(a) A filing office shall refuse to accept a record for filing for a reason set forth in Section 36-9-516(b) and may refuse to accept a record for filing only for a reason set forth in Section 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 Section 36-9-501(a)(2), in no event more than two business days after the filing office receives the record.
(c) A filed financing statement satisfying Section 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, Section 36-9-338 applies to a filed financing statement providing information described in Section 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 Section 36-9-516 (b)(8) or (9) or cancels a wrongfully filed record pursuant to Section 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.
HISTORY: 2001 Act No. 67, Section 12; 2005 Act No. 161, Section 37.D, eff upon approval (became law without the Governor's signature on June 9, 2005).
Effect of Amendment
The 2005 amendment added subsection (e) relating to appeals from the Secretary of State's refusal to file or cancellation of filing.
Structure South Carolina Code of Laws
Chapter 9 - Commercial Code - Secured Transactions
Section 36-9-101. Short title.
Section 36-9-102. Definitions and index of definitions.
Section 36-9-103. Purchase-money security interest; application of payments; burden of establishing.
Section 36-9-104. Control of deposit account.
Section 36-9-105. Control of electronic chattel paper
Section 36-9-106. Control of investment property.
Section 36-9-107. Control of letter-of-credit right.
Section 36-9-108. Sufficiency of description.
Section 36-9-110. Security interests arising under Chapter 2.
Section 36-9-111. UCC lien satisfaction.
Section 36-9-201. General effectiveness of security agreement.
Section 36-9-202. Title to collateral immaterial.
Section 36-9-204. After-acquired property; future advances.
Section 36-9-205. Use or disposition of collateral permissible.
Section 36-9-206. Security interest arising in purchase or delivery of financial asset.
Section 36-9-207. Rights and duties of secured party having possession or control of collateral.
Section 36-9-208. Additional duties of secured party having control of collateral.
Section 36-9-209. Duties of secured party if account debtor has been notified of assignment.
Section 36-9-301. Law governing perfection and priority of security interests.
Section 36-9-302. Law governing perfection and priority of agricultural liens.
Section 36-9-304. Law governing perfection and priority of security interests in deposit accounts.
Section 36-9-307. Location of debtor
Section 36-9-309. Security interest perfected upon attachment.
Section 36-9-314. Perfection by control.
Section 36-9-315. Secured party ' s rights on disposition of collateral and in proceeds.
Section 36-9-316. Continued perfection of security interest following change in governing law.
Section 36-9-319. Rights and title of consignee with respect to creditors and purchasers.
Section 36-9-320. Buyer of goods.
Section 36-9-321. Licensee of general intangible and lessee of goods in ordinary course of business.
Section 36-9-323. Future advances.
Section 36-9-324. Priority of purchase-money security interests.
Section 36-9-325. Priority of security interests in transferred collateral.
Section 36-9-326. Priority of security interests created by new debtor.
Section 36-9-327. Priority of security interests in deposit account.
Section 36-9-328. Priority of security interests in investment property.
Section 36-9-329. Priority of security interests in letter-of-credit right.
Section 36-9-330. Priority of purchaser of chattel paper or instrument.
Section 36-9-332. Transfer of money; transfer of funds from deposit account.
Section 36-9-333. Priority of certain liens arising by operation of law.
Section 36-9-334. Priority of security interests in fixtures and crops.
Section 36-9-336. Commingled goods.
Section 36-9-337. Priority of security interests in goods covered by certificate of title.
Section 36-9-339. Priority subject to subordination.
Section 36-9-340. Effectiveness of right of recoupment or set-off against deposit account.
Section 36-9-341. Bank's rights and duties with respect to deposit account.
Section 36-9-342. Bank's right to refuse to enter into or disclose existence of control agreement.
Section 36-9-401. Alienability of debtor's rights.
Section 36-9-402. Secured party not obligated on contract of debtor or in tort.
Section 36-9-403. Agreement not to assert defenses against assignee.
Section 36-9-404. Rights acquired by assignee; claims and defenses against assignee.
Section 36-9-405. Modification of assigned contract.
Section 36-9-409. Restrictions on assignment of letter-of-credit rights ineffective.
Section 36-9-501. Filing office.
Section 36-9-503. Name of debtor and secured party.
Section 36-9-504. Indication of collateral.
Section 36-9-506. Effect of errors or omissions.
Section 36-9-507. Effect of certain events on effectiveness of financing statement.
Section 36-9-509. Persons entitled to file a record.
Section 36-9-510. Effectiveness of filed record.
Section 36-9-511. Secured party of record.
Section 36-9-512. Amendment of financing statement.
Section 36-9-513. Termination statement.
Section 36-9-514. Assignment of powers of secured party of record.
Section 36-9-516. What constitutes filing; effectiveness of filing.
Section 36-9-517. Effect of indexing errors.
Section 36-9-518. Claim concerning inaccurate or wrongfully filed record.
Section 36-9-520. Acceptance and refusal to accept record.
Section 36-9-521. Uniform form of written financing statement and amendment.
Section 36-9-522. Maintenance and destruction of records.
Section 36-9-523. Information from filing office; sale or license of records.
Section 36-9-524. Delay by filing office.
Section 36-9-526. Filing-office rules.
Section 36-9-602. Waiver and variance of rights and duties.
Section 36-9-603. Agreement on standards concerning rights and duties.
Section 36-9-604. Procedure if security agreement covers real property or fixtures.
Section 36-9-605. Unknown debtor or secondary obligor.
Section 36-9-606. Time of default for agricultural lien.
Section 36-9-607. Collection and enforcement by secured party.
Section 36-9-609. Secured party's right to take possession after default.
Section 36-9-610. Disposition of collateral after default.
Section 36-9-611. Notification before disposition of collateral.
Section 36-9-612. Timeliness of notification before disposition of collateral.
Section 36-9-613. Contents and form of notification before disposition of collateral: general.
Section 36-9-616. Explanation of calculation of surplus or deficiency.
Section 36-9-617. Rights of transferee of collateral.
Section 36-9-618. Rights and duties of certain secondary obligors.
Section 36-9-619. Transfer of record or legal title.
Section 36-9-621. Notification of proposal to accept collateral.
Section 36-9-622. Effect of acceptance of collateral.
Section 36-9-623. Right to redeem collateral.
Section 36-9-625. Remedies for secured party's failure to comply with chapter.
Section 36-9-626. Action in which deficiency or surplus is in issue.
Section 36-9-627. Determination of whether conduct was commercially reasonable.
Section 36-9-629. Disposition of collateral by public sale.
Section 36-9-630. Contents of notice of sale.
Section 36-9-631. Posting and mailing notice of sale.
Section 36-9-632. Exception as to perishable property.
Section 36-9-633. Postponement of public sale.
Section 36-9-634. Procedure upon dissolution of order restraining or enjoining sale.
Section 36-9-635. Disposition of proceeds of sale.
Section 36-9-702. Savings clause.
Section 36-9-703. Security interest perfected before effective date.
Section 36-9-704. Security interest unperfected before effective date.
Section 36-9-705. Effectiveness of action taken before effective date.
Section 36-9-707. Pre-effective-date financing statement.
Section 36-9-708. Persons entitled to file initial financing statement or continuation statement.
Section 36-9-802. Application and effect.
Section 36-9-803. Effect on previously perfected security interests.
Section 36-9-804. Timing of perfection of preexisting security interests.
Section 36-9-805. Effect of previous filing of financing statement.
Section 36-9-806. Filing of initial financing statement; requirements.
Section 36-9-808. Filing of initial financing statement or continuation statement.