Section 440.403. Filing date and time.

Rule 403. (1) Except as provided in subrule (2) of this rule, the  filing date and time of a financing statement received with the proper filing fee is determined in the following manner:

(a)        For a financing statement delivered to the filing office as provided in R 40.103(a), the date and time delivery is receipted by the filing office.

(b)   Notwithstanding the time of delivery,   for  a  financing  statement delivered to the filing office as provided in R 440.103(b), (c), (e), or (g) during regular business hours, the earlier of the date and time delivery is receipted, or the next close of business following delivery.

(c)    For a financing statement transmitted to the filing office as provided in R 440.103(d), the date  and  time  the  filing  office  determines   that all required elements of the transmission have been received in the required format and are machine- readable.

(d)    For a financing statement transmitted to the filing office as provided in R 440.103(f), the date and time the financing statement has been accepted for filing by the filing office's direct on-line entry system.

(2)   Except as provided in subrule (1)(c) and (d) of  this  rule,  the filing date and time of a financing statement received after regular business hours or on a day the filing office is not open for business is the earlier of the date and time delivery is receipted by the filing office on the next day the office is open for business, or the close of business on  the   next day the filing office is open for business.

(3)  The filing officer may perform any duty relating to a   financing statement on the filing date or on a date after the filing date.

History: 2002 MR 21, Eff. Nov. 20, 2002.