N.Y. UCC Law § 9-516 — New York Code / Act UCC / Article 9 / Part 5 / Subpart 1 / Section 9-516
What Constitutes Filing; Effectiveness of Filing
Status: in_force

Section 9--516. What Constitutes Filing; Effectiveness of Filing.\n  (a) What constitutes filing. Except as otherwise provided in\nsubsection (b), communication of a record to a filing office and tender\nof the filing fee or acceptance of the record by the filing office\nconstitutes filing.\n  (b) Refusal to accept record; filing does not occur. Filing does not\noccur with respect to a record that a filing office refuses to accept\nbecause:\n       (1) the record is not communicated by a method or medium of\n           communication authorized by the filing office;\n       (2) an amount equal to or greater than the applicable filing fee\n           is not tendered;\n       (3) the filing office is unable to index the record because:\n           (A) in the case of an initial financing statement, the record\n               does not provide a name for the debtor;\n           (B) in the case of an amendment or correction statement, the\n               record:\n               (i) does not identify the initial financing statement as\n                   required by Section 9--512 or 9--518, as applicable;\n                   or\n               (ii) identifies an initial financing statement whose\n                    effectiveness has lapsed under Section 9--515;\n           (C) in the case of an initial financing statement that\n               provides the name of a debtor identified as an individual\n               or an amendment that provides a name of a debtor\n               identified as an individual which was not previously\n               provided in the financing statement to which the record\n               relates, the record does not identify the debtor's last\n               name; or\n           (D) in the case of a record filed in the filing office\n               described in Section 9--501 (a) (1), the record does not\n               provide a sufficient description of the real property to\n               which it relates;\n       (4) in the case of an initial financing statement or an amendment\n           that adds a secured party of record, the record does not\n           provide a name and mailing address for the secured party of\n           record;\n       (5) in the case of an initial financing statement or an amendment\n           that provides a name of a debtor which was not previously\n           provided in the financing statement to which the amendment\n           relates, the record does not:\n           (A) provide a mailing address for the debtor; or\n           (B) indicate whether the debtor is an individual or an\n               organization;\n           (C) if the financing statement indicates that the debtor is\n               an organization, provide:\n               (i) a type of organization for the debtor, or\n               (ii) a jurisdiction of organization for the debtor; or\n       (6) in the case of an assignment reflected in an initial\n           financing statement under Section 9--514(a) or an amendment\n           filed under Section 9--514(b), the record does not provide a\n           name and mailing address for the assignee; or\n       (7) in the case of a continuation statement, the record is not\n           filed within the six-month period prescribed by Section\n           9--515(d).\n  (c) Rules applicable to subsection (b). For purposes of subsection\n(b):\n       (1) a record does not provide information if the filing office is\n           unable to read or decipher the information; and\n       (2) a record that does not indicate that it is an amendment or\n           identify an initial financing statement to which it relates,\n           as required by Section 9--512, 9--514, or 9--518, is an\n           initial financing statement.\n  (d) Refusal to accept record; record effective as filed record. A\nrecord that is communicated to the filing office with tender of the\nfiling fee, but which the filing office refuses to accept for a reason\nother than one set forth in subsection (b), is effective as a filed\nrecord except as against a purchaser of the collateral which gives value\nin reasonable reliance upon the absence of the record from the files.\n  (e) Special rule for cooperative interests; record effective as\nnotice.  A filing that includes a cooperative addendum covering a\ncooperative interest constitutes notice of the existence of the security\ninterest in the cooperative interest as of the date of the filing of the\ncooperative addendum, except as against a purchaser of the collateral\nwhich gives value in reasonable reliance upon the absence of the record\nfrom the files.\n