Section 1-6 - Acceptance and Refusal of Documents (a) Duty to File. - (i) The duties and responsibilities of the filing officer with respect to the administration of the EFS are ministerial and the filing office bears no responsibility for the legal effectiveness of a filing. In accepting for filing or refusing to file an EFS record pursuant to these rules, the filing officer does none of the following:
- (A) Determine the legal sufficiency or insufficiency of a document.
- (B) Determine that a security interest in collateral exists or does not exist.
- (C) Determine that information in the document is correct or incorrect, in whole or in part.
- (D) Create a presumption that information in the document is correct or incorrect, in whole or in part.
- (ii) If a remitter demonstrates to the satisfaction of the filing officer that an EFS record that was refused for filing should have been filed, the filing officer will file it and the effective date and time of filing shall be the date and time the EFS record was originally tendered for filing.
- (iii) If the filing officer finds grounds to refuse an EFS document, the filing officer shall return the document and communicate in writing, whether via hard copy or email correspondence, the reasons for the rejection and the filing officer shall return or refund the filing fee.