30-9A-520. Acceptance and refusal to record. (1) A filing office shall refuse to accept a record for filing for a reason set forth in 30-9A-502 and 30-9A-516(2) and may refuse to accept a record for filing only for a reason set forth in 30-9A-502 and 30-9A-516(2).
(2) 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 no event more than 2 business days after the filing office receives the record.
(3) A filed financing statement complying with 30-9A-502(1) and (2) is effective, even if the filing office is required to refuse to accept it for filing under subsection (1). However, 30-9A-338 applies to a filed financing statement providing information described in 30-9A-516(2)(e) that is incorrect at the time the financing statement is filed.
(4) 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.
History: En. Sec. 90, Ch. 305, L. 1999; Sec. 30-9-540, MCA 1999; redes. 30-9A-520 by Code Commissioner, 2001.
Structure Montana Code Annotated
Chapter 9A. Uniform Commercial Code Secured Transactions
30-9A-503. Name of debtor and secured party
30-9A-504. Indication of collateral
30-9A-506. Effect of errors or omissions
30-9A-507. Effect of certain events on effectiveness of financing statement
30-9A-508. Effectiveness of financing statement if new debtor becomes bound by security agreement
30-9A-509. Persons entitled to file record
30-9A-510. Effectiveness of filed record
30-9A-511. Secured party of record
30-9A-512. Amendment of financing statement
30-9A-513. Termination statement
30-9A-514. Assignment powers of secured party of record
30-9A-515. Duration and effectiveness of financing statement -- effect of lapsed financing statement
30-9A-516. What constitutes filing -- effectiveness of filing
30-9A-517. Effect of indexing errors
30-9A-518. Claim concerning inaccurate or wrongfully filed record
30-9A-520. Acceptance and refusal to record
30-9A-521. Uniform form of written financing statement and amendment
30-9A-522. Maintenance and destruction of records
30-9A-523. Information from filing office -- sale or license of records
30-9A-524. Delay by filing office