2007 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. For purposes of filing office authorization, transmission of records using the
Extensible Markup Language (XML) format is authorized by the filing office after the later of
July 1, 2007, or the determination of the secretary of state that the central filing system is capable
of receiving and processing these records;
    (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; 2007 c 148 art 2 s 61