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 State 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:
- We will only accept the standardized UCC filing forms. (National UCC filing form) All others will be rejected.
- Documents presented for filing must be presented in the proper medium.
- Filing fees must accompany document. Payment must be check or cash. See fee schedule below.
- Document will be rejected if it cannot be properly indexed.
- 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.
- 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.
- No searches will be done by telephone. We will only accept written requests using the new national form.
- Mechanics Liens and Tax Liens will still be filed at the county level.