§25-9-518. Claim concerning inaccurate or wrongfully filed record

(a)        Statement With Respect to Record Indexed Under Person's Name. - A person may file in the filing office an information statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed.

(b)        Contents of Statement Under Subsection (a). - An information statement under subsection (a) of this section must:

(1)        Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates;

(2)        Indicate that it is an information statement; and

(3)        Provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed. An information statement that is subject to the provisions of subsection (b1) of this section shall include a written certification, under oath, by the person that the contents of the information statement are true and accurate to the best of the person's knowledge.

(b1)      In the case of an information statement alleging that a previously filed record was wrongfully filed and that it should have been rejected under G.S. 25-9-516(b)(8), the Secretary of State shall, without undue delay, determine whether the contested record was wrongfully filed and should have been rejected. In order to determine whether the record was wrongfully filed, the Secretary of State may require the person filing the information statement and the secured party to provide any additional relevant information requested by the Secretary of State, including an original or a copy of any security agreement that is related to the record. If the Secretary of State finds that the record was wrongfully filed and should have been rejected under G.S. 25-9-516(b)(8), the Secretary of State shall cancel the record and it shall be void and of no effect.

(b2)      Statement by Secured Party of Record. - A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under G.S. 25-9-509(d).

(b3)      Contents of Statement Under Subsection (b2). - An information statement under subsection (b2) of this section must:

(1)        Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates;

(2)        Indicate that it is an information statement; and

(3)        Provide the basis for the person's belief that the person that filed the record was not entitled to do so under G.S. 25-9-509(d).

(c)        Record not affected by information statement. - The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.

(2000-169, s. 1; 2001-231, ss. 2, 3; 2012-70, s. 15.)