Section 400.9-516

Title XXVI TRADE AND COMMERCE

Chapter 400

Effective - 28 Aug 2014, 3 histories   

  400.9-516.  What constitutes filing — effectiveness of 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 section 400.9-512 or 400.9-518, as applicable; or

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

  (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 section 400.9-501(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 section 400.9-514(a) or an amendment filed under section 400.9-514(b), the record does not provide a name and mailing address for the assignee;

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

  (8)  The secretary of state has reasonable cause to believe the record is materially false or fraudulent; or

  (9)  The record on its face reveals, based on factors such as whether the debtor and the secured party are substantially the same person, the individual debtor is a transmitting utility, or whether the collateral described is within the scope of this chapter, that the record is being filed for a purpose other than a transaction that is within the scope of this chapter.  This includes a record that asserts a claim against a current or former employee or officer of a federal, state, county, or other local governmental unit that relates to the performance of the officer's or employee's public duties, and for which the filer does not hold a properly executed security agreement or judgment from a court of competent jurisdiction.

  (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;

  (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 400.9-512, 400.9-514 or 400.9-518, is an initial financing statement; and

  (3)  A document, instrument, or record shall be presumed to be materially false or fraudulent if the document, instrument, or record is filed by an offender or on behalf of an offender.  This presumption may be rebutted by providing the secretary of state the original or a copy of a sworn and notarized document signed by the obligor, debtor, or owner of the property designated as collateral stating that the person entered into a security agreement with the offender and authorized the filing of the instrument as provided in section 400.9-509.  For the purposes of this subdivision the term "offender" shall have the same definition as provided in section 217.010, except, it shall only include inmates in the custody of the department of corrections.

  (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.

  (e)  In the alternative to the provisions of sections 428.105 through 428.135, if an information statement filed with the secretary of state under section 400.9-518 alleges that a previously filed record was wrongfully filed, the secretary of state shall, without undue delay, determine whether the contested record was wrongfully filed.  To determine whether the record was wrongfully filed, the secretary of state may require the person who filed the information statement or the secured party to provide any additional relevant information, including an original or copy of a security agreement that is related to the record.  If the secretary of state finds that the record was wrongfully filed, the secretary of state shall terminate the record and the record shall be void and ineffective.  The secretary of state shall notify the secured party named in the contested record of the termination.

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(L. 2001 S.B. 288, A.L. 2013 H.B. 212, A.L. 2014 H.B. 1376 merged with H.B. 1412)