§ 104.9516 — What constitutes filing; effectiveness of filing

1. Except as otherwise provided in subsection 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. 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:
(I) Does not identify the initial financing statement as required by NRS 104.9512 or 104.9518 , as applicable; or
(II) Identifies an initial financing statement whose effectiveness has lapsed under NRS 104.9515 ;
(3) In the case of an initial financing statement that provides the name of a debtor identified as a natural person or an amendment that provides a name of a debtor identified as a natural person which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor’s surname; or
(4) In the case of a record filed or recorded in the filing office described in paragraph (a) of subsection 1 of NRS 104.9501 , 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; or
(2) Indicate whether the name provided as the name of the debtor is the name of a natural person or an organization;
(f) In the case of an assignment reflected in an initial financing statement under subsection 1 of NRS 104.9514 or an amendment filed under subsection 2 of that section, the record does not provide a name and mailing address for the assignee;
(g) In the case of a continuation statement, the record is not filed within the 6-month period prescribed by subsection 4 of NRS 104.9515 ; or
(h) The record lists a public official of a governmental unit as a debtor and the public official has not authorized the filing of the information in an authenticated record as required pursuant to NRS 104.9509 .
3. For purposes of subsection 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 NRS 104.9512 , 104.9514 or 104.9518 , is an initial financing statement.
4. 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 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.

Legislative History

(Added to NRS by 1999, 335 ; A 2003, 837 ; 2011, 628 )