As of July 1, 2001, all new UCC filings will be filed with the Kentucky Secretary of State’s Office, with the exception of the following:

1. Title Liens
2. Fixture Filings
3. Timber (to be cut)
4. Minerals to be extracted

Any questions concerning new UCC filings (other than exceptions) should be directed to the Secretary of State’s Office, UCC Branch.

Any fixture filing, or filing on timber to be cut, or minerals to be extracted would be designated to be filed in the real property records and must contain a reasonable description of the real estate.

Legislation eliminated the requirement for signatures of either the debtor(s) or secured party(s) on any UCC document or Title Lien Statement filed.

Fixture & Other UCC Filing Amendment

Filing Requirements
• File number of the initial financing statement
• Name of the debtor
• Name of the secured party
• Provide a description of the real property (if collateral is added)

Filing Fee:

$96.00
Pages exceeding 5 pages will cost $3.00 per page.

An initial financing statement may reflect an assignment of all of the secured party’s power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party.
A secured party of record may assign all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement which:

• Identifies, the file number or the original filing
• Provides the name of the assignor
• Provides the name and mailing address of the assignee

Filing Fee:

$46.00
Pages exceeding 5 pages will cost $3.00 per page.

Fixture & Other UCC Filing Continuation

A continuation statement may be filed only within six (6) months before the expiration of the 5-year period. The continuation statement lasts for up to five years from the original file date. The continuation will lapse unless another continuation is filed. The original file date is always the key date as it relates to a lapsed filing or as it relates to the six month period before a continuation can be filed.

Filing Requirements:
• File number of the initial financing statement
• Name of the debtor
• Name of the secured party
• Provide a description of the real property

Filing Fee:

$46.00
Pages exceeding 5 pages will cost $3.00 per page.

Fixture & Other UCC Filing Correction

1. A person may file in the filing office a correction 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.
2. A correction statement must:
a. Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates;
b. Indicate that it is a correction statement; and
c. Provides 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
3. The filing correction statement does not affect the effectiveness of an initial financing statement or other filed record

Filing Fee:

$46.00
Pages exceeding 5 pages will cost $3.00 per page.

Fixture & Other UCC Filing Requirements
Filing Requirements:
• The debtor’s name and mailing address
• The secure party’s name and mailing address
• The property owner’s name if other than the debtor (the county clerk’s office should presume the debtor is the property owner unless the document indicates otherwise)
• Provide a description of the real property to which the collateral is related

Filing Fee:

$96.00
Pages exceeding 5 pages will cost $3.00 per page.

Fixture & Other UCC Filing Termination

Filing Requirements:
• File number of the initial financing statement
• Name of the debtor
• Name of the secured party
• Provide a description of the real property
• Indicate the termination or partial termination of the filing
Filing Fees:
Full termination is paid with the original filing

Partial termination – Filing Fee

$46.00
Pages exceeding 5 pages will cost $3.00 per page.