62A.9A-516 - What constitutes filing; effectiveness of filing.

What constitutes filing; effectiveness of filing.

(a) What constitutes filing. Except as otherwise provided in subsection (b) of this section, 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 or, in the case of a filing office described in RCW 62A.9A-501(a)(1), an amount equal to 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 RCW 62A.9A-512 or 62A.9A-518, as applicable; or

     (ii) Identifies an initial financing statement whose effectiveness has lapsed under RCW 62A.9A-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 RCW 62A.9A-501(a)(1), the record does not provide a name for the debtor or a sufficient description of the real property to which the record 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 RCW 62A.9A-514(a) or an amendment filed under RCW 62A.9A-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 RCW 62A.9A-515(d).

     (c) Rules applicable to subsection (b) of this section. For purposes of subsection (b) of this section:

     (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 RCW 62A.9A-512, 62A.9A-514, or 62A.9A-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) of this section, 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.

[2001 c 32 § 38; 2000 c 250 § 9A-516.]

Notes: Effective date -- 2001 c 32: See note following RCW 62A.9A-102.