Louisiana § RS 10:9-516 - What constitutes filing; effectiveness of filing

§ RS 10:9-516. What constitutes filing; effectiveness of filing

            (a) What constitutes filing. (1) Except as otherwise provided in Subsection (a)(2), acceptance of the record by the filing office constitutes filing.

            (2) A financing statement covering a titled motor vehicle not held as inventory for sale or lease is filed when received provided the receipt is subsequently validated by the secretary of the Department of Public Safety and Corrections, office of motor vehicles.

            (3) A financing statement covering a titled vessel or outboard motor not held as inventory for sale or lease is filed when received provided the receipt is subsequently validated by the Department of Wildlife and Fisheries.

            (b) Refusal to accept record; filing does not occur. A filing office may refuse to accept a record for filing only 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) (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 R.S. 10:9-512 or 9-518, as applicable; or

            (ii) identifies an initial financing statement whose effectiveness has lapsed under R.S. 10:9-515; or

            (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.

            (D) [Reserved.]

            (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; or

            (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 R.S. 10:9-514(a) or an amendment filed under R.S. 10:9-514(b), the record does not provide a name and mailing address for the assignee; or

            (7) in the case of a continuation statement, the record is not filed within the six-month period prescribed by R.S. 10:9-515(d).

            (c) Rules applicable to Subsection (b). 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 R.S. 10:9-512, 9-514, or 9-518, is an initial financing statement.

            (d) [Reserved.]

            Acts 2001, No. 128, §1, eff. July 1, 2001; Acts 2004, No. 303, §2; Acts 2007, No. 319, §1, eff. July 1, 2008; Acts 2009, No. 508, §1, eff. Jan. 1, 2011; Acts 2012, No. 450, §1, eff. July 1, 2013.