Checkout our iOS App for a better way to browser and research.
What constitutes filing. 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.
Refusal to accept record; filing does not occur. Filing does not occur with respect to a record that a filing office refuses to accept because:
The record is not communicated by a method or medium of communication authorized by the filing office;
The amount that is tendered is not equal to or greater than the sum of the applicable filing fee plus recording tax under § 67-4-409(b), if any, based on the representation of indebtedness required thereunder;
The filing office is unable to index the record because:
In the case of an initial financing statement, the record does not provide a name for the debtor;
In the case of an amendment or information statement, the record:
Does not identify the initial financing statement as required by § 47-9-512 or § 47-9-518, as applicable; or
Identifies an initial financing statement whose effectiveness has lapsed under § 47-9-515;
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
In the case of a record filed in the filing office described in § 47-9-501(a)(1), the record does not provide the name of the debtor and a sufficient description of the real property to which it relates;
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;
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:
Provide a mailing address for the debtor; or
Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;
In the case of an assignment reflected in an initial financing statement under § 47-9-514(a) or an amendment filed under § 47-9-514(b), the record does not provide a name and mailing address for the assignee;
In the case of a continuation statement, the record is not filed within the six-month period prescribed by § 47-9-515(d); or
The record does not contain, either on its face or in an accompanying sworn statement, the language required under § 67-4-409(b)(5)(C) with respect to the recording tax imposed under § 67-4-409(b), if any.
Rules applicable to subsection (b). For purposes of subsection (b):
A record does not provide information if the filing office is unable to read or decipher the information; and
A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by § 47-9-512, § 47-9-514, or § 47-9-518, is an initial financing statement.
Refusal to accept record; record effective as filed record. 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.