Grounds for Refusal of UCC Record

The following grounds are the sole grounds for the filing office’s refusal to accept a UCC document for filing: (1) Debtor Name and Address. An initial financing statement or an amendment that purports to add the name of a debtor not previously provided shall be refused if the record fails to legibly indicate: (a) whether each named debtor (or each added debtor in the case of an amendment) is an individual or an organization; (b) a name and street address for each debtor; or (c) if the debtor is an individual, the surname field. If the record contains more than one debtor name or street address and some names or street addresses are missing or illegible, the filing officer shall index the legible name and street address pairings, and provide a notice to the filer containing the file number of the record, identification of the debtor name(s) that was (were) indexed, and a statement that debtors with illegible or missing names or street addresses were not indexed. (2) Secured Party Name and Address. An initial financing statement, an amendment that purports to add a secured party of record, or an assignment, shall be refused if the record fails to legibly indicate: (a) whether each secured party or assignee is an individual or an organization; or (b) a secured party or assignee name and street address for each secured party or assignee; If the document contains more than one secured party (or assignee) name or street address and some names or street addresses are missing or illegible, the filing office shall index the legible name and street address pairings and provide notice to the filer containing the file number of the document, identification of the secured party or assignee names that were indexed, and a statement that secured parties with illegible or missing names or street addresses were not indexed. (3) Lack of Identification of Initial Financing Statement. A UCC record other than an initial financing statement shall be refused if the document does not provide a file number of a financing statement in the UCC information management system that has not lapsed and to which it relates. (4) Lack of Identification of UCC Amendment. A UCC record that purports to amend the party information included in a financing statement must indicate whether the amendment affects either the debtor or the secured party of record and whether the amendment changes the name and/or street address, deletes a name or adds a name, in box 5 of the form authorized in M.G.L. c. 106, § 9-521(b). (5) Timeliness of Continuation. A continuation shall be refused if it is not received during the six-month period concluding on the day upon which the related financing statement would lapse. (a) First Day Permitted. The first day on which a continuation may be filed is the date of the month corresponding to the date upon which the financing statement would lapse, six months preceding the month in which the financing statement would lapse. If there is no such corresponding date during the sixth month preceding the month in which the financing statement would lapse, the first day on which a continuation may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse, although filing by certain means may not be possible on such date if the filing office is not open on such date. 140.14: continued (b) Last Day Permitted. The last day on which a continuation may be filed is the date upon which the financing statement lapses. (6) Multiple Actions on Amendment not allowed. Each individual financing statement and amendment form shall include only one filing action. (7) Means or Manner of Communication. UCC records communicated to the filing office by a means of communication or in a manner not authorized or decipherable by the filing officer shall be refused. (8) Fee. A document shall be refused if the document is accompanied by less than the full filing fee, in accordance with 950 CMR 140.09.