2023 New York Laws › UCC - Uniform Commercial Code › Article 9 - Secured Transactions › Part 5 - Filing › Sub Part 1 - Filing Office; Contents and Effectiveness of Financing Statement › 9-516 - What Constitutes Filing; Effectiveness of Filing

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.