Section 55-9-516 - What constitutes filing; effectiveness of filing(a) Except as otherwise provided in Subsection (b) of this section, 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) Filing does not occur with respect to a record that the secretary of state refuses to accept because:(1) the record is not communicated by a method or medium of communication authorized by the filing office;(2) an amount equal to or greater than the applicable filing fee is not tendered;(3) the filing office is unable to index the record because:(A) in the case of an initial financing statement, the record does not provide a name for the debtor;(B) in the case of an amendment or information statement, the record: (i) does not identify the initial financing statement as required by Section 55-9-512 or 55-9-518 NMSA 1978, as applicable; or(ii) identifies an initial financing statement whose effectiveness has lapsed under Section 55-9-515 NMSA 1978;(C) 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 that was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's surname; or(D) in the case of a record filed or recorded in the filing office described in Paragraph (1) of Subsection (a) of Section 55-9-501 NMSA 1978, the record does not provide a sufficient description of the real property to which it relates;(4) 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;(5) in the case of an initial financing statement or an amendment that provides a name of a debtor that was not previously provided in the financing statement to which the amendment relates, the record does not:(A) provide a mailing address for the debtor; or(B) indicate whether the name provided as the name of the debtor is the name of an individual or an organization;(6) in the case of an assignment reflected in an initial financing statement under Subsection (a) of Section 55-9-514 NMSA 1978 or an amendment filed under Subsection (b) of Section 55-9-514 NMSA 1978, the record does not provide a name and mailing address for the assignee; or(7) in the case of a continuation statement, the record is not filed within the six-month period prescribed by Subsection (d) of Section 55-9-515 NMSA 1978.(c) For purposes of Subsection (b) of this section:(1) a record does not provide information if the secretary of state is unable to read or decipher the information; and(2) a record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by Section 55-9-512, 55-9-514 or 55-9-518 NMSA 1978, is an initial financing statement.(d) A record that is communicated to the filing office with tender of the filing fee, but that the secretary of state refuses to accept for a reason other than one set forth in Subsection (b) of this section, is effective as a filed record except as against a purchaser of the collateral that gives value in reasonable reliance upon the absence of the record from the files.1978 Comp., § 55-9-516, enacted by Laws 2001, ch. 139, § 87; 2013, ch. 137, § 16.Amended by 2013, c. 137,s. 16, eff. 6/14/2013.