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      84-9-516.   What constitutes filing; effectiveness of filing. (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.

      (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 correction statement, the record:

      (i)   does not identify the initial financing statement as required by K.S.A. 2008 Supp. 84-9-512 or 84-9-518 and amendments thereto, as applicable; or

      (ii)   identifies an initial financing statement whose effectiveness has lapsed under K.S.A. 2008 Supp. 84-9-515 and amendments thereto;

      (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 last name; or

      (D)   in the case of a record filed in the filing office described in K.S.A. 2008 Supp. 84-9-501(a)(1) and amendments thereto, 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;

      (B)   indicate whether the debtor is an individual or an organization; or

      (C)   if the financing statement indicates that the debtor is an organization, provide:

      (i)   a type of organization for the debtor;

      (ii)   a jurisdiction of organization for the debtor; or

      (iii)   an organizational identification number for the debtor or indicate that the debtor has none;

      (6)   in the case of an assignment reflected in an initial financing statement under K.S.A. 2008 Supp. 84-9-514(a) and amendments thereto, or an amendment filed under K.S.A. 2008 Supp. 84-9-514(b) and amendments thereto, 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 K.S.A. 2008 Supp. 84-9-515(d) and amendments thereto.

      (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 K.S.A. 2008 Supp. 84-9-512, 84-9-514 or 84-9-518 and amendments thereto, 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), 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.

      History:   L. 2000, ch. 142, § 87; July 1, 2001.