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.

 

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