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2021 Tennessee Code
Title 47 - Commercial Instruments and Transactions
Chapter 9 - Secured Transactions
Part 5 - Filing
§ 47-9-516. What Constitutes Filing — Effectiveness of Filing

Universal Citation:
TN Code § 47-9-516 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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  1. 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.

  2. 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:

      1. In the case of an initial financing statement, the record does not provide a name for the debtor;

      2. In the case of an amendment or information statement, the record:
        1. Does not identify the initial financing statement as required by § 47-9-512 or § 47-9-518, as applicable; or

        2. Identifies an initial financing statement whose effectiveness has lapsed under § 47-9-515;

      3. 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

      4. 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:

      1. Provide a mailing address for the debtor; or

      2. 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)(5)(C) with respect to the recording tax imposed under § 67-4-409(b), if any.

  3. 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.

  4. 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.
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