N.Y.
Uniform Commercial Code Law Section 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 9--512 or 9--518, as applicable; or(ii)
identifies an initial financing statement whose effectiveness has lapsed under Section 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 in the filing office described in Section 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; or (B) indicate whether the debtor is an individual or an organization; (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 Section 9--514(a) or an amendment filed under Section 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 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 9--512, 9--514, or 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.(e)
Special rule for cooperative interests; record effective as notice. A filing that includes a cooperative addendum covering a cooperative interest constitutes notice of the existence of the security interest in the cooperative interest as of the date of the filing of the cooperative addendum, except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.
Source:
Section 9-516 — What Constitutes Filing; Effectiveness of Filing, https://www.nysenate.gov/legislation/laws/UCC/9-516 (updated Sep. 22, 2014; accessed May 18, 2024).
