Section 409.516. What constitutes filing; effectiveness of filing.

 

(1)   What constitutes filing. Except as otherwise provided in sub. (2) , 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.

(2)   Refusal to accept record; filing does not occur. Filing does not occur with respect to a record that a filing office refuses to accept because:

(a) The record is not communicated by a method or medium of communication authorized by the filing office;

(b) An amount equal to or greater than the applicable filing fee is not tendered;

(c) The filing office is unable to index the record because:

1. In the case of an initial financing statement, the record does not provide a name for the debtor;

2. In the case of an amendment or information statement, the record:

a. Does not identify the initial financing statement as required by s. 409.512 or 409.518 , as applicable; or

b. Identifies an initial financing statement whose effectiveness has lapsed under s. 409.515 ;

3. 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 which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's surname; or

4. In the case of a record filed or recorded in the filing office described in s. 409.501 (1) (a) , the record does not provide a sufficient description of the real property to which it relates;

(d) 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;

(e) In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:

1. Provide a mailing address for the debtor; or

2. Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;

(f) In the case of an assignment reflected in an initial financing statement under s. 409.514 (1) or an amendment filed under s. 409.514 (2) , the record does not provide a name and mailing address for the assignee; or

(g) In the case of a continuation statement, the record is not filed within the 6-month period prescribed by s. 409.515 (4) .

(h) The record contains the social security number of an individual.

(3)   Rules applicable to sub. (2) . For purposes of sub. (2) :

(a) A record does not provide information if the filing office is unable to read or decipher the information; and

(b) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by s. 409.512 , 409.514 , or 409.518 , is an initial financing statement.

(4)   Refusal to accept record; record effective as filed record. A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in sub. (2) , is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.

2001 a. 10 ; 2009 a. 347 ; 2011 a. 206 .