47-9516. What constitutes filing; effectiveness of filing
554 words·~3 min read·
/az/title-47/47-9516A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. 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. 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 information statement, the record:
(i)Does not identify the initial financing statement as required by section 47-9512 or 47-9518, as applicable; or
(ii)Identifies an initial financing statement whose effectiveness has lapsed under section 47-9515;
(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 that was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's surname; or
(d)In the case of a record filed or recorded in the filing office described in section 47-9501, subsection A, paragraph 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 that 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; or
(b)Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;
6. In the case of an assignment reflected in an initial financing statement under section 47-9514, subsection A or an amendment filed under section 47-9514, subsection 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 section 47-9515, subsection D.
C. For the 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 section 47-9512, 47-9514 or 47-9518, is an initial financing statement.
D. A record that is communicated to the filing office with tender of the filing fee, but that 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 that gives value in reasonable reliance on the absence of the record from the files.