§ 9-516
558 words·~3 min read·
/md/commercial-law/9-516·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§9–516.
(a)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)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 § 9–512 or § 9–518, as applicable; or
(ii)Identifies an initial financing statement whose effectiveness has lapsed under § 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 surname; or
(D)In the case of a record filed or recorded in the filing office described in § 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; 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 § 9–514(a) or an amendment filed under § 9–514(b), the record does not provide a name and mailing address for the assignee;
(7)In the case of a continuation statement, the record is not filed within the six–month period prescribed by § 9–515(d); or
(8)The information required by § 9–502(e) is not provided or recordation tax payable is not tendered with the financing statement.
(c)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 § 9–512, § 9–514, or § 9–518, is an initial financing statement.
(d)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.