Current through 11/5/2024 election
Section 4-9-516 - What constitutes filing - effectiveness of filing(a) Except as otherwise provided in subsection (b) of this section, 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 section 4-9-512 or 4-9-518, as applicable; or(ii) Identifies an initial financing statement whose effectiveness has lapsed under section 4-9-515;(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 that 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 section 4-9-501 (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 that 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 debtor is an individual or an organization.(6) In the case of an assignment reflected in an initial financing statement under section 4-9-514 (a) or an amendment filed under section 4-9-514 (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 section 4-9-515 (d).(c) For purposes of subsection (b) of this section:(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 section 4-9-512, 4-9-514, or 4-9-518, 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) of this section, 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.L. 2001: Entire article R&RE, p. 1387, § 1, effective July 1. L. 2012: IP(b)(3)(B), (b)(3)(C), IP(b)(5), (b)(5)(A), and (b)(5)(B) amended and (b)(5)(C) repealed, (HB 12-1262), ch. 170, p. 602, § 13, effective 7/1/2013.