Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 1 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-11-106) › Chapter 9 - SECURED TRANSACTIONS (§§ 4-9-101 — 4-9-809) › Part 5 - FILING (§§ 4-9-501 — 4-9-529) › 1 - FILING OFFICE - CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT (§§ 4-9-501 — 4-9-518) › Section 4-9-516 - What constitutes filing - Effectiveness of filing

(a)
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)
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 information statement, the record:
(i)
does not identify the initial financing statement as required by §
4-9-512
or §
4-9-518
, as applicable; or
(ii)
identifies an initial financing statement whose effectiveness has lapsed under §
4-9-515
;
(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 surname; or
(D)
in the case of a record filed in the filing office described in §
4-9-501(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 name provided as the name of the debtor is the name of an individual or an organization;
(6)
in the case of an assignment reflected in an initial financing statement under §
4-9-514(a)
or an amendment filed under §
4-9-514(b)
, the record does not provide a name and mailing address for the assignee;
(7)
in the case of a continuation statement, the record is not filed within the six-month period prescribed by §
4-9-515(d)
; or
(8)
in the case of a financing statement, the filing office determines that the financing statement is fraudulent under §
4-9-520(e)
.
(c)
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 §
4-9-512
, §
4-9-514
, or §
4-9-518
, is an initial financing statement.
(d)
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.
Amended by Act 2019, No. 707,§ 1, eff. 7/24/2019.
Amended by Act 2013, No. 138,§ 19, eff. 2/20/2013.
Acts 2001, No. 1439, § 1.