Tennessee § 47-9-516 - What constitutes filing — Effectiveness of filing.

§ 47-9-516. What constitutes filing — Effectiveness of filing.

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. 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: The record is not communicated by a method or medium of communication authorized by the filing office; The amount that is tendered is not equal to or greater than the sum of the applicable filing fee plus recording tax under § 67-4-409(b), if any, based on the representation of indebtedness required thereunder; The filing office is unable to index the record because: In the case of an initial financing statement, the record does not provide a name for the debtor; In the case of an amendment or information statement, the record: Does not identify the initial financing statement as required by § 47-9-512 or § 47-9-518, as applicable; or Identifies an initial financing statement whose effectiveness has lapsed under § 47-9-515; 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 In the case of a record filed in the filing office described in § 47-9-501(a)(1), the record does not provide the name of the debtor and a sufficient description of the real property to which it relates; 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; 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: Provide a mailing address for the debtor; or Indicate whether the name provided as the name of the debtor is the name of an individual or an organization; In the case of an assignment reflected in an initial financing statement under § 47-9-514(a) or an amendment filed under § 47-9-514(b), the record does not provide a name and mailing address for the assignee; In the case of a continuation statement, the record is not filed within the six-month period prescribed by § 47-9-515(d); or The record does not contain, either on its face or in an accompanying sworn statement, the language required under § 67-4-409(b)(5)(C) with respect to the recording tax imposed under § 67-4-409(b), if any. Rules applicable to subsection (b). For purposes of subsection (b): A record does not provide information if the filing office is unable to read or decipher the information; and A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by § 47-9-512, § 47-9-514, or § 47-9-518, is an initial financing statement. 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. Acts 2000, ch. 846, § 1; 2008, ch. 648, § 2; 2012, ch. 708, § 16. Compiler's Notes. Acts 2008, ch. 648, § 3 provided that it is the legislative intent to create a broad safe harbor for the use of a debtor's name in any form permitted by the act, which amended § 47-9-503(a)(1) , added § 47-9-503(a)(4) and amended § 47-9-516(b)(3)(D) . To this end, the act applies to any filings made both before and after May 1, 2008; provided, however, that any filing made prior to May 1, 2008, that was validly filed but that does not conform to the requirements of the act shall continue to be valid and nevertheless benefit from the safe harbor created and no amendment shall be required to conform to the requirements of the act. Amendment Notes. The 2012 amendment, effective July 1, 2013, in (b), substituted “information statement” for “correction statement” in (3)(B), substituted “surname;” for “last name;” in (3)(C), deleted “or recorded” following “a record filed” in (3)(D), and substituted “the name provided as the name of the debtor is the name of” for “the debtor is” in (5)(B). Effective Dates. Acts 2012, ch. 708, § 22. July 1, 2013; provided, that, for the purpose of the secretary of state taking necessary actions for the implementation of the act, the act shall take effect April 11, 2012. Cross-References. Agricultural production input security interests, title 43, ch. 31. Transition provisions, title 47, ch. 9, part 7. Prior Tennessee Law: §§ 47-1014, 47-1803, 64-1216, 64-1218, 64-1220, 64-1803. Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Commercial Law, §§ 98, 102. Law Reviews. 1996 Real Estate Legislation: What You Don't Know Can Hurt You (William R. Bruce), 32 No. 6 Tenn. B.J. 12 (1996). Revised UCC Article 9: An Overview and Comparison to Tennessee Law, 50 Tenn. L. Rev. 271 (1983).