Indiana § 26-1-9.1-901 Refusal to accept financing statements; fraudulent financing
statements; no duty to inspect financing statements

Indiana Statutes

§ 26-1-9.1-901 — Refusal to accept financing statements; fraudulent financing statements; no duty to inspect financing statements

Indiana § 26-1-9.1-901

Title 26COMMERCIAL LAW

Art. 1UNIFORM COMMERCIAL CODE

Ch. 9.1Secured Transactions

This text of Indiana § 26-1-9.1-901 (Refusal to accept financing statements; fraudulent financing statements; no duty to inspect financing statements) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 26-1-9.1-901 (2026).

Text

(a)If a person presents a financing statement to the secretary of state for filing or recording, the secretary of state may refuse to accept 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.

(b)A fraudulent financing statement that the secretary of state may refuse to accept 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 imp

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(a) If a person presents a financing
statement to the secretary of state for filing or recording, the secretary
of state may refuse to accept 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.
(b) A fraudulent financing statement that the secretary of state may
refuse to accept 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.
(4) Any financing statement that is filed:
(A) without the consent or participation of the:
(i) obligor named in the financing statement;
(ii) person named in the financing statement as debtor; and
(iii) 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.
(5) Any financing statement that is forged.
(c) The secretary of state does not have a duty to inspect, evaluate,
or investigate a financing statement that is presented for filing or
recording.