12A:9-516 What constitutes filing; effectiveness of filing.
12A: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 information statement, the record:
(i)does not identify the initial financing statement as required by 12A:9-512 or 12A:9-518, as applicable; or
(ii)identifies an initial financing statement whose effectiveness has lapsed under 12A: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 12A: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;
(C)(Deleted by amendment, P.L.2013, c.65.)
(6)in the case of an assignment reflected in an initial financing statement under 12A:9-514 (a) or an amendment filed under 12A: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 12A:9-515(d); or
(8)one or more of the following circumstances exist:
(A)the record is not required or authorized to be filed or recorded with the filing office;
(B)the record on its face is being filed or recorded for a purpose outside the scope of this chapter;
(C)the collateral described in the record is not within the scope of this chapter;
(D)the filing office reasonably believes that the filer is attempting to file under a fictitious name with the intent to harass or defraud the person identified as the debtor;
(E)the filing office reasonably believes that the record is materially false or fraudulent because:
(i)the record asserts a claim against a current or former officer or employee of any federal, state, county, or other local governmental unit, including members of the Legislative Branch, Executive Branch, Judicial Branch, and all law enforcement entities, and relates to the performance or non-performance of the officer's or employee's public duties, and for which the filer does not hold a properly executed security agreement or judgment from a court of competent jurisdiction;
(ii)the record indicates that the debtor and the secured party are the same;
(iii) the record indicates that an individual is a transmitting utility; or
(iv) the filer is incarcerated.
The provisions of this paragraph (8) are not subject to the "mandatory refusal to accept record" requirement of 12A:9-520(a). However, upon discovery of a filed record that meets the provisions of this paragraph (8), the filing office shall remove that record as per procedures established in rules promulgated in accordance with 12A:9-526(a).
The filing office and the employees of the filing office may not be held liable for the filing or non-filing of any record described within this paragraph (8).
(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 12A:9-512, 12A:9-514, or 12A: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.
amended 2015, c.59, s.3.
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Last modified: October 11, 2016