RCW 62A.9A-516
What constitutes filing; effectiveness of
filing. (Effective until July 1, 2013.)
(a) What constitutes
filing. Except as otherwise provided in subsection (b) of this
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 or, in the case of a filing office described
in RCW 62A.9A-501(a)(1), an amount equal to 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 RCW 62A.9A-512 or 62A.9A-518, as applicable; or
(ii) Identifies an initial financing statement whose
effectiveness has lapsed under RCW 62A.9A-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 or recorded in the filing
office described in RCW 62A.9A-501(a)(1), the record does not
provide a name for the debtor or a sufficient description of the
real property to which the record 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;
(B) Indicate whether the debtor is an individual or an
organization; or
(C) If the financing statement indicates that the debtor is
an organization, provide:
(i) A type of organization for the debtor;
(ii) A jurisdiction of organization for the debtor; or
(iii) An organizational identification number for the debtor
or indicate that the debtor has none;
(6) In the case of an assignment reflected in an initial
financing statement under RCW 62A.9A-514(a) or an amendment filed
under RCW 62A.9A-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 RCW62A.9A-515
(d).
(c) Rules applicable to subsection (b) of this section. For
purposes of subsection (b) of this 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 identify an initial financing statement to which it relates,
as required by RCW 62A.9A-512, 62A.9A-514, or 62A.9A-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 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.
[2001 c 32 § 38; 2000 c 250 § 9A-516.]
NOTES:
Effective date -- 2001 c 32: See note following RCW62A.9A-102 .
RCW 62A.9A-516
What constitutes filing; effectiveness of
filing. (Effective July 1, 2013.)
(a) What constitutes filing.
Except as otherwise provided in subsection (b) of this 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 or, in the case of a filing office described
in RCW 62A.9A-501(a)(1), an amount equal to 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 RCW 62A.9A-512 or 62A.9A-518, as applicable; or
(ii) Identifies an initial financing statement whose
effectiveness has lapsed under RCW 62A.9A-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 or recorded in the filing
office described in RCW 62A.9A-501(a)(1), the record does not
provide a name for the debtor or a sufficient description of the
real property to which the record 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 RCW 62A.9A-514(a) or an amendment filed
under RCW 62A.9A-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 RCW62A.9A-515
(d).
(c) Rules applicable to subsection (b) of this section. For
purposes of subsection (b) of this 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 identify an initial financing statement to which it relates,
as required by RCW 62A.9A-512, 62A.9A-514, or 62A.9A-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 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.
[2011 c 74 § 404; 2001 c 32 § 38; 2000 c 250 § 9A-516.]
NOTES:
Application -- Correction of references -- Effective date -- 2011 c 74: See notes following RCW 62A.9A-102.
Effective date -- 2001 c 32: See note following RCW62A.9A-102 .