TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 9

SECURED TRANSACTIONS

PART 5.

FILING

28-9-520.  Acceptance and refusal to accept record. (a) A filing office shall refuse to accept a record for filing for a reason set forth in section 28-9-516(b) and may refuse to accept a record for filing only for a reason set forth in section 28-9-516(b).

(b)  If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing office rule but, in the case of a filing office described in section 28-9-501(a)(2), in no event more than two (2) business days after the filing office receives the record.

(c)  A filed financing statement satisfying section 28-9-502(a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a) of this section. However, section 28-9-338 applies to a filed financing statement providing information described in section 28-9-516(b)(5) which is incorrect at the time the financing statement is filed.

(d)  If a record communicated to a filing office provides information that relates to more than one (1) debtor, this part applies as to each debtor separately.

History:

[28-9-520, added 2001, ch. 208, sec. 2, p. 772.]