41-09-87. (9-516) What constitutes filing - Effectiveness of filing.
580 words·~3 min read·
/nd/title-41/chapter-41-09-secured-transactions/41-09-87·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Except as otherwise provided in subsection 2, 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.
2. Filing does not occur with respect to a record that a filing office refuses to accept
because:
a. The record is not communicated by a method or medium of communication
authorized by the filing office;
b. An amount equal to or greater than the applicable filing fee is not tendered;
c. The filing office is unable to index the record because:
(1)In the case of an initial financing statement, the record does not provide a
name for the debtor;
(2)In the case of an amendment or information statement, the record:
(a)Does not identify the initial financing statement as required by section
41-09-83 or 41-09-89, as applicable; or
(b)Identifies an initial financing statement whose effectiveness has
lapsed under section 41-09-86;
(3)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
(4)In the case of a record filed or recorded in the filing office described in
subdivision a of subsection 1 of section 41-09-72, the record does not
provide a sufficient description of the real property to which it relates;
d. 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;
e. 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:
(1)Provide a mailing address for the debtor; or
(2)Indicate whether the name provided as the name of the debtor is an
individual or an organization;
f. In the case of an assignment reflected in an initial financing statement under
subsection 1 of section 41-09-85 or an amendment filed under subsection 2 of
section 41-09-85, the record does not provide a name and mailing address for the
assignee;
g. In the case of a continuation statement, the record is not filed within the six-month
period prescribed by subsection 4 of section 41-09-86; or
h. In the case of filings entered in the secretary of state's online filing system, the
record does not contain the social security number or the internal revenue service
taxpayer identification number of the debtor.
3. For purposes of subsection 2:
a. A record does not provide information if the filing office is unable to read or
decipher the information; and
b. 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 41-09-83, 41-09-85,
or 41-09-89, is an initial financing statement.
4. 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 2,
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.