2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 95 - Filing
9516 - What constitutes filing; effectiveness of filing.

     § 9516.  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 which a filing office
     refuses to accept because one of the following paragraphs
     applies:
            (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 of a reason stated in one of the following
        subparagraphs:
                (i)  In the case of an initial financing statement,
            the record does not provide a name for the debtor.
                (ii)  In the case of an amendment or correction
            statement, the record:
                    (A)  does not identify the initial financing
                statement as required by section 9512 (relating to
                amendment of financing statement) or 9518 (relating
                to claim concerning inaccurate or wrongfully filed
                record), as applicable; or
                    (B)  identifies an initial financing statement
                whose effectiveness has lapsed under section 9515
                (relating to duration and effectiveness of financing
                statement; effect of lapsed financing statement).
                (iii)  In the case of an initial financing statement
            which provides the name of a debtor identified as an
            individual or an amendment which 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.
                (iv)  In the case of a record filed in the filing
            office described in section 9501(a)(1) (relating to
            filing offices), 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 which 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 which provides a name of a debtor which was not
        previously provided in the financing statement to which the
        amendment relates, the record does not do one or more of the
        following:
                (i)  Provide a mailing address for the debtor.
                (ii)  Indicate whether the debtor is an individual or
            an organization.
                (iii)  If the financing statement indicates that the
            debtor is an organization, provide:
                    (A)  a type of organization for the debtor;
                    (B)  a jurisdiction of organization for the
                debtor; or
                    (C)  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 section 9514(a) (relating to
        assignment reflected on initial financing statement) or an
        amendment filed under section 9514(b) (relating to assignment
        of filed financing statement), 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
        section 9515(d) (relating to when continuation statement may
        be filed).
        (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 which does not indicate that it is an
        amendment or identify an initial financing statement to which
        it relates, as required by section 9512, 9514 or 9518, is an
        initial financing statement.
        (d)  Refusal to accept record; record effective as filed
     record.--A record which 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 that gives value in reasonable
     reliance upon the absence of the record from the files.

        Cross References.  Section 9516 is referred to in sections
     9109, 9338, 9520, 9521 of this title; section 154 of Title 15
     (Corporations and Unincorporated Associations).