West Virginia Code § 46-9-519

Numbering, maintaining and indexing records; communicating
Open in Lexace · Ask the AI about this section
information provided in records.
(a) Filing office duties. For each record filed in a filing office, the filing office shall:
(1) Assign a unique number to the filed record;
(2) Create a record that bears the number assigned to the filed record and the date and time
of filing; u
(3) Maintain the filed record for public inspection; and
(4) Index the filed record in accordance with subsectioans (c), (d) and (e) of this section.
(b) File number. A file number assigned after January 1, 2002, must include a digit that:
(1) Is mathematically derived from or related to the other digits of the file number; and
(2) Aids the filing office in determining whether a number communicated as the file number
includes a single-digit or transpositional error.
(c) Indexing: general. Except aes otherwise provided in subsections (d) and (e) of this section,
the filing office shall:
(1) Index an initial financing statement according to the name of the debtor and index all
filed records relating to the initial financing statement in a manner that associates with one
another an initial financing statement and all filed records relating to the initial financing
statement; and
(2) WIndex a record that provides a name of a debtor which was not previously provided in the
financing statement to which the record relates also according to the name that was not
previously provided.
(d) Indexing: real-property-related financing statement. If a financing statement is filed as a
fixture filing or covers as-extracted collateral or timber to be cut, it must be filed for record
and the filing office shall index it:
(1) Under the names of the debtor and of each owner of record shown on the financing
statement as if they were the mortgagors under a mortgage of the real property described;
and
(2) To the extent that the law of this state provides for indexing of records of mortgages
under the name of the mortgagee, under the name of the secured party as if the secured
party were the mortgagee thereunder, or, if indexing is by description, as if the financing
statement were a record of a mortgage of the real property described.
(e) Indexing: real-property-related assignment. If a financing statement is filed as a fixture
filing or covers as-extracted collateral or timber to be cut, the filing office shall index an
assignment filed under section 9-514(a) or an amendment filed under section 9-514(b):
(1) Under the name of the assignor as grantor; and
(2) To the extent that the law of this state provides for indexing a record of the assignment
of a mortgage under the name of the assignee.
(f) Retrieval and association capability. The filing office shall maintain a capability:
(1) To retrieve a record by the name of the debtor and:
(A) If the filing office is described in section 9-501(a)(1), by the file number assigned to the
initial financing statement to which the record relates and the date and time that the record
was filed or recorded; or
(B) If the filing office is described in section 9-501(a)(2), by the file number assigned to the
initial financing statement to which the record relates; and
(2) To associate and retrieve with one another an initial financing statement and each filed
record relating to the initial fineancing statement.
(g) Removal of debtor's Lname. The filing office may not remove a debtor's name from the
index until one year after the effectiveness of a financing statement naming the debtor
lapses under section 9-515 with respect to all secured parties of record.
(h) Timeliness of filing office performance. The filing office shall perform the acts required
by subsections (a) through (e), inclusive, of this section at the time and in the manner
preWscribed by filing-office rule, but not later than two business days after the filing office
receives the record in question.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.