{"data":{"id":"us-de/6-del.-c.-9-516","jurisdiction":"us-de","citation":"6 Del. C. § 9-516","heading":"What constitutes filing; effectiveness of filing.","body":"(a) What constitutes filing. — 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.\n(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:\n(1) the record is not communicated by a method or medium of communication authorized by the filing office;\n(2) an amount equal to or greater than the applicable filing fee is not tendered;\n(3) the filing office is unable to index the record because:\n(A) in the case of an initial financing statement, the record does not provide a name for the debtor;\n(B) in the case of an amendment or information statement, the record:\n(i) does not identify the initial financing statement as required by Section 9-512 or 9-518, as applicable; or\n(ii) identifies an initial financing statement whose effectiveness has lapsed under Section 9-515;\n(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\n(D) in the case of a record filed 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;\n(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;\n(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:\n(A) provide a mailing address for the debtor; or\n(B) indicate whether the name provided as the name of the debtor is the name of an individual or an organization;\n(C) [Repealed.]\n(6) in the case of an assignment reflected in an initial financing statement under Section 9-514(a) or an amendment filed under Section 9-514(b), the record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\n(7) in the case of a continuation statement, the record is not filed within the six-month period prescribed by Section 9-515(d).\n(c) Rules applicable to subsection (b). — For purposes of subsection (b):\n(1) a record does not provide information if the filing office is unable to read or decipher the information;\n(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;\n(3) for an initial financing statement filed in a filing office described in § 9-501(a)(1) of this title, the requirements of § 9605(f) of Title 9 may be satisfied by placing the county tax assessment parcel identification number in item 4 of the form specified in § 9-521(a) of this title or the comparable item on any other form of initial financing statement;\n(4) for a financing statement amendment filed in a filing office described in § 9-501(a)(1) of this title, the requirements of § 9605(f) of Title 9 may be satisfied by placing the county tax assessment parcel identification number in item 8 of the form specified in § 9-521(b) of this title or the comparable item on any other form of financing statement amendment;\n(5) for an initial financing statement filed in a filing office described in § 9-501(a)(1) of this title, the requirements of § 9605(h) of Title 9 shall be satisfied by including the information required by § 9-502(b) of this title; and\n(6) for a financing statement amendment filed in a filing office described in § 9-501(a)(1) of this title, the requirements of § 9605(h) of Title 9 shall be satisfied by including the information required by § 9-512(a) of this title.\n(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), 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.\n(e) Trusts and trustees. — If collateral is held in a trust (including a trust that is a registered organization), the information required by subsection (b)(5) with respect to the debtor may be provided with respect to either the trust or the trustee.","path":["Title 6. Commerce and Trade","SUBTITLE I","Uniform Commercial Code","ARTICLE 9. Secured Transactions","Part 5","Filing"],"source_url":"https://delcode.delaware.gov/title6/c009/sc05/index.html#9-516","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:06Z","sha256":"581f90a98763ca42a2cd8a73fb33b88806c424803f18af35679210497c4b1ac4","source_id":"us-de","stale":true,"prev":"us-de/6-del.-c.-9-515","next":"us-de/6-del.-c.-9-517"},"notice":"GroundRules: Original legal text. Not legal advice."}