400.9-516. What constitutes filing--effectiveness of filing. - Missouri Statutes

What constitutes filing--effectiveness of filing.

400.9-516. (a) Except as otherwise provided in subsection (b),communication of a record to a filing office and tender of the filing feeor acceptance of the record by the filing office constitutes filing.

(b) Filing does not occur with respect to a record that a filingoffice refuses to accept because:

(1) The record is not communicated by a method or medium ofcommunication authorized by the filing office;

(2) An amount equal to or greater than the applicable filing fee isnot tendered;

(3) The filing office is unable to index the record because:

(A) In the case of an initial financing statement, the record doesnot provide a name for the debtor;

(B) In the case of an amendment or correction statement, the record:

(i) Does not identify the initial financing statement as required bysection 400.9-512 or 400.9-518, as applicable; or

(ii) Identifies an initial financing statement whose effectivenesshas lapsed under section 400.9-515;

(C) In the case of an initial financing statement that provides thename of a debtor identified as an individual or an amendment that providesa name of a debtor identified as an individual which was not previouslyprovided in the financing statement to which the record relates, the recorddoes not identify the debtor's last name; or

(D) In the case of a record filed or recorded in the filing officedescribed in section 400.9-501(a)(1), the record does not provide asufficient description of the real property to which it relates;

(4) In the case of an initial financing statement or an amendmentthat adds a secured party of record, the record does not provide a name andmailing address for the secured party of record;

(5) In the case of an initial financing statement or an amendmentthat provides a name of a debtor which was not previously provided in thefinancing statement to which the amendment relates, the record does not:

(A) Provide a mailing address for the debtor;

(B) Indicate whether the debtor is an individual or an organization;or

(C) If the financing statement indicates that the debtor is anorganization, provide:

(i) A type of organization for the debtor;

(ii) A jurisdiction of organization for the debtor; or

(iii) An organizational identification number for the debtor orindicate that the debtor has none;

(6) In the case of an assignment reflected in an initial financingstatement under section 400.9-514(a) or an amendment filed under section400.9-514(b), the record does not provide a name and mailing address forthe assignee; or

(7) In the case of a continuation statement, the record is not filedwithin the six-month period prescribed by section 400.9-515(d).

(c) For purposes of subsection (b):

(1) A record does not provide information if the filing office isunable to read or decipher the information; and

(2) A record that does not indicate that it is an amendment oridentify an initial financing statement to which it relates, as required bysection 400.9-512, 400.9-514 or 400.9-518, is an initial financingstatement.

(d) A record that is communicated to the filing office with tender ofthe filing fee, but which the filing office refuses to accept for a reasonother than one set forth in subsection (b), is effective as a filed recordexcept as against a purchaser of the collateral which gives value inreasonable reliance upon the absence of the record from the files.

(L. 2001 S.B. 288)

Effective 7-01-01