Ariz. Rev. Stat. § 47-9516

Current through L. 2024, ch. 259

Section 47-9516 - 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 47-9512 or 47-9518, as applicable; or

(ii) Identifies an initial financing statement whose effectiveness has lapsed under section 47-9515;

(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 47-9501, subsection A, paragraph 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 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 47-9514, subsection A or an amendment filed under section 47-9514, subsection 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 47-9515, subsection D.

C. For the 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 47-9512, 47-9514 or 47-9518, is an initial financing statement.

D. A record that is communicated to the filing office with tender of the filing fee, but that 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 that gives value in reasonable reliance on the absence of the record from the files.

A.R.S. § 47-9516

Amended by L. 2014, ch. 103,s. 16, eff. 4/22/2014.