What constitutes filing - effectiveness of filing.

Checkout our iOS App for a better way to browser and research.

(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;

  1. 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:

  1. In the case of an initial financing statement, the record does not provide a name forthe debtor;

  2. In the case of an amendment or information statement, the record:

  1. Does not identify the initial financing statement as required by section 4-9-512 or 49-518, as applicable; or

  2. Identifies an initial financing statement whose effectiveness has lapsed under section4-9-515;

  1. 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 that was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's surname; or

  2. In the case of a record filed or recorded in the filing office described in section 4-9501 (a)(1), the record does not provide a sufficient description of the real property to which it relates;

  1. In the case of an initial financing statement or an amendment that adds a securedparty of record, the record does not provide a name and mailing address for the secured party of record;

  2. In the case of an initial financing statement or an amendment that provides a name ofa debtor that 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 debtor is an individual or an organization.

  3. Repealed.

  1. In the case of an assignment reflected in an initial financing statement under section4-9-514 (a) or an amendment filed under section 4-9-514 (b), the record does not provide a name and mailing address for the assignee; or

  2. In the case of a continuation statement, the record is not filed within the six-monthperiod prescribed by section 4-9-515 (d).

(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 financingstatement to which it relates, as required by section 4-9-512, 4-9-514, or 4-9-518, 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) 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.

Source: L. 2001: Entire article R&RE, p. 1387, § 1, effective July 1. L. 2012: IP(b)(3)(B), (b)(3)(C), IP(b)(5), (b)(5)(A), and (b)(5)(B) amended and (b)(5)(C) repealed, (HB 12-1262), ch. 170, p. 602, § 13, effective July 1, 2013.


Download our app to see the most-to-date content.