What constitutes filing; effectiveness of filing

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    (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.


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