12A:9-516 - What constitutes filing; effectiveness of filing
12A:9-516 What constitutes filing; effectiveness of filing.
12A:9-516. What Constitutes Filing; Effectiveness of Filing.
(a)What constitutes filing. 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.
(b)Refusal to accept record; filing does not occur. 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 12A:9-512 or 12A:9-518, as applicable; or
(ii)identifies an initial financing statement whose effectiveness has lapsed under 12A:9-515;
(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; or
(D)in the case of a record filed or recorded in the filing office described in 12A:9-501 (a) (1), the record does not provide a sufficient description of the real property to which it relates;
(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;
(ii)a jurisdiction of organization for the debtor; or
(iii) an organizational identification number for the debtor or indicate that the debtor has none;
(6)in the case of an assignment reflected in an initial financing statement under 12A:9-514 (a) or an amendment filed under 12A:9-514 (b), 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 12A:9-515 (d).
(c)Rules applicable to subsection (b). 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 12A:9-512, 12A:9-514, or 12A:9-518, is an initial financing statement.
(d)Refusal to accept record; record effective as filed record. 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.
L.2001, c.117, s.1; amended 2001, c.386, s.81.
12A:9-517. Effect of indexing errors
12A:9-517. Effect of Indexing Errors.
The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.
L.2001, c.117, s.1.