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     57A-9-516.   What constitutes filing--Effect of filing office's refusal to accept record for 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 information statement, the record:
             (i)      Does not identify the initial financing statement as required by § 57A-9-512 or 57A-9-518, as applicable; or
             (ii)      Identifies an initial financing statement whose effectiveness has lapsed under § 57A-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 surname; or
             (D)      In the case of a record filed or recorded in the filing office described in § 57A-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; or
             (B)      Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;
             (6)      In the case of an assignment reflected in an initial financing statement under § 57A-9-514(a) or an amendment filed under § 57A-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 § 57A-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 § 57A-9-512, 57A-9-514, or 57A-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.

Source: SL 2000, ch 231; SL 2012, ch 238, § 14, eff. July 1, 2013.


     57A-9-516.   What constitutes filing--Effect of filing office's refusal to accept record for 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 information statement, the record:
             (i)      Does not identify the initial financing statement as required by § 57A-9-512 or 57A-9-518, as applicable; or
             (ii)      Identifies an initial financing statement whose effectiveness has lapsed under § 57A-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 surname; or
             (D)      In the case of a record filed or recorded in the filing office described in § 57A-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; or
             (B)      Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;
             (6)      In the case of an assignment reflected in an initial financing statement under § 57A-9-514(a) or an amendment filed under § 57A-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 § 57A-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 § 57A-9-512, 57A-9-514, or 57A-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.

Source: SL 2000, ch 231; SL 2012, ch 238, § 14, eff. July 1, 2013.


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