§12A-1-9-516. What constitutes filing; effectiveness of filing.
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WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING
(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 correction statement,
the record:
(i)does not identify the initial financing statement
as required by Section 1-9-512 or 1-9-518 of this
title, as applicable; or
(ii)identifies an initial financing statement whose
effectiveness has lapsed under Section 1-9-515 of
this title;
(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 paragraph
(1)of subsection
(a)of Section 1-9-501 of this title, 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 paragraph
(a)of Section 1-9-514 of this
title or an amendment filed under subsection
(b)of Section 1-9-514 of this title, 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 subsection
(d)of Section 1-9-515 of this title.
(c)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 Section 1-9-512, 1-9-514, or 1-9-518 of this title, 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)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. Added by Laws 2000, c. 371, § 94, eff. July 1, 2001. Amended by Laws 2015, c. 374, § 13, eff. Nov. 1, 2015.