RSA 382-A:9-516 · What Constitutes Filing; Effectiveness of Filing

382-A:9-516 What Constitutes Filing; Effectiveness of Filing. –

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(a)

What constitutes filing. 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.

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(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:

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(1)

the record is not communicated by a method or medium of communication authorized by the filing office;

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(2)

an amount equal to or greater than the applicable filing fee is not tendered;

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(3)

the filing office is unable to index the record because:

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(A)

in the case of an initial financing statement, the record does not provide a name for the debtor;

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(B)

in the case of an amendment or information statement, the record:

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(i)

does not identify the initial financing statement as required by Section 9-512 or 9-518, as applicable; or

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(ii)

identifies an initial financing statement whose effectiveness has lapsed under Section 9-515;

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(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

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(D)

in the case of a record filed in the filing office described in Section 9-501(a)(1), the record does not provide a sufficient description of the real property to which it relates;

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(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;

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(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:

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(A)

provide a mailing address for the debtor; or

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(B)

indicate whether the name provided as the name of the debtor is the name of an individual or an organization;

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(6)

in the case of an assignment reflected in an initial financing statement under Section 9-514(a) or an amendment filed under Section 9-514(b), the record does not provide a name and mailing address for the assignee; or

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(7)

in the case of a continuation statement, the record is not filed within the six-month period prescribed by Section 9-515(d).

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(c)

Rules applicable to subsection (b). For purposes of subsection (b):

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(1)

a record does not provide information if the filing office is unable to read or decipher the information; and

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(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 9-512, 9-514, or 9-518, is an initial financing statement.

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(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), 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. Source. 2001, 102:25, eff. July 1, 2001. 2012, 236:16, eff. July 1, 2013.

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