Chapter 02. Refusal of Records
Regulation .01 Grounds for Refusal.LinkCopy Citation
A.
The grounds for refusal by the filing office to accept a record for filing are listed in Commercial Law Article, §9-516, Annotated Code of Maryland.
B.
Multiple Debtor Record. If the initial financing statement or an amendment contains more than one debtor name or address and some names or addresses are missing or illegible, the filing office shall accept only the debtors with legible name or names and address pairings.
C.
Multiple Secured Party or Parties Record. If the initial financing statement or an amendment contains more than one secured party or assignee name or address and some names or addresses are missing or illegible, the filing office shall accept only the legible name or names and address pairings.
D.
Remitter Responsibility. It is the responsibility of the remitter to insure the accuracy and completeness of the record in §§B and C of this regulation by performing a subsequent inspection of the public record once indexed.
Regulation .02 Procedure Upon Refusal.LinkCopy Citation
If the filing office finds grounds to refuse to accept a UCC record for filing, the filing office shall return the filing to the remitter and provide a written notice of refusal stating the grounds for refusal and the date and time that the record would have been accepted if not refused. The filing office shall separately refund the filing fee at a later date or apply the filing fee to a subsequent filing of a financing statement by the remitter.
Regulation .03 Notification of Defects.LinkCopy Citation
This subtitle does not prevent a filing office from communicating to a filer or a remitter that the filing office noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing. However, the filing office is under no obligation to do so.
Regulation .04 Refusal Errors.LinkCopy Citation
If a secured party or a remitter demonstrates to the satisfaction of the filing office that a UCC record that was refused for filing should not have been, the filing office shall file the UCC record as provided in this subtitle with the filing date and time that the record would have been accepted if not refused. The filing office shall also file a filing office correction statement that states the date and time the filing was originally presented for filing and should have been accepted by the filing office.
Chapter annotations
Authority: Commercial Law Article, §9-526, Annotated Code of Maryland
History: Effective date: July 1, 2001 (28:12 Md. R. 1112)