, 2009