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What constitutes filing; effectiveness of filing - 13 Pa. Cons. Stat. § 9516Legal Research Home > Pennsylvania Statutes
§ 9516. 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 which a filing office
refuses to accept because one of the following paragraphs
applies:
(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 of a reason stated in one of the following
subparagraphs:
(i) In the case of an initial financing statement,
the record does not provide a name for the debtor.
(ii) In the case of an amendment or correction
statement, the record:
(A) does not identify the initial financing
statement as required by section 9512 (relating to
amendment of financing statement) or 9518 (relating
to claim concerning inaccurate or wrongfully filed
record), as applicable; or
(B) identifies an initial financing statement
whose effectiveness has lapsed under section 9515
(relating to duration and effectiveness of financing
statement; effect of lapsed financing statement).
(iii) In the case of an initial financing statement
which provides the name of a debtor identified as an
individual or an amendment which 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.
(iv) In the case of a record filed in the filing
office described in section 9501(a)(1) (relating to
filing offices), 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 which 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 which provides a name of a debtor which was not
previously provided in the financing statement to which the
amendment relates, the record does not do one or more of the
following:
(i) Provide a mailing address for the debtor.
(ii) Indicate whether the debtor is an individual or
an organization.
(iii) If the financing statement indicates that the
debtor is an organization, provide:
(A) a type of organization for the debtor;
(B) a jurisdiction of organization for the
debtor; or
(C) 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 section 9514(a) (relating to
assignment reflected on initial financing statement) or an
amendment filed under section 9514(b) (relating to assignment
of filed financing statement), 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
section 9515(d) (relating to when continuation statement may
be filed).
(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 which does not indicate that it is an
amendment or identify an initial financing statement to which
it relates, as required by section 9512, 9514 or 9518, is an
initial financing statement.
(d) Refusal to accept record; record effective as filed
record.--A record which 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 that gives value in reasonable
reliance upon the absence of the record from the files.
Cross References. Section 9516 is referred to in sections
9109, 9338, 9520, 9521 of this title; section 154 of Title 15
(Corporations and Unincorporated Associations).
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Last modified: November 27, 2007 |
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