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This entry was published on 2014-09-22
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SECTION 9-516
What Constitutes Filing; Effectiveness of Filing
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 5, SUBPART 1
Section 9--516. What Constitutes Filing; Effectiveness of Filing.

(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 Section 9--512 or 9--518, as applicable;

or

(ii) identifies an initial financing statement whose

effectiveness has lapsed under Section 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 in the filing office

described in Section 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 debtor is an individual or an

organization;

(C) if the financing statement indicates that the debtor is

an organization, provide:

(i) a type of organization for the debtor, or

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

(6) in the case of an assignment reflected in an initial

financing statement under Section 9--514(a) or an amendment

filed under Section 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 Section

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

identify an initial financing statement to which it relates,

as required by Section 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.

(e) Special rule for cooperative interests; record effective as
notice. A filing that includes a cooperative addendum covering a
cooperative interest constitutes notice of the existence of the security
interest in the cooperative interest as of the date of the filing of the
cooperative addendum, except as against a purchaser of the collateral
which gives value in reasonable reliance upon the absence of the record
from the files.