The following grounds are the sole grounds for the filing officer's refusal to accept a UCC document for filing. As used herein, the term "legible" is not limited to refer only to written expressions on paper: it requires a machine-readable transmission for electronic transmissions and an otherwise readily decipherable transmission in other cases.
- (1) Debtor name. A UCC document that is required to name a debtor under Subchapter B of this chapter (relating to Information Required for Indexing) shall be refused if the document fails to include a legible debtor name.
- (2) Secured party name. A UCC document that is required to name a secured party or a secured party of record under Subchapter B of this chapter shall be refused if the document fails to include a legible such secured party name.
- (3) Secured party address. An original financing statement shall be refused if it fails to include a legible address for each named secured party.
- (4) Assignee name and address. A UCC document that names an assignee shall be refused if the assignee's name or address is illegible.
- (5) Lack of identification of original financing statement. A UCC document other than an original financing statement shall be refused if the document's identification of the original financing statement does not correspond to the identification number of a financing statement then active in the UCC information management system.
- (6) Insufficient identification of original financing statement. A UCC document other than an original financing statement shall be refused if it fails to identify one or more authorizing secured parties of record or if it fails to set forth a signature. A UCC document other than an original financing statement shall be refused if identification of the original financing statement corresponds to an original financing statement in the filing officer's UCC index, and the document identifies as the authorizing secured party(ies) of record no secured party of record that corresponds to a secured party of record on the identified financing statement. For this purpose an authorizing secured party of record shall be deemed to so correspond if its name matches that of a name (ignoring punctuation and "business endings" such as "Inc.," "Co.," "Corporation," "L.P.," "LLC" and the like), or its address matches that of an address of a secured party of record on the identified financing statement. This rule shall not provide grounds for refusal to accept a document if a remitter or a secured party provides a satisfactory written explanation for the discrepancy between the name of a secured party on the document and the name of a secured party on the corresponding financing statement.
- (7) Other required information. A UCC document that does not identify itself as an original financing statement or another type of UCC document shall be refused.
(8) Timeliness of continuation statement. A continuation statement shall be refused if it is not received during the six month period concluding on the day upon which the financing statement would lapse.
- (A) First day permitted. The first day on which a continuation statement 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 statement may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse.
- (B) Last day permitted. The last day on which a continuation statement may be filed is the date upon which the financing statement lapses.
- (9) Fee. A document shall be refused if the document is accompanied by less than the full filing fee tendered by a method described in §95.113 of this title (relating to Methods of Payment).
- (10) EDI refusal. UCC documents delivered by EDI may be refused as provided in §95.448 of this title (relating to Refusal of EDI Document) for reasons not applicable to other delivery methods.
Source Note:The provisions of this §95.302 adopted to be effective November 1, 1998, 23 TexReg 9727.