Arizona Laws 47-9516. What constitutes filing; effectiveness of filing
A. 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.
Terms Used In Arizona Laws 47-9516
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Collateral: means the property subject to a security interest or agricultural lien. See Arizona Laws 47-9102
- Continuation statement: means an amendment of a financing statement that:
(a) Identifies, by its file number, the initial financing statement to which it relates; and
(b) Indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement. See Arizona Laws 47-9102
- Debtor: means :
(a) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;
(b) A seller of accounts, chattel paper, payment intangibles or promissory notes; or
(c) A consignee. See Arizona Laws 47-9102
- Filing office: means an office designated in section 47-9501 as the place to file a financing statement. See Arizona Laws 47-9102
- Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Arizona Laws 47-9102
- Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Secured party: means :
(a) A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;
(b) A person that holds an agricultural lien;
(c) A consignor;
(d) A person to which accounts, chattel paper, payment intangibles or promissory notes have been sold;
(e) A trustee, indenture trustee, agent, collateral agent or other representative in whose favor a security interest or agricultural lien is created or provided for; or
(f) A person that holds a security interest arising under section 47-2401, 47-2505, 47-2711, 47-2A508, 47-4210 or 47-5118. See Arizona Laws 47-9102
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:
(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 section 47-9512 or 47-9518, as applicable; or
(ii) Identifies an initial financing statement whose effectiveness has lapsed under section 47-9515;
(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 that 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 section 47-9501, subsection A, paragraph 1, 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 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 section 47-9514, subsection A or an amendment filed under section 47-9514, subsection 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 section 47-9515, subsection D.
C. For the 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 section 47-9512, 47-9514 or 47-9518, is an initial financing statement.
D. A record that is communicated to the filing office with tender of the filing fee, but that 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 that gives value in reasonable reliance on the absence of the record from the files.