State Codes and Statutes

Statutes > Connecticut > Title42a > Art009 > Sec42a-9-516

      Sec. 42a-9-516. What constitutes filing. Effectiveness of filing. (a) 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. In the case of the recording of a record in a filing office described in subdivision (1) of subsection (a) of section 42a-9-501, tender of the filing fee means tender of the fee specified in section 7-34a.

      (b) 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 42a-9-512 or 42a-9-518, as applicable; or

      (ii) Identifies an initial financing statement whose effectiveness has lapsed under section 42a-9-515; or

      (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;

      (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; and

      (ii) A jurisdiction of organization for the debtor;

      (6) In the case of an assignment reflected in an initial financing statement under subsection (a) of section 42a-9-514 or an amendment filed under subsection (b) of section 42a-9-514, 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 subsection (d) of section 42a-9-515.

      (c) 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 42a-9-512, 42a-9-514 or 42a-9-518, is an initial financing statement.

      (d) 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.

      (P.A. 01-132, S. 87.)