{"data":{"id":"us-nc/n.c.-gen.-stat.-25-9-516","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 25-9-516","heading":"What constitutes filing; effectiveness of filing.","body":"(a)\tWhat 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.\n(b)\tRefusal 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)\tThe record is not communicated by a method or medium of communication authorized by the filing office;\n(2)\tAn amount equal to or greater than the applicable filing fee is not tendered;\n(3)\tThe filing office is unable to index the record because:\na.\tIn the case of an initial financing statement, the record does not provide a name for the debtor;\nb.\tIn the case of an amendment or information statement, the record:\n1.\tDoes not identify the initial financing statement as required by G.S. 25-9-512 or G.S. 25-9-518, as applicable; or\n2.\tIdentifies an initial financing statement whose effectiveness has lapsed under G.S. 25-9-515;\nc.\tIn 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\nd.\tIn the case of a record filed in the filing office described in G.S. 25-9-501(a)(1), the record does not provide a sufficient description of the real property to which it relates;\n(4)\tIn 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)\tIn 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:\na.\tProvide a mailing address for the debtor; or\nb.\tIndicate whether the name provided as the name of the debtor is the name of an individual or an organization;\nc.\tRepealed by Session Laws 2012-70, s. 14, effective July 1, 2013.\n(6)\tIn the case of an assignment reflected in an initial financing statement under G.S. 25-9-514(a) or an amendment filed under G.S. 25-9-514(b), the record does not provide a name and mailing address for the assignee;\n(7)\tIn the case of a continuation statement, the record is not filed within the six-month period prescribed by G.S. 25-9-515(d); or\n(8)\tIn the case of a record presented for filing at the Department of the Secretary of State, the Secretary of State determines that the record is not created pursuant to this Chapter or is otherwise intended for an improper purpose, such as to hinder, harass, or otherwise wrongfully interfere with any person.\n(c)\tRules applicable to subsection (b). - For purposes of subsection (b) of this section:\n(1)\tA record does not provide information if the filing office is unable to read or decipher the information; and\n(2)\tA record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by G.S. 25-9-512, 25-9-514, or 25-9-518, is an initial financing statement.\n(d)\tRefusal 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. (1866-7, c. 1, s. 1; 1872-3, c. 133, s. 1; Code, s. 1799; 1893, c. 9; Rev., s. 2052; C.S., s. 2480; 1925, c. 302, s. 1; 1927, c. 22; 1935, c. 205; 1945, c. 182, ss. 2, 4; c. 196, s. 2; 1955, c. 386, ss. 1, 2; c. 816; 1957, cc. 564, 999; 1961, c. 574; 1965, c. 700, s. 1; 1967, c. 562, s. 1; 1969, c. 1115, s. 1; 1971, c. 1170; 1973, c. 1316, s. 1; 1975, c. 862, s. 7; 1977, cc. 156, 295; 1983, c. 713, s. 23; 1987, c. 792, s. 6; 1989, c. 523, s. 4; 1991, c. 164, s. 1; 1997-456, s. 55.3; 1997-475, s. 5.4; 2000-169, s. 1; 2001-231, s. 1; 2012-70, s. 14.)","path":["Chapter 25. Uniform Commercial Code.","Article 9. Secured Transactions.","Part 5. Filing."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_25/GS_25-9-516.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:58:47Z","sha256":"dd61413360e699e1b4ee538fba8ea28675d5d9095fe12b4aebcdf691aa557d86","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-25-9-515","next":"us-nc/n.c.-gen.-stat.-25-9-517"},"notice":"GroundRules: Original legal text. Not legal advice."}
