HB 222: "An Act relating to the filing of records related to secured transactions; and requiring the recorder to reject a document submitted for filing under the Uniform Commercial Code if the recorder reasonably believes that the document is being submitted for an unlawful, false, or fraudulent purpose, to promote an illegitimate object or purpose, in bad faith, or to harass or defraud a person."
00 HOUSE BILL NO. 222 01 "An Act relating to the filing of records related to secured transactions; and requiring 02 the recorder to reject a document submitted for filing under the Uniform Commercial 03 Code if the recorder reasonably believes that the document is being submitted for an 04 unlawful, false, or fraudulent purpose, to promote an illegitimate object or purpose, in 05 bad faith, or to harass or defraud a person." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 40.17.035 is amended by adding a new subsection to read: 08 (b) Notwithstanding (a) of this section, the recorder shall reject a document 09 submitted for filing under AS 45.29 (Uniform Commercial Code) if the recorder 10 reasonably believes that the document is being submitted for an unlawful, false, or 11 fraudulent purpose, to promote an illegitimate object or purpose, in bad faith, or to 12 harass or defraud a person. 13 * Sec. 2. AS 45.29.516(b) is amended to read:
01 (b) Filing does not occur with respect to a record that a filing office refuses to 02 accept because 03 (1) the record is not communicated by a method or medium of 04 communication authorized by the filing office; 05 (2) an amount equal to or greater than the applicable filing fee is not 06 tendered; 07 (3) the filing office is unable to index the record because, in the case of 08 (A) an initial financing statement, the record does not provide a 09 name for the debtor; 10 (B) an amendment or information statement, the record 11 (i) does not identify the initial financing statement as 12 required by AS 45.29.512 or 45.29.518, as applicable; or 13 (ii) identifies an initial financing statement whose 14 effectiveness has lapsed under AS 45.29.515; 15 (C) an initial financing statement that provides the name of a 16 debtor identified as an individual or an amendment that provides a name of a 17 debtor identified as an individual that was not previously provided in the 18 financing statement to which the record relates, the record does not identify the 19 debtor's surname; 20 (D) a record filed in the filing office described in 21 AS 45.29.501(a)(1) that relates to real property, the record does not provide a 22 sufficient description of the real property to which it relates; or 23 (E) a fixture filing or other filing allowed to be filed for record 24 in a filing office described in AS 45.29.501(a)(1), the filing does not provide 25 the name of the debtor and record owner; 26 (4) in the case of an initial financing statement or an amendment that 27 adds a secured party of record, the record does not provide a name and mailing 28 address for the secured party of record; 29 (5) in the case of an initial financing statement or an amendment that 30 provides a name of a debtor that was not previously provided in the financing 31 statement to which the amendment relates, the record does not
01 (A) provide a mailing address for the debtor; or 02 (B) indicate whether the name provided as the name of the 03 debtor is the name of an individual or an organization; 04 (6) in the case of an assignment reflected in an initial financing 05 statement under AS 45.29.514(a) or an amendment filed under AS 45.29.514(b), the 06 record does not provide a name and mailing address for the assignee; 07 (7) in the case of a continuation statement, the record is not filed 08 within the six-month period prescribed by AS 45.29.515(d); [OR] 09 (8) the record is not communicated on a form authorized by filing 10 office regulation; or 11 (9) the recorder reasonably believes that a document is being 12 submitted for filing for an unlawful, false, or fraudulent purpose, to promote an 13 illegitimate object or purpose, in bad faith, or to harass or defraud a person.