Section 45.29.516. What constitutes filing; effectiveness of filing.

   (a) Except as otherwise provided in (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) 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;
        (3) the filing office is unable to index the record because, in the case of
             (A) an initial financing statement, the record does not provide a name for the debtor;
             (B) an amendment or information statement, the record
                  (i) does not identify the initial financing statement as required by AS 45.29.512 or 45.29.518, as applicable; or
                  (ii) identifies an initial financing statement whose effectiveness has lapsed under AS 45.29.515;
             (C) 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 that was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's surname;
             (D) a record filed in the filing office described in AS 45.29.501(a)(1) that relates to real property, the record does not provide a sufficient description of the real property to which it relates; or
             (E) a fixture filing or other filing allowed to be filed for record in a filing office described in AS 45.29.501(a)(1), the filing does not provide the name of the debtor and record owner;
        (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 that 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 AS 45.29.514(a) or an amendment filed under AS 45.29.514(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 AS 45.29.515(d); or
        (8) the record is not communicated on a form authorized by filing office regulation.
   (c) For purposes of (b) of this section, a record
        (1) does not provide information if the filing office is unable to read or decipher the information; and
        (2) that does not indicate that it is an amendment or identify an initial financing statement to which it relates as required by AS 45.29.512, 45.29.514, or 45.29.518 is an initial financing statement.
   (d) 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 out in (b) of this section, is effective as a filed record except as against a purchaser of the collateral who gives value in reasonable reliance on the absence of the record from the files.

Authorities

44.37.027;45.29.338;45.29.520

Notes

Implemented As

11 AAC 06.051
11 AAC 06.061

References

11 AAC 06.061
AS 44.37.027 Uniform commercial code filing.
AS 45.29.338 Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.
AS 45.29.520 Acceptance and refusal to accept record.

History

(Sec. 1 ch 113 SLA 2000; am Sec. 4 ch 76 SLA 2008; am Sec. 22 ch 64 SLA 2013)