North Carolina General Statutes 25-9-520. Acceptance, refusal to accept record, and cancellation of record
(a) Mandatory refusal to accept record. – A filing office shall refuse to accept a record for filing for a reason set forth in N.C. Gen. Stat. § 25-9-516(b) and may refuse to accept a record for filing only for a reason set forth in N.C. Gen. Stat. § 25-9-516(b).
(b) Communication concerning refusal. – If a filing office refuses to accept a record for filing or cancels a record under N.C. Gen. Stat. § 25-9-518(b1), it shall communicate to the person that presented the record the fact of and reason for the refusal or cancellation and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule but in no event more than three business days after the filing office receives or cancels the record.
(c) When filed financing statement effective. – A filed financing statement satisfying N.C. Gen. Stat. § 25-9-502(a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a) of this section. However, N.C. Gen. Stat. § 25-9-338 applies to a filed financing statement providing information described in N.C. Gen. Stat. § 25-9-516(b)(5) which is incorrect at the time the financing statement is filed.
(d) Separate application to multiple debtors. – If a record communicated to a filing office provides information that relates to more than one debtor, this Part applies as to each debtor separately.
(e) Appeal. –
(1) If the Secretary of State refuses to accept a record for filing pursuant to N.C. Gen. Stat. § 25-9-516(b)(8) or cancels a wrongfully filed record pursuant to N.C. Gen. Stat. § 25-9-518(b1), the secured party may file an appeal within 30 days after the refusal or cancellation in the Superior Court of Wake County. Filing a petition requesting to be allowed to file the document commences the appeal. The petition shall be filed with the court and with the Secretary of State and shall have the record attached to it. Upon the commencement of an appeal, it shall be set for hearing at the earliest possible time and shall take precedence over all matters except older matters of the same character. The appeal to the Superior Court is not governed by Article 3, 3A, or 4 of Chapter 150B of the N.C. Gen. Stat. and shall be determined upon such further notice and opportunity to be heard, if any, as the court may deem appropriate under the circumstances. The court shall permit the joinder of any interested party that would be allowed under the Rules of Civil Procedure.
Terms Used In North Carolina General Statutes 25-9-520
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Upon consideration of the petition and other appropriate pleadings, the court may order the Secretary of State to file the record or take other action the court considers appropriate, including the entry of orders affirming, reversing, or otherwise modifying the decision of the Secretary of State. The court may order any other relief, including equitable relief, as may be appropriate.
(3) The court’s final decision may be appealed as in other civil proceedings. (2000-169, s. 1; 2001-231, s. 4.)