Section 409.516 - What constitutes filing; effectiveness of filing(1) WHAT CONSTITUTES FILING. Except as otherwise provided in sub. (2), 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.(2) REFUSAL TO ACCEPT RECORD; FILING DOES NOT OCCUR. Filing does not occur with respect to a record that a filing office refuses to accept because: (a) The record is not communicated by a method or medium of communication authorized by the filing office;(b) An amount equal to or greater than the applicable filing fee is not tendered;(c) The filing office is unable to index the record because:1. In the case of an initial financing statement, the record does not provide a name for the debtor;2. In the case of an amendment or information statement, the record: a. Does not identify the initial financing statement as required by s. 409.512 or 409.518 , as applicable; orb. Identifies an initial financing statement whose effectiveness has lapsed under s. 409.515 ;3. 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; or4. In the case of a record filed or recorded in the filing office described in s. 409.501(1) (a) , the record does not provide a sufficient description of the real property to which it relates;(d) 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;(e) 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:1. Provide a mailing address for the debtor; or2. Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;(f) In the case of an assignment reflected in an initial financing statement under s. 409.514(1) or an amendment filed under s. 409.514(2) , the record does not provide a name and mailing address for the assignee; or(g) In the case of a continuation statement, the record is not filed within the 6-month period prescribed by s. 409.515(4) .(h) The record contains the social security number of an individual.(3) RULES APPLICABLE TO SUB. (2). For purposes of sub. (2):(a) A record does not provide information if the filing office is unable to read or decipher the information; and(b) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by s. 409.512 , 409.514 , or 409.518 , is an initial financing statement.(4) REFUSAL TO ACCEPT RECORD; RECORD EFFECTIVE AS FILED RECORD. 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 sub. (2), 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.2001 a. 10; 2009 a. 347; 2011 a. 206.Subd. 2. (intro.) is amended eff. 7-1-13 by 2011 Wis. Act 206 to read:
2. In the case of an amendment or information statement, the record:
Subd. 3. is amended eff. 7-1-13 by 2011 Wis. Act 206 to read:
3. 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
Subd. 1. is amended eff. 7-1-13 by 2011 Wis. Act 206 to read:
1. Provide a mailing address for the debtor; or
Subd. 2. is amended eff. 7-1-13 by 2011 Wis. Act 206 to read:
2. Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;
Subd. 3. is repealed eff. 7-1-13 by 2011 Wis. Act 206.