LD 2245
pg. 348
Page 347 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 349 of 493
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LR 1087
Item 1

 
(1)__A filing office shall refuse to accept a record for
filing for a reason set forth in section 9-1516, subsection (2)
and may refuse to accept a record for filing only for a reason
set forth in section 9-1516, subsection (2).

 
(2)__If a filing office refuses to accept a record for filing,
it shall communicate to the person that presented the record the
fact of and reason for the refusal and the date and time the
record would have been filed had the filing office accepted it.__
The communication must be made at the time and in the manner
prescribed by filing-office rule but, in the case of a filing
office described in section 9-1501, subsection (1), paragraph
(b), in no event more than 2 business days after the filing
office receives the record.

 
(3)__A filed financing statement satisfying section 9-1502,
subsection (1) and (2) is effective even if the filing office is
required to refuse to accept it for filing under subsection (1).__
However, section 9-1338 applies to a filed financing statement
providing information described in section 9-1516, subsection
(2), paragraph (e) that is incorrect at the time the financing
statement is filed.

 
(4)__If a record communicated to a filing office provides
information that relates to more than one debtor, this part
applies to each debtor separately.

 
Official Comment

 
1. Source. New.

 
2. Refusal to Accept Record for Filing. In some States,
filing offices considered themselves obligated by former Article
9 to review the form and content of a financing statement and to
refuse to accept those that they determine are legally
insufficient. Some filing offices imposed requirements for or
conditions to filing that do not appear in the statute. Under
this section, the filing office is not expected to make legal
judgments and is not permitted to impose additional conditions or
requirements.

 
Subsection (a) [Maine cite subsection (1)] both prescribes and
limits the bases upon which the filing office must and may reject
records by reference to the reasons set forth in Section 9-516(b)
[Maine cite subsection 9-1516, subsection (2)]. For the most
part, the bases for rejection are limited to those that prevent
the filing office from dealing with a record that it receives-
because some the requisite information (e.g., the debtor's name)
is missing or cannot be deciphered, because the


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