Illinois – Senate Bill 355, effective January 1, 2008 amends Sec. 9-516 of the Illinois UCC law to provide that a filing does not occur with respect to a record that a filing office refuses to accept (i) where the filing office is unable to index the record because in the record submitted the debtor does not meet the definition of a transmitting utility, and (ii) in the case of an initial financing statement or an amendment if the filing office believes in good faith that a document submitted for filing is being filed for the purpose of defrauding any person or harassing any person in the performance of duties as a public servant. However, the Secretary of State may refuse to accept a record for filing under the above conditions only if the refusal is approved by the Department of Business Services of the Secretary of State and the General Counsel to the Secretary of State.
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