84-9-516. What constitutes filing; effectiveness of filing.
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/ks/chapter-84/84-9-516A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
84-9-516. 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 information statement, the record:
(i)Does not identify the initial financing statement as required by K.S.A. 2025 Supp. 84-9-512 or 84-9-518 , and amendments thereto, as applicable; or
(ii)identifies an initial financing statement whose effectiveness has lapsed under K.S.A. 2025 Supp. 84-9-515 , and amendments thereto;
(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 surname; or
(D)in the case of a record filed or recorded in the filing office described in K.S.A. 2025 Supp. 84-9-501 (a)(1), and amendments thereto, 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; 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 K.S.A. 2025 Supp. 84-9-514 (a), and amendments thereto, or an amendment filed under K.S.A. 2025 Supp. 84-9-514 (b), and amendments thereto, 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 K.S.A. 2025 Supp. 84-9-515 (d), and amendments thereto.
(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 K.S.A. 2025 Supp. 84-9-512 , 84-9-514 or 84-9-518 , and amendments thereto, 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.