§ 25‑9‑520. Acceptance, refusal to accept record, and cancellation of record.
(a) Mandatory refusalto accept record. A filing office shall refuse to accept a record for filingfor a reason set forth in G.S. 25‑9‑516(b) and may refuse to accepta record for filing only for a reason set forth in G.S. 25‑9‑516(b).
(b) Communicationconcerning refusal. If a filing office refuses to accept a record for filingor cancels a record under G.S. 25‑9‑518(b1), it shall communicateto the person that presented the record the fact of and reason for the refusalor cancellation and the date and time the record would have been filed had thefiling office accepted it. The communication must be made at the time and inthe manner prescribed by filing‑office rule but in no event more thanthree business days after the filing office receives or cancels the record.
(c) When filedfinancing statement effective. A filed financing statement satisfying G.S. 25‑9‑502(a)and (b) is effective, even if the filing office is required to refuse to acceptit for filing under subsection (a) of this section. However, G.S. 25‑9‑338applies to a filed financing statement providing information described in G.S.25‑9‑516(b)(5) which is incorrect at the time the financingstatement is filed.
(d) Separateapplication to multiple debtors. If a record communicated to a filing officeprovides information that relates to more than one debtor, this Part applies asto each debtor separately.
(e) Appeal.
(1) If the Secretary ofState refuses to accept a record for filing pursuant to G.S. 25‑9‑516(b)(8)or cancels a wrongfully filed record pursuant to G.S. 25‑9‑518(b1),the secured party may file an appeal within 30 days after the refusal orcancellation in the Superior Court of Wake County. Filing a petition requestingto be allowed to file the document commences the appeal. The petition shall befiled with the court and with the Secretary of State and shall have the recordattached to it. Upon the commencement of an appeal, it shall be set for hearingat the earliest possible time and shall take precedence over all matters exceptolder matters of the same character. The appeal to the Superior Court is notgoverned by Article 3, 3A, or 4 of Chapter 150B of the General Statutes andshall be determined upon such further notice and opportunity to be heard, ifany, as the court may deem appropriate under the circumstances. The court shallpermit the joinder of any interested party that would be allowed under theRules of Civil Procedure.
(2) Upon considerationof the petition and other appropriate pleadings, the court may order theSecretary of State to file the record or take other action the court considersappropriate, including the entry of orders affirming, reversing, or otherwisemodifying the decision of the Secretary of State. The court may order any otherrelief, including equitable relief, as may be appropriate.
(3) The court's finaldecision may be appealed as in other civil proceedings. (2000‑169, s. 1; 2001‑231,s. 4.)
§ 25‑9‑520. Acceptance, refusal to accept record, and cancellation of record.
(a) Mandatory refusalto accept record. A filing office shall refuse to accept a record for filingfor a reason set forth in G.S. 25‑9‑516(b) and may refuse to accepta record for filing only for a reason set forth in G.S. 25‑9‑516(b).
(b) Communicationconcerning refusal. If a filing office refuses to accept a record for filingor cancels a record under G.S. 25‑9‑518(b1), it shall communicateto the person that presented the record the fact of and reason for the refusalor cancellation and the date and time the record would have been filed had thefiling office accepted it. The communication must be made at the time and inthe manner prescribed by filing‑office rule but in no event more thanthree business days after the filing office receives or cancels the record.
(c) When filedfinancing statement effective. A filed financing statement satisfying G.S. 25‑9‑502(a)and (b) is effective, even if the filing office is required to refuse to acceptit for filing under subsection (a) of this section. However, G.S. 25‑9‑338applies to a filed financing statement providing information described in G.S.25‑9‑516(b)(5) which is incorrect at the time the financingstatement is filed.
(d) Separateapplication to multiple debtors. If a record communicated to a filing officeprovides information that relates to more than one debtor, this Part applies asto each debtor separately.
(e) Appeal.
(1) If the Secretary ofState refuses to accept a record for filing pursuant to G.S. 25‑9‑516(b)(8)or cancels a wrongfully filed record pursuant to G.S. 25‑9‑518(b1),the secured party may file an appeal within 30 days after the refusal orcancellation in the Superior Court of Wake County. Filing a petition requestingto be allowed to file the document commences the appeal. The petition shall befiled with the court and with the Secretary of State and shall have the recordattached to it. Upon the commencement of an appeal, it shall be set for hearingat the earliest possible time and shall take precedence over all matters exceptolder matters of the same character. The appeal to the Superior Court is notgoverned by Article 3, 3A, or 4 of Chapter 150B of the General Statutes andshall be determined upon such further notice and opportunity to be heard, ifany, as the court may deem appropriate under the circumstances. The court shallpermit the joinder of any interested party that would be allowed under theRules of Civil Procedure.
(2) Upon considerationof the petition and other appropriate pleadings, the court may order theSecretary of State to file the record or take other action the court considersappropriate, including the entry of orders affirming, reversing, or otherwisemodifying the decision of the Secretary of State. The court may order any otherrelief, including equitable relief, as may be appropriate.
(3) The court's finaldecision may be appealed as in other civil proceedings. (2000‑169, s. 1; 2001‑231,s. 4.)
§ 25‑9‑520. Acceptance, refusal to accept record, and cancellation of record.
(a) Mandatory refusalto accept record. A filing office shall refuse to accept a record for filingfor a reason set forth in G.S. 25‑9‑516(b) and may refuse to accepta record for filing only for a reason set forth in G.S. 25‑9‑516(b).
(b) Communicationconcerning refusal. If a filing office refuses to accept a record for filingor cancels a record under G.S. 25‑9‑518(b1), it shall communicateto the person that presented the record the fact of and reason for the refusalor cancellation and the date and time the record would have been filed had thefiling office accepted it. The communication must be made at the time and inthe manner prescribed by filing‑office rule but in no event more thanthree business days after the filing office receives or cancels the record.
(c) When filedfinancing statement effective. A filed financing statement satisfying G.S. 25‑9‑502(a)and (b) is effective, even if the filing office is required to refuse to acceptit for filing under subsection (a) of this section. However, G.S. 25‑9‑338applies to a filed financing statement providing information described in G.S.25‑9‑516(b)(5) which is incorrect at the time the financingstatement is filed.
(d) Separateapplication to multiple debtors. If a record communicated to a filing officeprovides information that relates to more than one debtor, this Part applies asto each debtor separately.
(e) Appeal.
(1) If the Secretary ofState refuses to accept a record for filing pursuant to G.S. 25‑9‑516(b)(8)or cancels a wrongfully filed record pursuant to G.S. 25‑9‑518(b1),the secured party may file an appeal within 30 days after the refusal orcancellation in the Superior Court of Wake County. Filing a petition requestingto be allowed to file the document commences the appeal. The petition shall befiled with the court and with the Secretary of State and shall have the recordattached to it. Upon the commencement of an appeal, it shall be set for hearingat the earliest possible time and shall take precedence over all matters exceptolder matters of the same character. The appeal to the Superior Court is notgoverned by Article 3, 3A, or 4 of Chapter 150B of the General Statutes andshall be determined upon such further notice and opportunity to be heard, ifany, as the court may deem appropriate under the circumstances. The court shallpermit the joinder of any interested party that would be allowed under theRules of Civil Procedure.
(2) Upon considerationof the petition and other appropriate pleadings, the court may order theSecretary of State to file the record or take other action the court considersappropriate, including the entry of orders affirming, reversing, or otherwisemodifying the decision of the Secretary of State. The court may order any otherrelief, including equitable relief, as may be appropriate.
(3) The court's finaldecision may be appealed as in other civil proceedings. (2000‑169, s. 1; 2001‑231,s. 4.)
