2010 Georgia Code
TITLE 11 - COMMERCIAL CODE
ARTICLE 9 - SECURED TRANSACTIONS
PART 5 - FILING
PART 1 - FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT
§ 11-9-516 - What constitutes filing; effectiveness of filing
. What constitutes filing; effectiveness of filing.
(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 correction statement, the record:
(i) Does not identify the initial financing statement as required by Code Section 11-9-512
, 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 last name; 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;
(B) Indicate whether the debtor is an individual or an organization; or
(C) If the financing statement indicates that the debtor is an organization, provide:
(i) A type of organization for the debtor; or
(ii) A jurisdiction of organization for the debtor; 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
, 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.
Graham Syfert - Jacksonville Lawyer