§ 26-1-9.1-516 — What constitutes filing; effectiveness of filing

Indiana § 26-1-9.1-516

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 1: UNIFORM COMMERCIAL CODE
• Ch. 9.1: Secured Transactions

Text

(a) Except as otherwise provided in
subsection (b) or section 901 of this chapter, 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 IC 26-1-9.1-512 or IC 26-1-9.1-518, as applicable; or
(ii) identifies an initial financing statement whose
effectiveness has lapsed under IC 26-1-9.1-515;
(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 recorded in the filing office
described in IC 26-1-9.1-501(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 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 IC 26-1-9.1-514(a) or an amendment filed under
IC 26-1-9.1-514(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 (6) month period prescribed by IC 26-1-9.1-515(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 IC 26-1-9.1-512, IC 26-1-9.1-514, or IC 26-1-9.1-518,
is an initial financing statement.
(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 (1) 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.

Legislative History

As added by P.L.57-2000, SEC.45. Amended by P.L.54-2011, SEC.16; P.L.86-2013, SEC.1.