(a) What constitutes filing. -- Except as otherwise provided in subsection (b) of this section, 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) 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:
(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 9-512 or 9-518, as applicable;
(ii) Identifies an initial financing statement whose effectiveness has lapsed under section 9-515; or
(iii) Identifies an initial financing statement which was terminated pursuant to section 9-516(a);
(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;
(D) In the case of a record filed or recorded in the filing office described in section 9-501(a)(1), the record does not provide a sufficient description of the real property to which it relates; or
(E) In the case of a record submitted to the filing office described in section 9-501(a)(1), the filing office has reason to believe, from information contained in the record or from the person that communicated the record to the office, that:
(i) If the record indicates that the debtor is a transmitting utility, the debtor does not meet the definition of a transmitting utility as described in section 9-102(a)(81);
(ii) If the record indicates that the transaction relating to the record is a manufactured home transaction, the transaction does not meet the definition of a manufactured home transaction as described in section 9-102(a)(54); or
(iii) If the record indicates that the transaction relating to the record is a public finance transaction, the transaction does not meet the definition of a public finance transaction as described in section 9-102(a)(70);
(4) In the case of an initial financing statement or an amendment, if the filing office believes in good faith that the record was communicated to the filing office in violation of section 9-516a;
(5) 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;
(6) 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;
(B) Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;
(7) In the case of an assignment reflected in an initial financing statement under section 9-514(a) or an amendment filed under section 9-514(b), the record does not provide a name and mailing address for the assignee; or
(8) In the case of a continuation statement, the record is not filed within the six-month period prescribed by section 9-515(d).
(c) Rules applicable to subsection (b). -- 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 section 9-512, 9-514 or 9-518, is an initial financing statement.
(d) 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 subsection (b) of this section, 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 West Virginia Code
Chapter 46. Uniform Commercial Code
Article 9. Secured Transactions; Sales of Accounts and Chattel Paper
§46-9-102. Definitions and Index of Definitions
§46-9-103. Purchase-Money Security Interest; Application of Payments; Burden of Establishing
§46-9-104. Control of Deposit Account
§46-9-105. Control of Electronic Chattel Paper
§46-9-106. Control of Investment Property
§46-9-107. Control of Letter-of-Credit Right
§46-9-108. Sufficiency of Description
§46-9-110. Security Interests Arising Under Article Two or Two-A
§46-9-201. General Effectiveness of Security Agreement
§46-9-202. Title to Collateral Immaterial
§46-9-204. After-Acquired Property; Future Advances
§46-9-205. Use or Disposition of Collateral Permissible
§46-9-206. Security Interest Arising in Purchase or Delivery of Financial Asset
§46-9-207. Rights and Duties of Secured Party Having Possession or Control of Collateral
§46-9-208. Additional Duties of Secured Party Having Control of Collateral
§46-9-209. Duties of Secured Party if Account Debtor Has Been Notified of Assignment
§46-9-210. Request for Accounting; Request Regarding List of Collateral or Statement of Account
§46-9-301. Law Governing Perfection and Priority of Security Interests
§46-9-302. Law Governing Perfection and Priority of Agricultural Liens
§46-9-304. Law Governing Perfection and Priority of Security Interests in Deposit Accounts
§46-9-305. Law Governing Perfection and Priority of Security Interests in Investment Property
§46-9-306. Law Governing Perfection and Priority of Security Interests in Letter-of-Credit Rights
§46-9-308. When Security Interest or Agricultural Lien Is Perfected; Continuity of Perfection
§46-9-309. Security Interest Perfected Upon Attachment
§46-9-313. When Possession by or Delivery to Secured Party Perfects Security Interest Without Filing
§46-9-314. Perfection by Control
§46-9-315. Secured Party's Rights on Disposition of Collateral and in Proceeds
§46-9-316. Effect of Change in Governing Law
§46-9-317. Interests That Take Priority Over or Take Free of Security Interest or Agricultural Lien
§46-9-319. Rights and Title of Consignee With Respect to Creditors and Purchasers
§46-9-321. Licensee of General Intangible and Lessee of Goods in Ordinary Course of Business
§46-9-324. Priority of Purchase-Money Security Interests
§46-9-324a. Priority of Production-Money Security Interests and Agricultural Liens
§46-9-325. Priority of Security Interests in Transferred Collateral
§46-9-326. Priority of Security Interests Created by New Debtor
§46-9-327. Priority of Security Interests in Deposit Account
§46-9-328. Priority of Security Interests in Investment Property
§46-9-329. Priority of Security Interests in Letter-of-Credit Right
§46-9-330. Priority of Purchaser of Chattel Paper or Instrument
§46-9-332. Transfer of Money; Transfer of Funds From Deposit Account
§46-9-333. Priority of Certain Liens Arising by Operation of Law
§46-9-334. Priority of Security Interests in Fixtures and Crops
§46-9-337. Priority of Security Interests in Goods Covered by Certificate of Title
§46-9-339. Priority Subject to Subordination
§46-9-340. Effectiveness of Right of Recoupment or Set-Off Against Deposit Account
§46-9-341. Bank's Rights and Duties With Respect to Deposit Account
§46-9-342. Bank's Right to Refuse to Enter Into or Disclose Existence of Control Agreement
§46-9-401. Alienability of Debtor's Rights
§46-9-402. Secured Party Not Obligated on Contract of Debtor or in Tort
§46-9-403. Agreement Not to Assert Defenses Against Assignee
§46-9-404. Rights Acquired by Assignee; Claims and Defenses Against Assignee
§46-9-405. Modification of Assigned Contract
§46-9-409. Restrictions on Assignment of Letter-of-Credit Rights Ineffective
§46-9-503. Name of Debtor and Secured Party
§46-9-504. Indication of Collateral
§46-9-506. Effect of Errors or Omissions
§46-9-507. Effect of Certain Events on Effectiveness of Financing Statement
§46-9-508. Effectiveness of Financing Statement if New Debtor Becomes Bound by Security Agreement
§46-9-509. Persons Entitled to File a Record
§46-9-510. Effectiveness of Filed Record
§46-9-511. Secured Party of Record
§46-9-512. Amendment of Financing Statement
§46-9-513. Termination Statement
§46-9-514. Assignment of Powers of Secured Party of Record
§46-9-515. Duration and Effectiveness of Financing Statement; Effect of Lapsed Financing Statement
§46-9-516. What Constitutes Filing; Effectiveness of Filing
§46-9-517. Effect of Indexing Errors
§46-9-518. Claim Concerning Inaccurate or Wrongfully Filed Record
§46-9-520. Acceptance and Refusal to Accept Record
§46-9-521. Written Financing Statement and Amendment Thereto
§46-9-522. Maintenance and Destruction of Records
§46-9-523. Information From Filing Office; Sale or License of Records
§46-9-524. Delay by Filing Office
§46-9-526. Filing-Office Rules
§46-9-602. Waiver and Variance of Rights and Duties
§46-9-603. Agreement on Standards Concerning Rights and Duties
§46-9-604. Procedure if Security Agreement Covers Real Property or Fixtures
§46-9-605. Unknown Debtor or Secondary Obligor
§46-9-606. Time of Default for Agricultural Lien
§46-9-607. Collection and Enforcement by Secured Party
§46-9-609. Secured Party's Right to Take Possession After Default
§46-9-610. Disposition of Collateral After Default
§46-9-611. Notification Before Disposition of Collateral
§46-9-612. Timeliness of Notification Before Disposition of Collateral
§46-9-613. Contents and Form of Notification Before Disposition of Collateral: General
§46-9-615. Application of Proceeds of Disposition; Liability for Deficiency and Right to Surplus
§46-9-616. Explanation of Calculation of Surplus or Deficiency
§46-9-617. Rights of Transferee of Collateral
§46-9-618. Rights and Duties of Certain Secondary Obligors
§46-9-619. Transfer of Record or Legal Title
§46-9-621. Notification of Proposal to Accept Collateral
§46-9-622. Effect of Acceptance of Collateral
§46-9-623. Right to Redeem Collateral
§46-9-625. Remedies for Secured Party's Failure to Comply With Article
§46-9-626. Action in Which Deficiency or Surplus Is in Issue
§46-9-627. Determination of Whether Conduct Was Commercially Reasonable
§46-9-628. Nonliability and Limitation on Liability of Secured Party; Liability of Secondary Obligor
§46-9-703. Security Interest Perfected Before Effective Date
§46-9-704. Security Interest Unperfected Before Effective Date
§46-9-705. Effectiveness of Action Taken Before Effective Date
§46-9-707. Amendment of Preeffective-Date Financing Statement
§46-9-708. Persons Entitled to File Initial Financing Statement or Continuation Statement
§46-9-803. Security Interest Perfected Before Effective Date
§46-9-804. Security Interest Unperfected Before Effective Date
§46-9-805. Effectiveness of Action Taken Before Effective Date
§46-9-807. Amendment of Preeffective-Date Financing Statement
§46-9-808. Person Entitled to File Initial Financing Statement or Continuation Statement