What constitutes filing; effectiveness of filing

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  • (a) 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.

  • (b) 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:

    • (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 § 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 last name; 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;

      • (B) indicate whether the debtor is an individual or an organization; or

      • (C) if the financing statement indicates that the debtor is an organization, provide:

        • (i) a type of organization for the debtor;

        • (ii) a jurisdiction of organization for the debtor; or

        • (iii) an organizational identification number for the debtor or indicate that the debtor has none;

    • (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; or

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

  • (c) Rules applicable to subsection (b). 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 identifies an initial financing statement to which it relates, as required by § 9–512, 9–514, or 9–518, is an initial financing statement.

  • (d) 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.


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