1. (a) A person may file in the filing office an information statement with respect to a record indexed there under the person’s name if the person believes that the record is inaccurate or was wrongfully filed.

2. (b) An information statement under subsection (a) of this section shall:

   1. (1) Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates;
   2. (2) Indicate that it is an information statement; and
   3. (3) Provide the basis for the person’s belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person’s belief that the record was wrongfully filed.
3. (c) A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under § 28:9-509(d).

4. (d) An information statement under subsection (c) of this section shall:

   1. (1) Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates;
   2. (2) Indicate that it is an information statement; and
   3. (3) Provide the basis for the person’s belief that the person that filed the record was not entitled to do so under § 28:9-509(d).
5. (e) The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.

Uniform Commercial Code Comment

3. Resort to Other Law. This Article cannot provide a satisfactory or complete solution to problems caused by misuse of the public records. The problem of “bogus” filings is not limited to the UCC filing system but extends to the real-property records, as well. A summary judicial procedure for correcting the public record and criminal penalties for those who misuse the filing and recording systems are likely to be more effective and put less strain on the filing system than provisions authorizing or requiring action by filing and recording offices.

This section does not displace other provisions of this Article that impose liability for making unauthorized filings or failing to file or send a termination statement (see Section 9-625(e)), nor does it displace any available judicial remedies.

2. Correction Statements. Former Article 9 did not afford a nonjudicial means for a debtor to correct a financing statement or other record that was inaccurate or wrongfully filed. Subsection (a) affords the debtor the right to file a correction statement. Among other requirements, the correction statement must provide the basis for the debtor’s belief that the public record should be corrected. See subsection (b). These provisions, which resemble the analogous remedy in the Fair Credit Reporting Act, 15 U.S.C. § 1681i, afford an aggrieved person the opportunity to state its position on the public record. They do not permit an aggrieved person to change the legal effect of the public record. Thus, although a filed correction statement becomes part of the “financing statement,“ as defined in Section 9-102, the filing does not affect the effectiveness of the initial financing statement or any other filed record. See subsection (c).

1. Source. New.

History

Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576

May 1, 2013, D.C. Law 19-302, § 2(p), 60 DCR 2688

Editor's Notes

Applicability of D.C. Law 19-302: Section 4 of D.C. Law 19-302 provided that the act shall apply as of July 1, 2013.

Effect of Amendments

The 2013 amendment by D.C. Law 19-302 rewrote the section.

Section References

This section is referenced in § 28:9-516.