§490:9-516 - What constitutes filing; effectiveness of filing.
§490:9-516 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.
(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 490:9-512 or 490:9-518, as applicable; or
(ii) Identifies an initial financing statement
whose effectiveness has lapsed under section 490:9-515;
(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 490:9-501(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;
(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;
(ii) A jurisdiction of organization for the
debtor; or
(iii) 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 490:9-514(a) or an amendment filed
under section 490:9-514(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
490:9-515(d).
(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 490:9-512, 490:9-514, or 490:9-518, 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. [L 2000, c 241, pt of §1]