§ 6A-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 feeor 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 toaccept because:
(1) The record is not communicated by a method or medium ofcommunication authorized by the filing office;
(2) An amount equal to or greater than the applicable filingfee is not tendered;
(3) The filing office is unable to index the record because:
(i) In the case of an initial financing statement, the recorddoes not provide a name for the debtor;
(ii) In the case of an amendment or correction statement, therecord:
(A) Does not identify the initial financing statement asrequired by § 6A-9-512 or § 6A-9-518, as applicable; or
(B) Identifies an initial financing statement whoseeffectiveness has lapsed under § 6A-9-515;
(iii) In the case of an initial financing statement thatprovides the name of a debtor identified as an individual or an amendment thatprovides a name of a debtor identified as an individual which was notpreviously provided in the financing statement to which the record relates, therecord does not identify the debtor's last name; or
(iv) In the case of a record filed or recorded in the filingoffice described in § 6A-9-501(a)(1), the record does not provide asufficient description of the real property to which it relates;
(4) In the case of an initial financing statement or anamendment that adds a secured party of record, the record does not provide aname and mailing address for the secured party of record;
(5) In the case of an initial financing statement or anamendment that provides a name of a debtor which was not previously provided inthe financing statement to which the amendment relates, the record does not:
(i) Provide a mailing address for the debtor;
(ii) Indicate whether the debtor is an individual or anorganization; or
(iii) If the financing statement indicates that the debtor isan 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 orindicate that the debtor has none;
(6) In the case of an assignment reflected in an initialfinancing statement under § 6A-9-514(a) or an amendment filed under §6A-9-514(b), the record does not provide a name and mailing address for theassignee; or
(7) In the case of a continuation statement, the record isnot filed within the six-month period prescribed by § 6A-9-515(d).
(c) Rules applicable to subsection (b). For purposesof subsection (b):
(1) A record does not provide information if the filingoffice is unable to read or decipher the information; and
(2) A record that does not indicate that it is an amendmentor identify an initial financing statement to which it relates, as required by§ 6A-9-512, 6A-9-514, or 6A-9-518, is an initial financing statement.
(d) Refusal to accept record; record effective as filedrecord. A record that is communicated to the filing office with tender ofthe filing fee, but which the filing office refuses to accept for a reasonother than one set forth in subsection (b), is effective as a filed recordexcept as against a purchaser of the collateral which gives value in reasonablereliance upon the absence of the record from the files.
§ 6A-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 feeor 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 toaccept because:
(1) The record is not communicated by a method or medium ofcommunication authorized by the filing office;
(2) An amount equal to or greater than the applicable filingfee is not tendered;
(3) The filing office is unable to index the record because:
(i) In the case of an initial financing statement, the recorddoes not provide a name for the debtor;
(ii) In the case of an amendment or correction statement, therecord:
(A) Does not identify the initial financing statement asrequired by § 6A-9-512 or § 6A-9-518, as applicable; or
(B) Identifies an initial financing statement whoseeffectiveness has lapsed under § 6A-9-515;
(iii) In the case of an initial financing statement thatprovides the name of a debtor identified as an individual or an amendment thatprovides a name of a debtor identified as an individual which was notpreviously provided in the financing statement to which the record relates, therecord does not identify the debtor's last name; or
(iv) In the case of a record filed or recorded in the filingoffice described in § 6A-9-501(a)(1), the record does not provide asufficient description of the real property to which it relates;
(4) In the case of an initial financing statement or anamendment that adds a secured party of record, the record does not provide aname and mailing address for the secured party of record;
(5) In the case of an initial financing statement or anamendment that provides a name of a debtor which was not previously provided inthe financing statement to which the amendment relates, the record does not:
(i) Provide a mailing address for the debtor;
(ii) Indicate whether the debtor is an individual or anorganization; or
(iii) If the financing statement indicates that the debtor isan 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 orindicate that the debtor has none;
(6) In the case of an assignment reflected in an initialfinancing statement under § 6A-9-514(a) or an amendment filed under §6A-9-514(b), the record does not provide a name and mailing address for theassignee; or
(7) In the case of a continuation statement, the record isnot filed within the six-month period prescribed by § 6A-9-515(d).
(c) Rules applicable to subsection (b). For purposesof subsection (b):
(1) A record does not provide information if the filingoffice is unable to read or decipher the information; and
(2) A record that does not indicate that it is an amendmentor identify an initial financing statement to which it relates, as required by§ 6A-9-512, 6A-9-514, or 6A-9-518, is an initial financing statement.
(d) Refusal to accept record; record effective as filedrecord. A record that is communicated to the filing office with tender ofthe filing fee, but which the filing office refuses to accept for a reasonother than one set forth in subsection (b), is effective as a filed recordexcept as against a purchaser of the collateral which gives value in reasonablereliance upon the absence of the record from the files.
§ 6A-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 feeor 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 toaccept because:
(1) The record is not communicated by a method or medium ofcommunication authorized by the filing office;
(2) An amount equal to or greater than the applicable filingfee is not tendered;
(3) The filing office is unable to index the record because:
(i) In the case of an initial financing statement, the recorddoes not provide a name for the debtor;
(ii) In the case of an amendment or correction statement, therecord:
(A) Does not identify the initial financing statement asrequired by § 6A-9-512 or § 6A-9-518, as applicable; or
(B) Identifies an initial financing statement whoseeffectiveness has lapsed under § 6A-9-515;
(iii) In the case of an initial financing statement thatprovides the name of a debtor identified as an individual or an amendment thatprovides a name of a debtor identified as an individual which was notpreviously provided in the financing statement to which the record relates, therecord does not identify the debtor's last name; or
(iv) In the case of a record filed or recorded in the filingoffice described in § 6A-9-501(a)(1), the record does not provide asufficient description of the real property to which it relates;
(4) In the case of an initial financing statement or anamendment that adds a secured party of record, the record does not provide aname and mailing address for the secured party of record;
(5) In the case of an initial financing statement or anamendment that provides a name of a debtor which was not previously provided inthe financing statement to which the amendment relates, the record does not:
(i) Provide a mailing address for the debtor;
(ii) Indicate whether the debtor is an individual or anorganization; or
(iii) If the financing statement indicates that the debtor isan 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 orindicate that the debtor has none;
(6) In the case of an assignment reflected in an initialfinancing statement under § 6A-9-514(a) or an amendment filed under §6A-9-514(b), the record does not provide a name and mailing address for theassignee; or
(7) In the case of a continuation statement, the record isnot filed within the six-month period prescribed by § 6A-9-515(d).
(c) Rules applicable to subsection (b). For purposesof subsection (b):
(1) A record does not provide information if the filingoffice is unable to read or decipher the information; and
(2) A record that does not indicate that it is an amendmentor identify an initial financing statement to which it relates, as required by§ 6A-9-512, 6A-9-514, or 6A-9-518, is an initial financing statement.
(d) Refusal to accept record; record effective as filedrecord. A record that is communicated to the filing office with tender ofthe filing fee, but which the filing office refuses to accept for a reasonother than one set forth in subsection (b), is effective as a filed recordexcept as against a purchaser of the collateral which gives value in reasonablereliance upon the absence of the record from the files.
