2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 5 - FILING (§§ 11-9-501 — 11-9-526) › Subpart 1 - FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT (§§ 11-9-501 — 11-9-518) › Section 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 information 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 surname; 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; or
(B)
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.
(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.
Amended by 2013 Ga. Laws 223,§ 14, eff. 7/1/2013.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.