(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 § 4-9-512 or § 4-9-518, as applicable; or
(ii) identifies an initial financing statement whose effectiveness has lapsed under § 4-9-515;
(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 which 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 in the filing office described in § 4-9-501(a)(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 which 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 § 4-9-514(a) or an amendment filed under § 4-9-514(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 § 4-9-515(d); or
(8) in the case of a financing statement, the filing office determines that the financing statement is fraudulent under § 4-9-520(e).
(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 § 4-9-512, § 4-9-514, or § 4-9-518, is an initial financing statement.
(d) 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 subsection (b), 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.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
Chapter 9 - Secured Transactions
Subpart 1 - Filing Office — Contents and Effectiveness of Financing Statement
§ 4-9-503. Name of debtor and secured party
§ 4-9-504. Indication of collateral
§ 4-9-506. Effect of errors or omissions
§ 4-9-507. Effect of certain events on effectiveness of financing statement
§ 4-9-508. Effectiveness of financing statement if new debtor becomes bound by security agreement
§ 4-9-509. Persons entitled to file a record
§ 4-9-510. Effectiveness of filed record
§ 4-9-511. Secured party of record
§ 4-9-512. Amendment of financing statement
§ 4-9-513. Termination statement
§ 4-9-514. Assignment of powers of secured party of record
§ 4-9-515. Duration and effectiveness of financing statement — Effect of lapsed financing statement
§ 4-9-516. What constitutes filing — Effectiveness of filing
§ 4-9-517. Effect of indexing errors
§ 4-9-518. Claim concerning inaccurate or wrongfully filed record