§ 11-9-516 — What constitutes filing; effectiveness of filing

Georgia § 11-9-516

• Jurisdiction: Georgia
• Title: 11

Text

(a) What constitutes filing. Except as otherwise provided in subsection (b) of this Code 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) 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: (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 authority 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 Code Section 11-9-512 or 11-9-518 , as applicable; (ii) Identifies an initial financing statement whose effectiveness has lapsed under Code Section 11-9-515 ; (iii) Identifies more than one initial financing statement; or (iv) Indicates that it is presented to accomplish more than one action, such as amendment and continuation; (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 paragraph (1) of subsection (a) of Code Section 11-9-501 , 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; or (6) In the case of an assignment reflected in an initial financing statement under subsection (a) of Code Section 11-9-514 or an amendment filed under subsection (b) of Code Section 11-9-514 , the record does not provide a name and mailing address for the assignee. (c) Rules applicable to subsection (b) of this Code section. For purposes of subsection (b) of this Code 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 accurately identify an initial financing statement to which it relates, as required by Code Section 11-9-512 , 11-9-514 , or 11-9-518 , is an initial financing statement. (d) 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 subsection (b) of this Code section, 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.

Legislative History

Amended by 2013 Ga. Laws 223,§ 14, eff. 7/1/2013. Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.