Ohio Code 1309.518 – Claim concerning inaccurate or wrongfully filed record – UCC 9-518
(A) A person may file in the filing office an information statement with respect to a record indexed there under the person’s name if the person believes that the record is inaccurate or was wrongfully filed.
Terms Used In Ohio Code 1309.518
- File number: means the number assigned to an initial financing statement under division (A) of section 1309. See Ohio Code 1309.102
- Filing office: means an office designated in section 1309. See Ohio Code 1309.102
- Financing statement: means a record composed of an initial financing statement and any filed record or records relating to the initial financing statement. See Ohio Code 1309.102
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- 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 whom 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 who holds a security interest arising under section 1302. See Ohio Code 1309.102
(B) An information statement under division (A) of this section must:
(1) Identify the record to which it relates by:
(a) The file number assigned to the initial financing statement to which the record relates; and
(b) If the information statement relates to a record filed in a filing office described in division (A)(1) of section 1309.501 of the Revised Code, the date and time that the initial financing statement was filed and the information specified in division (B) of section 1309.502 of the Revised Code;
(2) Indicate that it is an information statement; and
(3) Provide the basis for the person’s belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person’s belief that the record was wrongfully filed.
(C) A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under division (D) of section 1309.509 of the Revised Code.
(D) An information statement under division (C) of this section must:
(1) Identify the record to which it relates by:
(a) The file number assigned to the initial financing statement to which the record relates; and
(b) If the information statement relates to a record filed in a filing office described in division (A)(1) of section 1309.501 of the Revised Code, the date and time that the initial financing statement was filed and the information specified in division (B) of section 1309.502 of the Revised Code;
(2) Indicate that it is an information statement; and
(3) Provide the basis for the person’s belief that the person that filed the record was not entitled to do so under division (D) of section 1309.509 of the Revised Code.
(E) The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.