(a) A filing office shall refuse to accept a record for filing for a reason set forth in § 36-9-516(b) and may refuse to accept a record for filing only for a reason set forth in § 36-9-516(b).

(b) If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal 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 the case of a filing office described in § 36-9-501(a)(2), in no event more than two business days after the filing office receives the record.

Terms Used In South Carolina Code 36-9-520

  • 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.

(c) A filed financing statement satisfying § 36-9-502(a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a). However, § 36-9-338 applies to a filed financing statement providing information described in § 36-9-516(b)(5) which is incorrect at the time the financing statement is filed.

(d) 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)(1) If the Secretary of State refuses to accept a record for filing pursuant to § 36-9-516 (b)(8) or (9) or cancels a wrongfully filed record pursuant to § 36-9-518(d) the secured party may file an appeal within thirty days after the refusal or cancellation in the Administrative Law Court consistent with the Administrative Law Court rules.

(2) The Administrative Law Court’s final decision may be appealed as in accordance with Administrative Law Court rules.