What constitutes filing — Effectiveness of filing

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  1. (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.

  2. (b) Filing does not occur with respect to a record that a filing office refuses to accept because:

    1. (1) the record is not communicated by a method or medium of communication authorized by the filing office;

    2. (2) an amount equal to or greater than the applicable filing fee is not tendered;

    3. (3) the filing office is unable to index the record because:

      1. (A) in the case of an initial financing statement, the record does not provide a name for the debtor;

      2. (B) in the case of an amendment or information statement, the record:

        1. (i) does not identify the initial financing statement as required by § 4-9-512 or § 4-9-518, as applicable; or

        2. (ii) identifies an initial financing statement whose effectiveness has lapsed under § 4-9-515;

      3. (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

      4. (D) in the case of a record filed in the filing office described in § 4-9-501(a)(1), the record does not provide a sufficient description of the real property to which it relates;

    4. (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. (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:

      1. (A) provide a mailing address for the debtor; or

      2. (B) indicate whether the name provided as the name of the debtor is the name of an individual or an organization;

    6. (6) in the case of an assignment reflected in an initial financing statement under § 4-9-514(a) or an amendment filed under § 4-9-514(b), the record does not provide a name and mailing address for the assignee;

    7. (7) in the case of a continuation statement, the record is not filed within the six-month period prescribed by § 4-9-515(d); or

    8. (8) in the case of a financing statement, the filing office determines that the financing statement is fraudulent under § 4-9-520(e).

  3. (c) For purposes of subsection (b):

    1. (1) a record does not provide information if the filing office is unable to read or decipher the information; and

    2. (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 § 4-9-512, § 4-9-514, or § 4-9-518, is an initial financing statement.

  4. (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.


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