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2018 Georgia Code 11-9-516 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 11-9-516 Case Law from Google Scholar Amendments to OCGA 11-9-516

TITLE 11 COMMERCIAL CODE

Section 9. Secured Transactions, 11-9-101 through 11-9-809.

ARTICLE 9 SECURED TRANSACTIONS

PART 1 FILING OFFICE; CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT

11-9-516. What constitutes filing; effectiveness of filing.

  1. What constitutes filing. Except as otherwise provided in subsection (b) of this Code 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.
  2. 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 authority is unable to index the record because:
      1. In the case of an initial financing statement, the record does not provide a name for the debtor;
      2. In the case of an amendment or information statement, the record:
        1. Does not identify the initial financing statement as required by Code Section 11-9-512 or 11-9-518, as applicable;
        2. Identifies an initial financing statement whose effectiveness has lapsed under Code Section 11-9-515;
        3. Identifies more than one initial financing statement; or
        4. Indicates that it is presented to accomplish more than one action, such as amendment and continuation;
      3. 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
      4. In the case of a record filed or recorded in the filing office described in paragraph (1) of subsection (a) of Code Section 11-9-501, 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:
      1. Provide a mailing address for the debtor; or
      2. Indicate whether the name provided as the name of the debtor is the name of an individual or an organization; or
    6. In the case of an assignment reflected in an initial financing statement under subsection (a) of Code Section 11-9-514 or an amendment filed under subsection (b) of Code Section 11-9-514, the record does not provide a name and mailing address for the assignee.
  3. Rules applicable to subsection (b) of this Code section. For purposes of subsection (b) of this Code section:
    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 accurately identify an initial financing statement to which it relates, as required by Code Section 11-9-512, 11-9-514, or 11-9-518, is an initial financing statement.
  4. 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 Code 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.

(Code 1981, §11-9-516, enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2013, p. 690, § 14/SB 185.)

The 2013 amendment, effective July 1, 2013, substituted "information statement" for "correction statement" in the introductory language of subparagraph (b)(3)(B); substituted "surname" for "last name" in subparagraph (b)(3)(C); and, in paragraph (b)(5), added "or" at the end of subparagraph (b)(5)(A), inserted "name provided as the name of the" and "the name of" in subparagraph (b)(5)(B), and deleted former paragraph (b)(5)(C), which read: "(C) If the financing statement indicates that the debtor is an organization, provide:

"(i) A type of organization for the debtor; or

"(ii) A jurisdiction of organization for the debtor; or".

Law reviews.

- For article on the 1963 amendment to the Georgia Uniform Commercial Code, see 14 Mercer L. Rev. 378 (1963). For article, "The Revisions to Article IX of the Uniform Commercial Code," see 15 Ga. St. B.J. 120 (1977). For article, "H.B. 712: New Requirements for Financing Statements and Continuation Statements Filed in Georgia," see 22 Ga. St. B.J. 6 (1985). For article surveying commercial law in 1984-1985, see 37 Mercer L. Rev. 139 (1985). For article, "H.B. 1364: Revised Requirements for Financing Statements and Continuation Statements Filed in Georgia," see 23 Ga. St. B.J. 50 (1986). For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986). For survey article on commercial law, see 44 Mercer L. Rev. 99 (1992).

JUDICIAL DECISIONS

Editor's notes.

- In the light of the similarity of the provisions, decisions under former Article 9 are included in the annotations for this Code section. For a table of comparable provisions, see the table at the beginning of the Article.

Presentation of instruments to office of clerk constitutes proper filing. Pease & Elliman Realty Trust v. Gaines, 160 Ga. App. 125, 286 S.E.2d 448 (1981) (decided under former Code Section11-9-403).

Goods which are or are to become fixtures.

- Former §§ 11-9-401,11-9-403 and this section (see now §§ 11-9-501 et seq.,11-9-623) provide for fixture filing to enable secured party with chattel interest in goods which are or are to become fixtures to preserve that interest. Williams v. Western Pac. Fin. Corp., 643 F.2d 331 (5th Cir. 1981) (decided under former Code Section11-9-403).

Harvested peanut crops.

- Plaintiffs' filing of their financing statement in the proper county gave defendant legal notice of plaintiffs' security interests and liens in peanut crops defendant purchased, even though the clerk incorrectly recorded the financing statement, and the perfected security interests remained effective even though the crops were harvested. Bartolan, Inc. v. Columbian Peanut Co., 727 F. Supp. 1444 (M.D. Ga. 1989) (decided under former Code Section 11-9-403).

Former subsection (8) was intended to save financing and continuation statements that had been filed in conformity with the 1985 amendments to this article. Only secured parties who had failed to continue their perfected security interest, and secured creditors whose security interest had legitimately expired were not continued, or saved, by operation of law. In re Rainbow Mfg. Co., 150 Bankr. 857 (M.D. Ga. 1993) (decided under former Code Section 11-9-403).

Effect of filings under prior law.

- Bank was properly perfected as a result of the filing of its financing statement and continuation statement. Former subsection (8) continued the continuation statement for a period of five years, regardless of the stated maturity date on the form. As a result of these acts, the bank would be perfected until five years after the continuation statement was filed. In re Rainbow Mfg. Co., 150 Bankr. 857 (M.D. Ga. 1993) (decided under former Code Section 11-9-403).

Filing of continuation statements.

- Former subsection (3) works to allow filing officers (Superior Court Clerks) to refuse to accept continuation statements until the last 6 months of the previous filing's effectiveness. Once the new filing is accepted, however, it is in force for a period of five years, not from the filing date of the financing statement, but from the date of the filing of the new statement, under former subsection (8). In re Rainbow Mfg. Co., 150 Bankr. 857 (M.D. Ga. 1993) (decided under former Code Section 11-9-403).

Continuation statement filed by a secured creditor prior to the six-month period set forth in former subsection (3) was effective for five years from the date of filing and extended the creditor's security interest in certain assets of the debtor beyond the original period of protection. Coats Am., Inc. v. Summit Nat'l Bank, 211 Bankr. 771 (N.D. Ga 1997) (decided under former Code Section 11-9-403).

Second financing statement considered back-up, not continuation or amendment of original.

- A second financing statement filed by the same creditor covering the same collateral could not be considered a continuation statement under this section, or an amendment to the original under former § 11-9-402 (see now § 11-9-502 et seq.), but was deemed to be a back-up financing statement with its own separately established priority, and, where the debtor's bankruptcy petition was filed while the first financing statement was still effective, creditor's first-in time priority status under the original statement was preserved. Giddens v. Pioneer Credit, 205 Bankr. 349 (Bankr. M.D. Ga. 1997).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In the light of the similarity of the provisions, opinions under former Article 9 are included in the annotations for this Code section. For a table of comparable provisions, see the table at the beginning of the Article.

Timely filing of succeeding continuation statements pursuant to this section continues effectiveness of original statement for additional five-year period from last date to which original filing was effective. 1977 Op. Att'y Gen. No. U77-56.

Nonrecording insurance premiums lawful if not exceeding recording fees.

- Nonrecording insurance premiums, subject otherwise to rate approvals and regulations by Insurance Department would be lawful after January 1, 1964, provided they do not exceed amount of recording fees set out in former subsection (5) of this section. 1963-65 Op. Att'y Gen. p. 335.

RESEARCH REFERENCES

Am. Jur. 2d.

- 68A Am. Jur. 2d, Secured Transactions, §§ 310-314, 318, 405-419.

C.J.S.

- 76 C.J.S., Records, § 4.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 9-516.

ALR.

- Coverage of "nonrecording" or "nonfiling" insurance against loss from failure to record chattel mortgage, conditional sale, or other security instrument, 51 A.L.R.2d 325.

Effectiveness of original financing statement under UCC Article 9 after change in debtor's name, identity, or business structure, 99 A.L.R.3d 1194.

No results found for Georgia Code 11-9-516.