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Uniform Commercial Code | |
Uniform Commercial Code - Secured Transactions | |
Section 516 | What constitutes filing -- Effectiveness of filing. |
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70A-9a-516. What constitutes filing -- Effectiveness of filing. (1) Except as otherwise provided in Subsection (2), 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. (2) Filing does not occur with respect to a record that a filing office refuses to accept because: (a) the record is not communicated by a method or medium of communication authorized by 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 the debtor; (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 or 70A-9a-518, as applicable; or (B) identifies an initial financing statement whose effectiveness has lapsed under Section 70A-9a-515; (iii) 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 (iv) in the case of a record filed or recorded in the filing office described in Subsection 70A-9a-501(1)(a), the record does not provide a sufficient description of the real property to which it relates; (d) 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; (e) 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: (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 has none; (f) in the case of an assignment reflected in an initial financing statement under Subsection 70A-9a-514(1) or an amendment filed under Subsection 70A-9a-514(2), the record does 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-month period 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 decipher the information; and (b) 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 70A-9a-512, 70A-9a-514, or 70A-9a-518, is
an initial financing statement.
Enacted by Chapter 252, 2000 General Session |
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