Saturday, March 25, 2017
     

UCC CHANGES EFFECTIVE JULY 1, 2001

July 1, 2001, the Kansas law concerning UCC filings will change. Senate Bill 366: Revised Article 9 will go into effect. The new statute is KSA-84-9-101 et seq. Under Revised Article 9, financing statements covering consumer goods will be filed in the office of the Secretary of State.

As a result of this change only financing statements covering fixtures, timber to be cut, and as-extracted oil, gas and other minerals are filed with the Register of Deeds in the county where the land is located. All other financing statements will be filed at the office of the Secretary of State.

To be perfected you should file all financing statements, except for fixture filings pertaining to real estate, with the Secretary of State's office and not with the Register of Deeds. If you send the UCC to a Register of Deeds Office with the correct filing fee it will be filed with no questions asked. The new law makes it the responsibility of the secured party to be perfected or secured. The Register of Deeds Office can only reject for a few reasons and wrong place of filing is not one of them. If consumer goods are sent to counties for filing instead of the Secretary of State's office, the filing will not be rejected.

Please seek legal advice or try to obtain a copy of the Revised Article 9, which may be found on the Secretary of States web site. We have placed a direct link to the Secretary of State's web site on this site under links. Also at the bottom of this notice we have placed a link that will take you directly to the new statute and the national forms. There are many new definitions, forms and procedures. You MUST use the new forms beginning July 1, 2001, whether you are filing locally or with the Secretary of State. If you are filing a mortgage as a fixture filing, your first page must be the new form and then you may attach the entire mortgage or the pages you deem necessary. In order to file a fixture filing you still need the record owner's name and complete legal description.

KANSAS REGISTER OF DEEDS ASSOCIATION GUIDELINES

  1. We will only accept the standardized UCC filing forms. (National UCC filing form) All others will be rejected.
  2. Documents presented for filing must be presented in the proper medium.
  3. Filing fees must accompany document. Payment must be made by check or cash. See fee schedule below.
  4. Document will be rejected if it cannot be properly indexed.
    a. We must have one complete debtor's name and address and one complete secured party's name and address. If multiple names and addresses are given, the UCC filing will be indexed only to the parties with complete or legible information.
    b. Failure to provide all information necessary to file the document. In the case of an assignment, failure to provide a name or address of the assignee would be a cause for rejection.
  5. No searches will be done by telephone. We will only accept written requests using the new national form.
  6. Mechanics Liens and Tax Liens will still be filed at the county level using the old fee schedule.

NEW FEES

UCC up to 10 pages $15.00

Each page after 10 pages $1.00 per page

Amendments up to 10 pages $15.00

Each page after 10 pages $1.00 per page

Terminations $15.00

Searches $15.00 per debtor name +

$1.00 per page for copies

If you file electronically with the state it is less expensive. Visit the Kansas Secretary of State website using the link below for their fees and guidelines. When filing at the county level you will need to submit the original and at least one copy if you wish to receive an acknowledgment copy with your file number. Check with the county filing office to see how many copies you need to send.

If you have any questions you may call or e-mail the register of deeds in the county in which you wish to file. A complete listing of all Kansas Register of Deeds can be found under county contacts on this site.

The following list includes some names, phone numbers and links you may need.

Kansas Secretary of State, UCC Division
www.kssos.org/uccwelc.html

Text of Law (Senate Bill 366)
www.kssos.org/ucc/ra9.pdf

Acceptable UCC Forms you can download using Adobe Acrobat

National UCC-1 Financing Statement Form
www.kssos.org/ucc/natucc1.pdf

National UCC-1 Amendment Form
www.kssos.org/ucc/natucc1amd.pdf

National Information Request Form
www.iaca.org/sts/UCC11.pdf

National Forms You Can Fill In Online and then Print Out
www.ernst.cc/alert/NFSfillinUCCForms.pdf

Kathy Sachs, Kansas Secretary of State, UCC Division
785-296-3828

Anne Lolley, Kansas Bankers Association, Director of Legal Department
785-232-3444