Tex.
Bus. & Com. Code Section 9.516
What Constitutes Filing; Effectiveness of Filing
(a)
Except as otherwise provided in Subsection (b), 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.(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 9.512 (Amendment of Financing Statement) or 9.518 (Claim Concerning Inaccurate or Wrongfully Filed Record), as applicable; or(ii)
identifies an initial financing statement whose effectiveness has lapsed under Section 9.515 (Duration and Effectiveness of Financing Statement; Effect of Lapsed Financing Statement);(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 9.501 (Filing Office)(a)(1), the record does not provide the name of the debtor and 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 9.514 (Assignment of Powers of Secured Party of Record)(a) or an amendment filed under Section 9.514 (Assignment of Powers of Secured Party of Record)(b), the record does not provide a name and mailing address for the assignee;(7)
in the case of a continuation statement, the record is not filed within the six-month period prescribed by Section 9.515 (Duration and Effectiveness of Financing Statement; Effect of Lapsed Financing Statement)(d); or(8)
the record is not on an industry standard form, including a national standard form or a form approved by the International Association of Commercial Administrators, adopted by rule by the secretary of state.(c)
For purposes of Subsection (b):(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 9.512 (Amendment of Financing Statement), 9.514 (Assignment of Powers of Secured Party of Record), or 9.518 (Claim Concerning Inaccurate or Wrongfully Filed Record), 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), is effective as a filed record except as against a purchaser of the collateral that gives value in reasonable reliance upon the absence of the record from the files.
Source:
Section 9.516 — What Constitutes Filing; Effectiveness of Filing, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.9.htm#9.516 (accessed Jun. 5, 2024).
