{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.9A-516.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.9A-516.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.9A-516.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.9A-516.html"}],"law_id":85389,"edition_id":1,"section_id":85389,"structure_id":13861,"section_number":"8.9A-516","catch_line":"What constitutes filing; effectiveness of filing","history":"2000, c. 1007; 2002, cc. 566, 644; 2012, c. 155; 2013, c. 757","full_text":"a\n\nWhat constitutes filing. Except as otherwise provided in subsection (b), 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.b\n\nRefusal to accept record; filing does not occur. Filing does not occur with respect to a record that a filing office refuses to accept because:1\n\nthe record is not communicated by a method or medium of communication authorized by the filing office;2\n\nan amount equal to or greater than the applicable filing fee is not tendered;3\n\nthe filing office is unable to index the record because:A\n\nin the case of an initial financing statement, the record does not provide a name for the debtor;B\n\nin the case of an amendment or information statement, the record:i\n\ndoes not identify the initial financing statement as required by \u00a7 8.9A-512 or 8.9A-518, as applicable;ii\n\nidentifies an initial financing statement whose effectiveness has lapsed under § 8.9A-515; oriii\n\nin the case of a record filed or recorded in the filing office described in § 8.9A-501(a)(1), does not provide the name and mailing address of the debtor;C\n\nin 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 which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor’s surname; orD\n\nin the case of a record filed or recorded in the filing office described in \u00a7 8.9A-501(a)(1), the record does not provide a sufficient description of the real property to which it relates;4\n\nin 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;5\n\nin the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:A\n\nprovide a mailing address for the debtor; orB\n\nindicate whether the name provided as the name of the debtor is the name of an individual or an organization;6\n\nin the case of an assignment reflected in an initial financing statement under § 8.9A-514(a) or an amendment filed under § 8.9A-514(b), the record does not provide a name and mailing address for the assignee;7\n\nin the case of a continuation statement, the record is not filed within the six-month period prescribed by § 8.9A-515(d); or8\n\nin the case of an initial financing statement or amendment communicated to the office of the State Corporation Commission, it appears to such office that the record:A\n\nis not created pursuant to this title;B\n\nis presented for filing for an improper purpose, such as to hinder, harass, or otherwise wrongfully interfere with a person or promote or conduct an illegitimate object or purpose;C\n\nis materially false or fraudulent; orD\n\nindicates that the debtor and the secured party are substantially the same person or that an individual debtor is a transmitting utility.c\n\nRules applicable to subsection (b). For purposes of subsection (b):1\n\na record does not provide information if the filing office is unable to read or decipher the information;2\n\na record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by § 8.9A-512, 8.9A-514, or 8.9A-518, is an initial financing statement; and3\n\nif the filing office becomes aware that a record may have been wrongfully filed because it should have been rejected under subdivision (b)(8), the filing office may review the record and relevant circumstances and, if it determines that the record was wrongfully filed and should have been rejected under subdivision (b)(8):A\n\nthe record shall be deemed void and ineffective; andB\n\nthe filing office shall remove the record from the index and communicate the foregoing to the person that presented the wrongfully filed record and to other persons, as appropriate.d\n\nRefusal to accept record; record effective as filed record. A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection (b), is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.","order_by":null,"text":{"0":{"id":305891,"text":"What constitutes filing. Except as otherwise provided in subsection (b), 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.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":305892,"text":"Refusal to accept record; filing does not occur. Filing does not occur with respect to a record that a filing office refuses to accept because:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"b1"},"2":{"id":305893,"text":"the record is not communicated by a method or medium of communication authorized by the filing office;","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"3":{"id":305894,"text":"an amount equal to or greater than the applicable filing fee is not tendered;","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"b3"},"4":{"id":305895,"text":"the filing office is unable to index the record because:","type":"section","prefixes":["b","3"],"prefix":"3","entire_prefix":"b3","prefix_anchor":"b3","level":2,"prior_prefix":"b2","next_prefix":"A"},"5":{"id":305896,"text":"in the case of an initial financing statement, the record does not provide a name for the debtor;","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"b3","next_prefix":"B"},"6":{"id":305897,"text":"in the case of an amendment or information statement, the record:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"i"},"7":{"id":305898,"text":"does not identify the initial financing statement as required by \u00a7 8.9A-512 or 8.9A-518, as applicable;","type":"section","prefixes":["i"],"prefix":"i","entire_prefix":"i","prefix_anchor":"i","level":1,"prior_prefix":"B","next_prefix":"iii"},"8":{"id":305899,"text":"identifies an initial financing statement whose effectiveness has lapsed under § 8.9A-515; or","type":"section","prefixes":["i","ii"],"prefix":"ii","entire_prefix":"iii","prefix_anchor":"iii","level":2,"prior_prefix":"i","next_prefix":"iiii"},"9":{"id":305900,"text":"in the case of a record filed or recorded in the filing office described in § 8.9A-501(a)(1), does not provide the name and mailing address of the debtor;","type":"section","prefixes":["i","iii"],"prefix":"iii","entire_prefix":"iiii","prefix_anchor":"iiii","level":2,"prior_prefix":"iii","next_prefix":"C"},"10":{"id":305901,"text":"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 which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor’s surname; or","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"iiii","next_prefix":"D"},"11":{"id":305902,"text":"in the case of a record filed or recorded in the filing office described in \u00a7 8.9A-501(a)(1), the record does not provide a sufficient description of the real property to which it relates;","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D4"},"12":{"id":305903,"text":"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;","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D","next_prefix":"D5"},"13":{"id":305904,"text":"in the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"A"},"14":{"id":305905,"text":"provide a mailing address for the debtor; or","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"D5","next_prefix":"B"},"15":{"id":305906,"text":"indicate whether the name provided as the name of the debtor is the name of an individual or an organization;","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B6"},"16":{"id":305907,"text":"in the case of an assignment reflected in an initial financing statement under § 8.9A-514(a) or an amendment filed under § 8.9A-514(b), the record does not provide a name and mailing address for the assignee;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B","next_prefix":"B7"},"17":{"id":305908,"text":"in the case of a continuation statement, the record is not filed within the six-month period prescribed by § 8.9A-515(d); or","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"18":{"id":305909,"text":"in the case of an initial financing statement or amendment communicated to the office of the State Corporation Commission, it appears to such office that the record:","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"A"},"19":{"id":305910,"text":"is not created pursuant to this title;","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"B8","next_prefix":"B"},"20":{"id":305911,"text":"is presented for filing for an improper purpose, such as to hinder, harass, or otherwise wrongfully interfere with a person or promote or conduct an illegitimate object or purpose;","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"21":{"id":305912,"text":"is materially false or fraudulent; or","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"22":{"id":305913,"text":"indicates that the debtor and the secured party are substantially the same person or that an individual debtor is a transmitting utility.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"c"},"23":{"id":305914,"text":"Rules applicable to subsection (b). For purposes of subsection (b):","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"D","next_prefix":"c1"},"24":{"id":305915,"text":"a record does not provide information if the filing office is unable to read or decipher the information;","type":"section","prefixes":["c","1"],"prefix":"1","entire_prefix":"c1","prefix_anchor":"c1","level":2,"prior_prefix":"c","next_prefix":"c2"},"25":{"id":305916,"text":"a record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by § 8.9A-512, 8.9A-514, or 8.9A-518, is an initial financing statement; and","type":"section","prefixes":["c","2"],"prefix":"2","entire_prefix":"c2","prefix_anchor":"c2","level":2,"prior_prefix":"c1","next_prefix":"c3"},"26":{"id":305917,"text":"if the filing office becomes aware that a record may have been wrongfully filed because it should have been rejected under subdivision (b)(8), the filing office may review the record and relevant circumstances and, if it determines that the record was wrongfully filed and should have been rejected under subdivision (b)(8):","type":"section","prefixes":["c","3"],"prefix":"3","entire_prefix":"c3","prefix_anchor":"c3","level":2,"prior_prefix":"c2","next_prefix":"A"},"27":{"id":305918,"text":"the record shall be deemed void and ineffective; and","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"c3","next_prefix":"B"},"28":{"id":305919,"text":"the filing office shall remove the record from the index and communicate the foregoing to the person that presented the wrongfully filed record and to other persons, as appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"d"},"29":{"id":305920,"text":"Refusal to accept record; record effective as filed record. A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection (b), is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13861,"edition_id":1,"name":"Filing Office, Contents and Effectiveness of Financing Statement","identifier":"1","label":"subpart","depth":3,"order_by":1,"parent_id":13860,"metadata":{},"date_created":"2026-06-26 03:46:06","date_modified":"2026-06-26 03:46:06","permalink":{"id":284177,"object_type":"structure","relational_id":13861,"identifier":"1","token":"8.9A\/5\/1","url":"\/8.9A\/5\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13860,"edition_id":1,"name":"Filing","identifier":"5","label":"part","depth":2,"order_by":1,"parent_id":13277,"metadata":{},"date_created":"2026-06-26 03:46:06","date_modified":"2026-06-26 03:46:06","permalink":{"id":284175,"object_type":"structure","relational_id":13860,"identifier":"5","token":"8.9A\/5","url":"\/8.9A\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13277,"edition_id":1,"name":"Commercial Code \u2014 Secured Transactions","identifier":"8.9A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":283833,"object_type":"structure","relational_id":13277,"identifier":"8.9A","token":"8.9A","url":"\/8.9A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72400,"structure_id":13861,"section_number":"8.9A-501","catch_line":"Filing office","url":"\/8.9A-501\/","token":"8.9A\/5\/1\/8.9A-501","metadata":false},{"id":70542,"structure_id":13861,"section_number":"8.9A-502","catch_line":"Contents of financing statement; record of mortgage as financing statement; time of filing financing statement","url":"\/8.9A-502\/","token":"8.9A\/5\/1\/8.9A-502","metadata":false},{"id":81477,"structure_id":13861,"section_number":"8.9A-503","catch_line":"Name of debtor and secured party","url":"\/8.9A-503\/","token":"8.9A\/5\/1\/8.9A-503","metadata":false},{"id":54883,"structure_id":13861,"section_number":"8.9A-504","catch_line":"Indication of collateral","url":"\/8.9A-504\/","token":"8.9A\/5\/1\/8.9A-504","metadata":false},{"id":56694,"structure_id":13861,"section_number":"8.9A-505","catch_line":"Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions","url":"\/8.9A-505\/","token":"8.9A\/5\/1\/8.9A-505","metadata":false},{"id":61527,"structure_id":13861,"section_number":"8.9A-506","catch_line":"Effect of errors or omissions","url":"\/8.9A-506\/","token":"8.9A\/5\/1\/8.9A-506","metadata":false},{"id":65503,"structure_id":13861,"section_number":"8.9A-507","catch_line":"Effect of certain events on effectiveness of financing statement","url":"\/8.9A-507\/","token":"8.9A\/5\/1\/8.9A-507","metadata":false},{"id":83849,"structure_id":13861,"section_number":"8.9A-508","catch_line":"Effectiveness of financing statement if new debtor becomes bound by security agreement","url":"\/8.9A-508\/","token":"8.9A\/5\/1\/8.9A-508","metadata":false},{"id":86245,"structure_id":13861,"section_number":"8.9A-509","catch_line":"Persons entitled to file a record","url":"\/8.9A-509\/","token":"8.9A\/5\/1\/8.9A-509","metadata":false},{"id":84909,"structure_id":13861,"section_number":"8.9A-510","catch_line":"Effectiveness of filed record","url":"\/8.9A-510\/","token":"8.9A\/5\/1\/8.9A-510","metadata":false},{"id":77842,"structure_id":13861,"section_number":"8.9A-511","catch_line":"Secured party of record","url":"\/8.9A-511\/","token":"8.9A\/5\/1\/8.9A-511","metadata":false},{"id":87008,"structure_id":13861,"section_number":"8.9A-512","catch_line":"Amendment of financing statement","url":"\/8.9A-512\/","token":"8.9A\/5\/1\/8.9A-512","metadata":false},{"id":65185,"structure_id":13861,"section_number":"8.9A-513","catch_line":"Termination statement","url":"\/8.9A-513\/","token":"8.9A\/5\/1\/8.9A-513","metadata":false},{"id":59675,"structure_id":13861,"section_number":"8.9A-514","catch_line":"Assignment of powers of secured party of record","url":"\/8.9A-514\/","token":"8.9A\/5\/1\/8.9A-514","metadata":false},{"id":70878,"structure_id":13861,"section_number":"8.9A-515","catch_line":"Duration and effectiveness of financing statement; effect of lapsed financing statement","url":"\/8.9A-515\/","token":"8.9A\/5\/1\/8.9A-515","metadata":false},{"id":85389,"structure_id":13861,"section_number":"8.9A-516","catch_line":"What constitutes filing; effectiveness of filing","url":"\/8.9A-516\/","token":"8.9A\/5\/1\/8.9A-516","metadata":false},{"id":61963,"structure_id":13861,"section_number":"8.9A-517","catch_line":"Effect of indexing errors","url":"\/8.9A-517\/","token":"8.9A\/5\/1\/8.9A-517","metadata":false},{"id":64795,"structure_id":13861,"section_number":"8.9A-518","catch_line":"Claim concerning inaccurate or wrongfully filed record","url":"\/8.9A-518\/","token":"8.9A\/5\/1\/8.9A-518","metadata":false}],"previous_section":{"id":70878,"structure_id":13861,"section_number":"8.9A-515","catch_line":"Duration and effectiveness of financing statement; effect of lapsed financing statement","url":"\/8.9A-515\/","token":"8.9A\/5\/1\/8.9A-515","metadata":false},"next_section":{"id":61963,"structure_id":13861,"section_number":"8.9A-517","catch_line":"Effect of indexing errors","url":"\/8.9A-517\/","token":"8.9A\/5\/1\/8.9A-517","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.9A-516\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 1007<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2002, chapters 566<\/a> and 644<\/a>; in 2012, chapter 155<\/a>; in 2013, chapter 757<\/a>.<\/p>","references":[{"id":59732,"section_number":"8.9A-109","catch_line":"Scope","order_by":null,"url":"\/8.9A-109\/"},{"id":72213,"section_number":"8.9A-338","catch_line":"Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information","order_by":null,"url":"\/8.9A-338\/"},{"id":84214,"section_number":"8.9A-520","catch_line":"Acceptance and refusal to accept record","order_by":null,"url":"\/8.9A-520\/"},{"id":78414,"section_number":"8.9A-521.1","catch_line":"Format of statements and records","order_by":null,"url":"\/8.9A-521.1\/"}],"refers_to":[{"id":72400,"section_number":"8.9A-501","catch_line":"Filing office","order_by":null,"url":"\/8.9A-501\/"},{"id":87008,"section_number":"8.9A-512","catch_line":"Amendment of financing statement","order_by":null,"url":"\/8.9A-512\/"},{"id":59675,"section_number":"8.9A-514","catch_line":"Assignment of powers of secured party of record","order_by":null,"url":"\/8.9A-514\/"},{"id":70878,"section_number":"8.9A-515","catch_line":"Duration and effectiveness of financing statement; effect of lapsed financing statement","order_by":null,"url":"\/8.9A-515\/"},{"id":64795,"section_number":"8.9A-518","catch_line":"Claim concerning inaccurate or wrongfully filed record","order_by":null,"url":"\/8.9A-518\/"}],"permalink":{"id":284239,"object_type":"law","relational_id":85389,"identifier":"8.9A-516","token":"8.9A\/5\/1\/8.9A-516","url":"\/8.9A-516\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.9A-516\/","token":"8.9A\/5\/1\/8.9A-516","dublin_core":{"Title":"What constitutes filing; effectiveness of filing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.9A-516","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> What constitutes filing. Except as otherwise provided in subsection (b), 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Refusal to accept record; filing does not occur. Filing does not occur with respect to a record that a filing office refuses to accept because: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the record is not communicated by a method or medium of communication authorized by the filing office; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> an amount equal to or greater than the applicable filing fee is not tendered; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> the filing office is unable to index the record because: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> in the case of an initial financing statement, the record does not provide a name for the debtor; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> in the case of an amendment or information statement, the record: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

i.<\/span> does not identify the initial financing statement as required by \u00a7 8.9A-512<\/a> or 8.9A-518<\/a>, as applicable; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

ii.<\/span> identifies an initial financing statement whose effectiveness has lapsed under § 8.9A-515<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

iii.<\/span> in the case of a record filed or recorded in the filing office described in § 8.9A-501<\/a>(a)(1), does not provide the name and mailing address of the debtor; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 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 which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor’s surname; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> in the case of a record filed or recorded in the filing office described in \u00a7 8.9A-501<\/a>(a)(1), the record does not provide a sufficient description of the real property to which it relates; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> in the case of an initial financing statement or an amendment that adds a secured party<\/span> of record, the record does not provide a name and mailing address for the secured party<\/span> of record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> in the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> provide a mailing address for the debtor; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> indicate whether the name provided as the name of the debtor is the name of an individual or an organization; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> in the case of an assignment reflected in an initial financing statement under § 8.9A-514<\/a>(a) or an amendment filed under § 8.9A-514<\/a>(b), the record does not provide a name and mailing address for the assignee; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> in the case of a continuation statement, the record is not filed within the six-month period prescribed by § 8.9A-515<\/a>(d); or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> in the case of an initial financing statement or amendment communicated to the office of the State Corporation Commission, it appears to such office that the record: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> is not created pursuant to this title; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> is presented for filing for an improper purpose, such as to hinder, harass, or otherwise wrongfully interfere with a person or promote or conduct an illegitimate object<\/span> or purpose; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> is materially false or fraudulent; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> indicates that the debtor and the secured party<\/span> are substantially the same person or that an individual debtor is a transmitting utility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Rules applicable to subsection (b). For purposes of subsection (b): <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> a record does not provide information if the filing office is unable to read or decipher the information; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> a record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by § 8.9A-512<\/a>, 8.9A-514<\/a>, or 8.9A-518<\/a>, is an initial financing statement; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> if the filing office becomes aware that a record may have been wrongfully filed because it should have been rejected under subdivision (b)(8), the filing office may review the record and relevant circumstances and, if it determines that the record was wrongfully filed and should have been rejected under subdivision (b)(8): <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> the record shall be deemed void and ineffective; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> the filing office shall remove the record from the index and communicate the foregoing to the person that presented the wrongfully filed record and to other persons, as appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Refusal to accept record; record effective as filed record. A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection (b), is effective as a filed record except as against a purchaser of the collateral<\/span> which gives value in reasonable reliance upon the absence of the record from the files. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING (\u00a7 8.9A-516)\n\na. What constitutes filing. Except as otherwise provided in subsection (b),\ncommunication of a record to a filing office and tender of the filing fee or\nacceptance of the record by the filing office constitutes filing.\n\nb. Refusal to accept record; filing does not occur. Filing does not occur with\nrespect to a record that a filing office refuses to accept because:\n\n 1. the record is not communicated by a method or medium of communication\n authorized by the filing office;\n\n 2. an amount equal to or greater than the applicable filing fee is not\n tendered;\n\n 3. the filing office is unable to index the record because:\n\nA. in the case of an initial financing statement, the record does not provide a\nname for the debtor;\n\nB. in the case of an amendment or information statement, the record:\n\ni. does not identify the initial financing statement as required by \u00a7 8.9A-512\nor 8.9A-518, as applicable;\n\n ii. identifies an initial financing statement whose effectiveness has lapsed\n under § 8.9A-515; or\n\n iii. in the case of a record filed or recorded in the filing office described\n in § 8.9A-501(a)(1), does not provide the name and mailing address of the\n debtor;\n\nC. in the case of an initial financing statement that provides the name of a\ndebtor identified as an individual or an amendment that provides a name of a\ndebtor identified as an individual which was not previously provided in the\nfinancing statement to which the record relates, the record does not identify\nthe debtor’s surname; or\n\nD. in the case of a record filed or recorded in the filing office described in\n\u00a7 8.9A-501(a)(1), the record does not provide a sufficient description of the\nreal property to which it relates;\n\n 4. in the case of an initial financing statement or an amendment that adds a\n secured party of record, the record does not provide a name and mailing\n address for the secured party of record;\n\n 5. in the case of an initial financing statement or an amendment that provides\n a name of a debtor which was not previously provided in the financing\n statement to which the amendment relates, the record does not:\n\nA. provide a mailing address for the debtor; or\n\nB. indicate whether the name provided as the name of the debtor is the name of\nan individual or an organization;\n\n 6. in the case of an assignment reflected in an initial financing statement\n under § 8.9A-514(a) or an amendment filed under § 8.9A-514(b), the\n record does not provide a name and mailing address for the assignee;\n\n 7. in the case of a continuation statement, the record is not filed within the\n six-month period prescribed by § 8.9A-515(d); or\n\n 8. in the case of an initial financing statement or amendment communicated to\n the office of the State Corporation Commission, it appears to such office that\n the record:\n\nA. is not created pursuant to this title;\n\nB. is presented for filing for an improper purpose, such as to hinder, harass,\nor otherwise wrongfully interfere with a person or promote or conduct an\nillegitimate object or purpose;\n\nC. is materially false or fraudulent; or\n\nD. indicates that the debtor and the secured party are substantially the same\nperson or that an individual debtor is a transmitting utility.\n\nc. Rules applicable to subsection (b). For purposes of subsection (b):\n\n 1. a record does not provide information if the filing office is unable to\n read or decipher the information;\n\n 2. a record that does not indicate that it is an amendment or identify an\n initial financing statement to which it relates, as required by §\n 8.9A-512, 8.9A-514, or 8.9A-518, is an initial financing statement; and\n\n 3. if the filing office becomes aware that a record may have been wrongfully\n filed because it should have been rejected under subdivision (b)(8), the\n filing office may review the record and relevant circumstances and, if it\n determines that the record was wrongfully filed and should have been rejected\n under subdivision (b)(8):\n\nA. the record shall be deemed void and ineffective; and\n\nB. the filing office shall remove the record from the index and communicate the\nforegoing to the person that presented the wrongfully filed record and to other\npersons, as appropriate.\n\nd. Refusal to accept record; record effective as filed record. A record that is\ncommunicated to the filing office with tender of the filing fee, but which the\nfiling office refuses to accept for a reason other than one set forth in\nsubsection (b), is effective as a filed record except as against a purchaser of\nthe collateral which gives value in reasonable reliance upon the absence of the\nrecord from the files.\n\nHISTORY: 2000, c. 1007; 2002, cc. 566, 644; 2012, c. 155; 2013, c. 757","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}