2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 9 - SECURED TRANSACTIONS (§§ 47-9-101 — 47-9-809) › Part 5 - FILING (§§ 47-9-501 — 47-9-527) › Section 47-9-516 - 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)
The amount that is tendered is not equal to or greater than the sum of the applicable filing fee plus recording tax under §
67-4-409(b)
, if any, based on the representation of indebtedness required thereunder;
(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 §
47-9-512
or §
47-9-518
, as applicable; or
(ii)
Identifies an initial financing statement whose effectiveness has lapsed under §
47-9-515
;
(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 §
47-9-501(a)(1)
, the record does not provide the name of the debtor and 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 §
47-9-514(a)
or an amendment filed under §
47-9-514(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 §
47-9-515(d)
; or
(8)
The record does not contain, either on its face or in an accompanying sworn statement, the language required under §
67-4-409(b)(6)(C)
with respect to the recording tax imposed under §
67-4-409(b)
, if any.
(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 §
47-9-512
, §
47-9-514
, or §
47-9-518
, 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.
Acts 2000, ch. 846, § 1; 2008 , ch. 648, § 2; 2012 , ch. 708, § 16.