§ 36-9-516 — What constitutes filing; effectiveness of filing.

South Carolina § 36-9-516

• Jurisdiction: South Carolina
• Title 36: COMMERCIAL CODE
• Ch. 9: COMMERCIAL CODE—SECURED TRANSACTIONS

Text

(a) Except as otherwise provided in subsection (b), 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 Section 36-9-512 or 36-9-518, as applicable; or (ii) identifies an initial financing statement whose effectiveness has lapsed under Section 36-9-515; (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 filed or recorded in the filing office described in Section 36-9-501(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 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; (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 Section 36-9-514(a) or an amendment filed under Section 36-9-514(b), the record does not provide a name and mailing address for the assignee; (7) in the case of a continuation statement, the record is not filed within the six-month period prescribed by Section 36-9-515(d); (8) in the case of a record presented for filing at the Office of the Secretary of State, the Secretary of State determines that the record is not created pursuant to this chapter or is otherwise intended for an improper purpose, such as to defraud, hinder, harass, or otherwise wrongfully interfere with a person; or (9) in the case of a record presented for filing at the Office of the Secretary of State, the same person or entity is listed as both debtor and secured party, the collateral described is not within the scope of this chapter, or that the record is being filed for a purpose other than a transaction that is within the scope of this chapter. (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 Section 36-9-512, 36-9-514, or 36-9-518, 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 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

HISTORY: 2001 Act No. 67, SECTION 12; 2005 Act No. 161, SECTION 37.B, eff upon approval (became law without the Governor's signature on June 9, 2005); 2013 Act No. 96, SECTION 15, eff July 1, 2013. Effect of Amendment The 2005 amendment added paragraphs (b)(8) and (b)(9) relating to records outside the scope of the chapter. The 2013 amendment, in subsection (b)(3)(B), substituted "information" for "correction"; in subsection (b)(3)(C), substituted "surname" for "last name"; in subsection (b)(5)(B), inserted "name provided as the name of the" and "the name of"; deleted subsection (b)(5)(C); and made other nonsubstantive changes.