70A-9a-516 - What constitutes filing -- Effectiveness of filing.
70A-9a-516. What constitutes filing -- Effectiveness of filing.
(1) Except as otherwise provided in Subsection (2), communication of a record to a filingoffice and tender of the filing fee or acceptance of the record by the filing office constitutes filing.
(2) Filing does not occur with respect to a record that a filing office refuses to acceptbecause:
(a) the record is not communicated by a method or medium of communication authorizedby the filing office;
(b) an amount equal to or greater than the applicable filing fee is not tendered;
(c) the filing office is unable to index the record because:
(i) in the case of an initial financing statement, the record does not provide a name for thedebtor;
(ii) in the case of an amendment or correction statement, the record:
(A) does not identify the initial financing statement as required by Section 70A-9a-512 or70A-9a-518, as applicable; or
(B) identifies an initial financing statement whose effectiveness has lapsed under Section70A-9a-515;
(iii) in the case of an initial financing statement that provides the name of a debtoridentified as an individual or an amendment that provides a name of a debtor identified as anindividual which was not previously provided in the financing statement to which the recordrelates, the record does not identify the debtor's last name; or
(iv) in the case of a record filed or recorded in the filing office described in Subsection70A-9a-501(1)(a), the record does not provide a sufficient description of the real property towhich it relates;
(d) in the case of an initial financing statement or an amendment that adds a secured partyof record, the record does not provide a name and mailing address for the secured party of record;
(e) in the case of an initial financing statement or an amendment that provides a name of adebtor which was not previously provided in the financing statement to which the amendmentrelates, the record does not:
(i) provide a mailing address for the debtor;
(ii) indicate whether the debtor is an individual or an organization; or
(iii) if the financing statement indicates that the debtor is an 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 or indicate that the debtor hasnone;
(f) in the case of an assignment reflected in an initial financing statement underSubsection 70A-9a-514(1) or an amendment filed under Subsection 70A-9a-514(2), the recorddoes not provide a name and mailing address for the assignee; or
(g) in the case of a continuation statement, the record is not filed within the six-monthperiod prescribed by Subsection 70A-9a-515(4).
(3) For purposes of Subsection (2):
(a) a record does not provide information if the filing office is unable to read or decipherthe information; and
(b) a record that does not indicate that it is an amendment or identify an initial financingstatement to which it relates, as required by Section 70A-9a-512, 70A-9a-514, or 70A-9a-518, is
an initial financing statement.
(4) A record that is communicated to the filing office with tender of the filing fee, butwhich the filing office refuses to accept for a reason other than one set forth in Subsection (2), iseffective as a filed record except as against a purchaser of the collateral which gives value inreasonable reliance upon the absence of the record from the files.
Enacted by Chapter 252, 2000 General Session