57A-9-516. What constitutes filing--Refusal to accept for filing--Effect.
(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 §57A-9-512 or 57A-9-518, as applicable; or
(ii)Identifies an initial financing statement whose effectiveness has lapsed under §57A-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 or recorded in the filing office described in §57A-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 §57A-9-514(a) or an amendment filed under §57A-9-514(b), the record does not provide a name and mailing address for the assignee; or
(7)In the case of a continuation statement, the record is not filed within the six-month period prescribed by §57A-9-515(d).
(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 §57A-9-512, 57A-9-514, or 57A-9-518, is an initial financing statement.
(d) If a person presents a financing statement to the secretary of state for filing or recording, the secretary of state may refuse to accept or reject the financing statement for filing or recording if:
(1)The financing statement is not required or authorized to be filed or recorded with the secretary of state; or
(2)The secretary of state has reasonable cause to believe the financing statement is materially false or fraudulent.
(e) A financing statement that the secretary of state may refuse to accept or reject includes the following:
(1)Any financing statement that has the same name listed as both the debtor and the secured party;
(2)Any financing statement that identifies an individual debtor as a transmitting utility;
(3)Any financing statement that is determined to be intended for an improper purpose, such as hindering, harassing, or wrongfully interfering with another person or entity; or
(4)Any financing statement that is filed:
(A)Without the consent or participation of the:
(i)Obligor named in the financing statement;
(ii)The person named in the financing statement as debtor; and
(iii)The owner of collateral described or indicated in the financing statement; or
(B)By consent of an agent, a fiduciary, or another representative of the secured party of record without the consent of the secured party; or
(5)Any financing statement that is forged.
(f) The secretary of state does not have a duty to inspect, evaluate, or investigate a financing statement that is presented for filing or recording.
(g) 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.
Source: SL 2000, ch 231; SL 2012, ch 238, §14, eff. July 1, 2013; SL 2018, ch 276, §1.
Structure South Dakota Codified Laws
Title 57A - Uniform Commercial Code
Chapter 09 - Secured Transactions
Section 57A-9-101 - Short title.
Section 57A-9-102 - Definitions and index of definitions.
Section 57A-9-104 - Control of deposit account.
Section 57A-9-105 - Control of electronic chattel paper.
Section 57A-9-106 - Control of security, security settlement, or commodity contract.
Section 57A-9-107 - Control of letter-of-credit right.
Section 57A-9-108 - Sufficiency of description of property.
Section 57A-9-109 - Application of chapter.
Section 57A-9-110 - Provisions governing security interests arising under other sections.
Section 57A-9-202 - Immateriality of title to collateral.
Section 57A-9-204 - Interest in after-acquired collateral.
Section 57A-9-207 - Rights and duties of secured party having possession or control of collateral.
Section 57A-9-208 - Additional duties of secured party having control of collateral.
Section 57A-9-210 - Response to request for accounting, statement of account, or list of collateral.
Section 57A-9-301 - Law governing perfection, effect of perfection or nonperfection, and priority.
Section 57A-9-302 - Law governing perfection and priority issues relating to farm products.
Section 57A-9-307 - Location of debtor.
Section 57A-9-308 - What constitutes perfection of security interest or agricultural lien.
Section 57A-9-309 - Security interests that are perfected when they attach.
Section 57A-9-313 - Perfection by taking possession of collateral or by delivery.
Section 57A-9-314 - Perfection by control of collateral.
Section 57A-9-316 - Effect of change in governing law.
Section 57A-9-318 - Effect of sale of collateral on rights of debtor.
Section 57A-9-319 - Rights of consignee in relation to creditors and purchasers.
Section 57A-9-324 - Priority of perfected purchase money security interest.
Section 57A-9-326 - Subordination of security interest created by new debtor.
Section 57A-9-327 - Priority among conflicting security interests in same deposit account.
Section 57A-9-328 - Priority among conflicting security interests in same investment property.
Section 57A-9-329 - Priority among conflicting security interests in same letter-of-credit right.
Section 57A-9-330 - Priority of rights of purchaser of chattel paper--Priority in proceeds.
Section 57A-9-332 - Transferee of money or funds from deposit account.
Section 57A-9-333 - "Possessory lien"--Priority over security interest.
Section 57A-9-334 - Security interest in fixtures--Priority--Security interest in growing crops.
Section 57A-9-335 - Security interest in accession--Collateral that becomes an accession.
Section 57A-9-339 - Subordination by agreement.
Section 57A-9-401 - Transferability of debtor's rights.
Section 57A-9-402 - Secured party's liability for debtor's acts or omissions.
Section 57A-9-403 - "Value"--Agreement not to assert claims or defenses against assignee.
Section 57A-9-404 - Claims and defenses assertable against assignee.
Section 57A-9-405 - Effect of modification or substitution of assigned contract.
Section 57A-9-407 - Ineffective prohibitions or restrictions in lease agreement.
Section 57A-9-501.1 - Validation of noncomplying statements.
Section 57A-9-503 - Name of debtor and secured party.
Section 57A-9-504 - Sufficiency of description of collateral.
Section 57A-9-506 - Substantial compliance with requirements.
Section 57A-9-507 - Continuing effectiveness of filed financing statement.
Section 57A-9-508 - Effect of new debtor's rights in collateral.
Section 57A-9-509 - Authority to file financing statement or amendment adding collateral or debtor.
Section 57A-9-510 - Effectiveness of filed record.
Section 57A-9-511 - Person constituting secured party of record.
Section 57A-9-512 - Procedure for amending financing statement--Effectiveness.
Section 57A-9-513 - Termination statement.
Section 57A-9-515 - Effective period for filed financing statement--Effect of lapse.
Section 57A-9-516 - What constitutes filing--Refusal to accept for filing--Effect.
Section 57A-9-517 - Effect of incorrect indexing of record.
Section 57A-9-518 - Information statement regarding record.
Section 57A-9-519 - Duties of filing office in dealing with records.
Section 57A-9-520 - Refusal by filing office to accept record.
Section 57A-9-521 - Forms for financing statement, amendment to statement, and addendum for either.
Section 57A-9-524 - Excuses for filing office failure to meet time limits.
Section 57A-9-525 - Fees for filing and indexing records.
Section 57A-9-525.2 - Central filing system--Promulgation of regulations.
Section 57A-9-525.3 - Central agricultural security interest filing system--Adoption of rules.
Section 57A-9-525.4 - Fee for crop or livestock effective finance statement microfiche master list.
Section 57A-9-526 - Rules and practices for filing offices.
Section 57A-9-527 - Financing statement and annual report filing fee fund.
Section 57A-9-528 - Fees deposited in filing fee fund.
Section 57A-9-529 - Disposition of balance of funds.
Section 57A-9-530 - Combined financing statement for farm products.
Section 57A-9-602 - Waiver or variance of rules by debtor or obligor.
Section 57A-9-603 - Agreement on standards for fulfilling rights and duties.
Section 57A-9-606 - Time of default in connection with agricultural lien.
Section 57A-9-607 - Collection and enforcement by secured party.
Section 57A-9-608 - Application of proceeds--Entitlement to surplus or liability for deficiency.
Section 57A-9-609 - Secured party's rights with respect to collateral following default.
Section 57A-9-609.2 - Farm products fraud--Misdemeanor.
Section 57A-9-610 - Disposition of collateral after default--Treatment of warranties.
Section 57A-9-611 - "Notification date"--Notification of disposition of collateral.
Section 57A-9-612 - Reasonable time for sending notification.
Section 57A-9-613 - Contents of notification--Form.
Section 57A-9-614 - Notice of disposition for consumer goods transaction--Form.
Section 57A-9-617 - Rights of transferee of collateral disposed of after default.
Section 57A-9-618 - Rights and duties of secondary obligor.
Section 57A-9-621 - Persons who must receive secured party's proposal to accept collateral.
Section 57A-9-622 - Effect of acceptance of collateral.
Section 57A-9-623 - Persons who may redeem collateral--Procedure.
Section 57A-9-624 - Waiver of rights.
Section 57A-9-626 - Action in which amount of deficiency or surplus is in issue.
Section 57A-9-628 - Limitations on liability of secured party.
Section 57A-9-701 - Effective date of chapter.
Section 57A-9-703 - Effect of division on security interests enforceable before July 1, 2001.
Section 57A-9-705 - Effect of certain actions prior to July 1, 2001.
Section 57A-9-707 - Pre-effective-date financing statement--Amendment, continuation, termination.
Section 57A-9-801 - Effective date of SL 2012, ch 238.
Section 57A-9-802 - Savings clause.
Section 57A-9-803 - Security interest perfected before effective date.
Section 57A-9-804 - Security interest unperfected before effective date.
Section 57A-9-805 - Effectiveness of action taken before effective date.
Section 57A-9-807 - Amendment of pre-effective-date financing statement.
Section 57A-9-808 - Person entitled to file initial financing statement or continuation statement.