8.9A-516 - A-516. What constitutes filing; effectiveness of filing.

§ 8.9A-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 oracceptance of the record by the filing office constitutes filing.

(b) Refusal to accept record; filing does not occur. Filing does not occurwith respect to a record that a filing office refuses to accept because:

(1) the record is not communicated by a method or medium of communicationauthorized by the filing office;

(2) an amount equal to or greater than the applicable filing fee is nottendered;

(3) the filing office is unable to index the record because:

(A) in the case of an initial financing statement, the record does notprovide 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 §8.9A-512 or § 8.9A-518, as applicable;

(ii) identifies an initial financing statement whose effectiveness has lapsedunder § 8.9A-515; or

(iii) in the case of a record filed or recorded in the filing officedescribed in § 8.9A-501 (a) (1), does not provide the name and mailingaddress of the debtor;

(C) in the case of an initial financing statement that provides the name of adebtor identified as an individual or an amendment that provides a name of adebtor identified as an individual which was not previously provided in thefinancing statement to which the record relates, the record does not identifythe debtor's last name; or

(D) in the case of a record filed or recorded in the filing office describedin § 8.9A-501 (a) (1), the record does not provide a sufficient descriptionof the real property to which it relates;

(4) in the case of an initial financing statement or an amendment that adds asecured party of record, the record does not provide a name and mailingaddress for the secured party of record;

(5) in the case of an initial financing statement or an amendment thatprovides a name of a debtor which was not previously provided in thefinancing 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 thatthe debtor has none;

(6) in the case of an assignment reflected in an initial financing statementunder § 8.9A-514 (a) or an amendment filed under § 8.9A-514 (b), the recorddoes not provide a name and mailing address for the assignee; or

(7) in the case of a continuation statement, the record is not filed withinthe six-month period prescribed by § 8.9A-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 toread or decipher the information; and

(2) a record that does not indicate that it is an amendment or identify aninitial financing statement to which it relates, as required by §§ 8.9A-512,8.9A-514, or § 8.9A-518, is an initial financing statement.

(d) Refusal to accept record; record effective as filed record. A record thatis communicated to the filing office with tender of the filing fee, but whichthe filing office refuses to accept for a reason other than one set forth insubsection (b), is effective as a filed record except as against a purchaserof the collateral which gives value in reasonable reliance upon the absenceof the record from the files.

(2000, c. 1007; 2002, cc. 566, 644.)