The following grounds are the sole grounds for the filing officer's refusal to issue a filing date upon receipt of a transition property notice filing. For purposes of this section, the term "legible" means a writing that is capable of being readily deciphered or read and that is capable of reproduction or interpretation by use of present technology. The term "legible" includes a machine-readable or otherwise readily decipherable electronic transmission.
- (1) Grantor or Assignor Name. A transition property notice that is required to name a grantor or assignor name under §96.42 (relating to Information Required for Indexing) shall be refused if the document fails to include a legible grantor or assignor name.
- (2) Financing Party or Assignee Name. A transition property notice that is required to name a financing party or assignee of record under §96.42 shall be refused if the document fails to include a legible financing party or assignee of record name.
- (3) Financing Party or Assignee Address. An original transition property notice shall be refused if it fails to include a legible address for each named financing party or assignee.
- (4) Lack of Identification of an Original Transition Property Notice Filing. A transition property notice, other than an original transition property notice, shall be refused if the document's identification of the original transition property notice does not correspond to the identification number of a transition property notice in the information management system maintained by the filing officer.
- (5) Insufficient Identification of Original Transition Property Notice. A transition property notice, other than an original transition property notice, shall be refused if it fails to identify one or more authorizing financing parties or assignees of record. A transition property notice, other than an original transition property notice, shall be refused if identification of the original transition property notice corresponds to an original transition property notice in the filing officer's index, and the document identifies as the authorizing financing party(ies) of record no financing party of record that corresponds to a financing party of record on the identified transition property notice. For this purpose, an authorizing financing 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 financing party of record on the identified transition property notice. This rule shall not provide grounds for refusal of a document if a submitter or a financing party provides a satisfactory written explanation for the discrepancy between the name of a financing party on the document and the name of a financing party on the corresponding transition property notice.
- (6) Other Required Information. A transition property notice that does not identify itself as an original transition property notice or another type of transition property notice shall be refused.
- (7) 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).
Source Note:The provisions of this §96.40 adopted to be effective January 20, 2000, 25 TexReg 266.