2006 Minnesota Statutes

336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
(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.
(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 filing office 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 section 336.9-512 or
336.9-518, as applicable; or
(ii) identifies an initial financing statement whose effectiveness has lapsed under section
336.9-515;
(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 section
336.9-501(a)(1), 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;
(ii) a jurisdiction of organization for the debtor; or
(iii) an organizational identification number for the debtor or indicate that the debtor has
none;
(6) in the case of an assignment reflected in an initial financing statement under section
336.9-514(a) or an amendment filed under section 336.9-514(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 section 336.9-515(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 section 336.9-512, 336.9-514, or 336.9-518, 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), 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.
History: 2000 c 399 art 1 s 87