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.
Last modified: February 3, 2019