Section 57A-9-516 - What constitutes filing-Refusal to accept for filing-Effect(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 § 57A-9-512 or 57A-9-518, as applicable; or(ii) Identifies an initial financing statement whose effectiveness has lapsed under § 57A-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 § 57A-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 § 57A-9-514(a) or an amendment filed under § 57A-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 § 57A-9-515(d).(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; 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 § 57A-9-512, 57A-9-514, or 57A-9-518, is an initial financing statement.(d) If a person presents a financing statement to the secretary of state for filing or recording, the secretary of state may refuse to accept or reject the financing statement for filing or recording if:(1) The financing statement is not required or authorized to be filed or recorded with the secretary of state; or(2) The secretary of state has reasonable cause to believe the financing statement is materially false or fraudulent.(e) A financing statement that the secretary of state may refuse to accept or reject includes the following:(1) Any financing statement that has the same name listed as both the debtor and the secured party;(2) Any financing statement that identifies an individual debtor as a transmitting utility;(3) Any financing statement that is determined to be intended for an improper purpose, such as hindering, harassing, or wrongfully interfering with another person or entity; or(4) Any financing statement that is filed:(A) Without the consent or participation of the:(i) Obligor named in the financing statement;(ii) The person named in the financing statement as debtor; and(iii) The owner of collateral described or indicated in the financing statement; or(B) By consent of an agent, a fiduciary, or another representative of the secured party of record without the consent of the secured party; or(5) Any financing statement that is forged.(f) The secretary of state does not have a duty to inspect, evaluate, or investigate a financing statement that is presented for filing or recording.(g) 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.SL 2000, ch 231; SL 2012, ch 238, §14, eff. July 1, 2013; SL 2018, ch 276, §1.Amended by S.L. 2018, ch. 276,s. 1, eff. 7/1/2018.