§ 11-9-516. What Constitutes Filing; Effectiveness of Filing

1. 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.
2. 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:
      1. In the case of an initial financing statement, the record does not provide a name for the debtor;
      2. In the case of an amendment or information statement, the record:
         1. Does not identify the initial financing statement as required by Code Section 11-9-512 or 11-9-518, as applicable;
         2. Identifies an initial financing statement whose effectiveness has lapsed under Code Section 11-9-515;
         3. Identifies more than one initial financing statement; or
         4. Indicates that it is presented to accomplish more than one action, such as amendment and continuation;
      3. 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
      4. 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:
      1. Provide a mailing address for the debtor; or
      2. Indicate whether the name provided as the name of the debtor is the name of an individual or an organization; 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.
3. 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.
4. 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.

History. Code 1981, § 11-9-516 , enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2013, p. 690, § 14/SB 185.

Law reviews.

For article, “The Revisions to Article IX of the Uniform Commercial Code,” see 15 Ga. St. B.J. 120 (1977).

For article, “H.B. 712: New Requirements for Financing Statements and Continuation Statements Filed in Georgia,” see 22 Ga. St. B.J. 6 (1985).

For article surveying commercial law in 1984-1985, see 37 Mercer L. Rev. 139 (1985).

For article, “H.B. 1364: Revised Requirements for Financing Statements and Continuation Statements Filed in Georgia,” see 23 Ga. St. B.J. 50 (1986).

For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986).

For survey article on commercial law, see 44 Mercer L. Rev. 99 (1992).