Title 11, Chapter 9, Section 516
( 11-9-516)
What constitutes filing; effectiveness of filing. (a) What constitutes filing. Except as otherwise provided in
subsection (b) of this Code section, 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 authority 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 Code Section 11-9-512 or 11-9-518, as applicable; (ii) Identifies an initial financing statement whose effectiveness has lapsed under Code Section 11-9-515; (iii) Identifies more than one initial financing statement; or (iv) Indicates that it is presented to accomplish more than
one action, such as amendment and continuation; (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 paragraph (1) of subsection (a) of Code Section 11-9-501, 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; or (ii) A jurisdiction of organization for the debtor; or (6) In the case of an assignment reflected in an initial financing statement under subsection (a) of Code Section 11-9-514 or an amendment filed under subsection (b) of Code Section 11-9-514, the record does not provide a name and mailing address for the assignee. (c) Rules applicable to subsection (b) of this Code section. For
purposes of subsection (b) of this Code section: (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 accurately identify an initial financing statement to which it relates, as required by Code Section 11-9-512, 11-9-514, or 11-9-518, 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) of this Code
section, 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. |