Mont. Code Ann. § 30-9A-516

30-9A-516 What constitutes filing -- effectiveness of filing

Year: 2026Length: 544 wordsSubsections: 10Official source
30-9A-516 . What constitutes filing -- effectiveness of filing. (1) Except as otherwise provided in subsection (2), 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) Filing does not occur with respect to a record that a filing office refuses to accept because: (a) the record is not communicated by a method or medium of communication authorized by the filing office; (b) an amount equal to or greater than the applicable filing fee is not tendered; (c) the filing office is unable to index the record because: (i) in the case of an initial financing statement, the record does not provide a name for the debtor; (ii) in the case of an amendment or information statement, the record: (A) does not identify the initial financing statement as required by 30-9A-512 or 30-9A-518 , as applicable; or (B) identifies an initial financing statement whose effectiveness has lapsed under 30-9A-515 ; (iii) 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 that was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's surname; or (iv) in the case of a record filed or recorded in the filing office described in 30-9A-501 (1)(a), the record does not provide a sufficient description of the real property to which it relates; (d) 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; (e) in the case of an initial financing statement or an amendment that provides a name of a debtor that was not previously provided in the financing statement to which the amendment relates, the record does not: (i) provide a mailing address for the debtor; or (ii) indicate whether the name provided as the name of the debtor is the name of an individual or an organization; (f) in the case of an assignment reflected in an initial financing statement under 30-9A-514 (1) or an amendment filed under 30-9A-514 (2), the record does not provide a name and mailing address for the assignee; or (g) in the case of a continuation statement, the record is not filed within the 6-month period prescribed by 30-9A-515 (4). (3) For purposes of subsection (2): (a) a record does not provide information if the filing office is unable to read or decipher the information; and (b) a record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by 30-9A-512 , 30-9A-514 , or 30-9A-518 , is an initial financing statement. (4) A record that is communicated to the filing office with tender of the filing fee, but that the filing office refuses to accept for a reason other than one set forth in subsection (2), is effective as a filed record except as against a purchaser of the collateral that gives value in reasonable reliance upon the absence of the record from the files.
Mont. Code Ann. § 30-9A-516: 30-9A-516 What constitutes filing -- effectiveness of filing | Justis AI