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Ark. Code Ann. § 4-9-516

What constitutes filing — Effectiveness of filing

Known as the Uniform Commercial Code

The act spans §§ 4–4 (597 sections).

Acts 2001, No. 1439, § 1; 2013, No. 138, § 19; 2019, No. 707, § 1.

(1) 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.

(2) Filing does not occur with respect to a record that a filing office refuses to accept because: the record is not communicated by a method or medium of communication authorized by the filing office;

(3) an amount equal to or greater than the applicable filing fee is not tendered;

(4) the filing office is unable to index the record because: in the case of an initial financing statement, the record does not provide a name for the debtor;

(5) in the case of an amendment or information statement, the record: does not identify the initial financing statement as required by § 4-9-512 or § 4-9-518, as applicable; or

(6) identifies an initial financing statement whose effectiveness has lapsed under § 4-9-515;

(7) 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

(8) 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;

(9) 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;

(10) 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: provide a mailing address for the debtor; or

(11) indicate whether the name provided as the name of the debtor is the name of an individual or an organization;

(12) 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;

(13) in the case of a continuation statement, the record is not filed within the six-month period prescribed by § 4-9-515(d); or

(14) in the case of a financing statement, the filing office determines that the financing statement is fraudulent under § 4-9-520(e).

(15) For purposes of subsection (b): a record does not provide information if the filing office is unable to read or decipher the information; and

(16) 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.

(17) 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.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.