Kansas Secretary of State
Guidelines for Accepting a UCC Record [1]
The following assumptions apply:
1. The
problem described is the only issue; all other information on the form is
correct.
2. The
procedure outlined is filing officer action only; it does not indicate legal
correctness or perfection.
Initial Financing
Statement
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Action
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Revised Article 9 Section |
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Contact
Information |
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The filer fails to provide information in item
A. |
Accept |
9-520(a) |
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The
filer fails to provide information in Item B. |
Accept
– acknowledgement not required |
9-520(a) 9-523(a) |
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Section
1. Debtor Information |
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The filer provides an organization name in
item 1a and an individual name in item 1b. |
Accept
– index both debtors with the address provided
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9-520(a) |
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The filer provides an organization name in
item 1a and an individual name in item 1b.
Item 2a and 2b are blank and item 1c and item 2c are completed as well
as all other pertinent information. |
Accept
-
index both debtors with the address provided |
9-520(a) |
|
The filer provides a name in item 1. Items
1c-1g are completed appropriately. Debtor name is provided in item 2. No information is provided in item 2c. |
Accept
- index debtor 1; do not index debtor 2 |
9-520(d) |
|
The filer provides information in the city
field and either the state or country field of item 1c. |
Accept |
9-520(a) |
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The filer fails to provide information in item
1d. |
Accept |
9-520(a) |
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The filer fails to provide any information in
item 1e (assuming a debtor name was provided in item 1a). |
Reject |
9-516(b)(5)(C)(i) |
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The filer provides information in item 1e that
does not appear to be a type of organization. |
Accept |
9-520(a) |
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The
filer fails to provide any information in item 1f (assuming a debtor name was
provided in item 1a). |
Reject |
9-516(b)(5)(C)(ii) |
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The filer provides information that does not
appear to be a jurisdiction in item 1f. |
Accept |
9-520(a) |
|
The
filer fails to provide information or check “none” in item 1g (assuming a
debtor name was provided in item 1a). |
Reject |
9-516(b)(5)(C)(iii) |
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The filer provides information that does not
appear to be an organization identification number in item 1g. |
Accept |
9-520(a) |
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Section
3. Secured Party Information |
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The filer provides an organization name in
item 3a and an individual name in item 3b. One address is provided in item
3c. |
Accept
– index both secured parties with the address
provided |
|
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The filer provides information in the city
field and either the state or country field in 3c. |
Accept |
9-520(a) |
|
Section
4. Collateral Information |
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The filer fails to provide information in item
4. |
Accept |
9-520(a) |
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The filer provides information in item 4 that
appears to require filing officer action (for example, listing add’tl debtor
or indicate debtor is a transmitting utility). |
Accept
- take
no action on info provided |
9-520(a) |
|
Section
5. Alternate Designation |
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The
filer checks “Non-UCC filing” box in item 5. |
Accept |
9-520(a) |
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The
filer checks multiple boxes in item 5. |
Accept |
9-520(a) |
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Section
6. Real Estate Recording Designation |
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The filer checks the box in item 6. |
Accept |
9-520(a) |
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The filer checks the box in item 6 but fails
to provide an addendum. |
Accept
at State level Reject
at local level |
9-520(a) 9-516(b)(3)(D) |
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Section 7. Search
Report Requests |
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The filer checks a box in item 7.
|
Accept -
conduct a search that includes the filing |
9-520(a) 9-523(c) |
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Section 8.
Optional Filer Reference Data |
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The
filer provides information in item 8 that appears to require filing officer
action. |
Accept -
take no action on info provided |
9-520(a) |
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Financing Statement Addendum |
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Section 9. Name of
First Debtor on Related Financing Statement |
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The
filer fails to replicate information in item 9 as provided in item 1. |
Accept
|
9-520(a) |
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The
filer truncates the information in item 9 that was provided in item 1. |
Accept
|
9-520(a) |
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The
filer abbreviates the information in item 9 that was provided in item 1. |
Accept
|
9-520(a) |
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The
filer fails to provide information in item 9. |
Accept
|
9-520(a)
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Section 10.
Miscellaneous |
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The
filer provides information that appears to require filing officer action. |
Accept
– take no action UNLESS information
pertains to:
17-630: interstate gas
pipeline/public utility mortgage; 58-244: agricultural
input lien; 66-1217: railroad
company/public utility mortgage; then index as specific lien w/ approp. lapse
date. |
9-520(a) 17-630 58-244 66-1217 |
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Section 11.
Additional Debtor |
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See
debtor information in section 1 |
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Section
12. Additional Secured Party |
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The filer provides information in the city
field, and either the state or country field in 12c. |
Accept
|
9-520(a) |
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The “Assignor” box is checked. |
Accept
– index the information as a secured
party
|
9-514(a) |
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The filer provides a secured party name in
item 12a or item 12b but has not checked either the “Additional Secured
Party’s or Assignor” box. |
Accept – index the
information as a secured party |
9-514(a) |
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Sections
13, 14 and 15. Real Estate Recording Designation |
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If filer checks item 6 on initial financing
statement, and: |
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The filer fails to complete item 13. |
Accept
at State level - take no action |
9-520(a) |
|
The filer fails to complete item 14. |
Accept
at State level Reject
at local level |
9-520(a) 9-516(b)(3)(D) |
|
The filer fails to complete item 15. |
Accept
at State level |
9-520(a) |
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Section
16. Additional Collateral Description |
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See information in Section 4 of this document. |
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Section
17. Debtor Designation |
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Boxes are checked in item 17. |
Accept
- take no action |
9-520(a) |
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Section
18. Duration Of Filing |
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Filer checks a box in item 18. |
Accept
- set
appropriate lapse date |
9-515(b) and (f) |
Filer
checks all boxes in item 18.
|
Accept
- set
longest time frame for lapse
|
9-520(a) |
AMENDMENT
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Section 1a. Initial Financing
Statement File No.
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The filer
provides the initial financing statement number, but fails to provide any
other information on the form.
|
Accept
– file
as miscellaneous filing; take no action on the index
|
9-520(a) |
The filer
provides the initial financing statement number and provides other
information on an attachment(s).
|
Accept
– file
as miscellaneous filing; take no action on the index
|
9-520(a) |
The filer
provided a number assigned to an amendment (UCC3) rather than an initial
financing statement.
|
Reject
|
9-516(b)(3)(B)(j) |
The filer
provides an initial financing statement number that is in error (i.e., the
filer is amending/terminating another secured party’s financing
statement).
|
Accept
|
9-520(a) |
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Filer checks 1b. |
Accept-
take no action |
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Section
2. Termination |
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A termination is received
after other termination(s) filed.
|
Accept
|
9-520(a) |
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Section
3. Continuation |
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Multiple continuations received within the
six-month continuation window. |
Accept
– only extend lapse date on first continuation |
9-520(a) |
Continuation statement
received within the six-month continuation window but after termination and
prior to lapse date.
|
Accept
and extend lapse date
|
9-520(a) |
|
Section
4. Assignment |
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The
filer checks the assignment item 4 and provides no other information. |
Reject
|
9-516(b)(6) |
The filer fails to provide
assignor’s name in item 9.
|
Accept
|
9-520(a) |
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The filer fails to provide assignment
information in item 7 (filer provided information in another field on the
form). |
Reject
|
9-516(b)(6) |
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Also See information about SP on IFS. |
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Sections
5, 6 and 7. Amendment (Party Information) |
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Assumption:
Name “change” and Name “add” as indicated in item 5 and item 7a or
item 7b means name not previously provided, i.e., new name. This assumption applies to both secured
party and debtor. |
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The amendment affects the debtor. The filer
checks “Change” in item 5 and provides information in item 7a and omits item
7e, item 7f, or item 7g. |
Reject |
9-516(b)(5)(C) |
|
The amendment affects the debtor. The filer
checks “Change” in item 5 and provides information in item 7a or item 7b, and
presents information in the city field and either the state or country field
of item 7c. |
Accept
|
9-520(a) |
|
The
filer checks “Change” and only provides information in item 6 (current record
information). |
Reject |
9-516(b)(4), (5) |
|
The
filer checks “Delete” and only provides information in item 7 (Changed (New)
or Added Information). |
Accept
- take
no action |
9-520(a) |
|
The filer checks “Add” and only provides
information in item 6 (current record information). |
Reject |
9-516(b)(4), (5) |
|
The filer does not check “change,” “delete,”
or “add” in item 5. The filer has
only provided information in item 6 (current record information). |
Accept
- take
no action |
9-520(a) |
|
The filer does not check “change,” “delete,”
or “add” but does check “secured party” or “debtor” in item 5. The filer has only completed information
in item 7 (Change (New) or Added Information). |
Accept
- index |
9-520(a) |
|
The filer checks “Change” or “Add”. No other
information is provided. |
Reject |
9-516(b)(4), (5) |
|
The filer fails to check either “Debtor” or
“Secured Party” but an action is indicated in item 5 and required information
is provided in item 7. |
Accept
- file
as miscellaneous filing; take no action on the index |
9-520(a) |
|
The
filer checks “Debtor” and “Change” in item 5, only provides debtor name in
item 6 and information in item 7e, item 7f and item 7g. |
Reject |
9-516(b)(5) |
|
The filer checks “Secured Party” and “Change”
in item 5, only provides a secured party name in item 6a or item 6b, and a
secured party name in item 7a or item 7b. |
Reject |
9-516(b)(4) |
|
The filer checks “Secured Party” and “Add” in
item 5, only provides a secured party name in item 6a or item 6b and a
secured party name in item 7a or item 7b. |
Reject |
9-516(b)(4) |
|
The filer checks “Debtor” or “Secured Party”
and “Change” in item 5, only provides a name in item 6a or item 6b and
information in item 7c. |
Reject |
9-516(b)(4), (5) |
|
The filer checks “Debtor” and “Change” in item
5 and provides the same name in item 6a and item 7a and information in item
7c only, omitting item 7e, item 7f or item 7g. |
Reject |
9-516(b)(5)(C) |
|
The filer checks both “Debtor” and “Secured
Party” boxes in item 5. |
Reject |
9-516(c)(1) with respect to 9-516(b)(4), (5)
and (6) |
|
The
filer checks “Debtor” and “Change” in item 5, provides debtor name in item 6a
or 6b and same debtor name in item 7a or 7b, plus completes information in
items c, e, f, and g. |
Accept
-
index (Filer is adding organizational information to
the record) |
9-520(a) |
|
The filer checks “Debtor” and “delete” in item
5 and provides a name in item 6. |
Accept
- take no action |
9-520(a) |
|
Section
8. Amendment (Collateral Change) |
|
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The filer provides information in item 8 and
fails to indicate requested action “deleted, added, restated, or assigned” |
Accept - take no action
|
9-520(a) |
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The filer checks all boxes in item 8. |
Accept
- file
as a collateral change (add’tl fee may be necess’y if multiple transactions) |
9-520(a) |
|
Section
9. Name of Secured Party Authorizing this Amendment |
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The
filer does not provide a Secured Party or Debtor name in item 9. |
Accept
|
9-520(a) |
Section 10. Optional Filer
Reference Data
|
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The filer provides information in item 10. |
Accept
- take no action |
9-520(a) |
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AMENDMENT
ADDENDUM: |
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The filer provides information in item 13. The
filer has not provided the initial financing statement number in item 11. |
Accept
|
9-520(a) |
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The filer provides information in item 13. The
filer does not provide the Name of Party Authorizing the amendment in item
12. |
Accept
|
9-520(a) |
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The filer provides information in item 13 that
appears to require filing office action. |
Accept - take no action
|
9-520(a) |
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AMENDMENT
COMBINATIONS |
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The filer checks item 2 (termination) and item
3 (continuation). |
Accept both – extend lapse date
|
9-520(a) |
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The filer checks item 2 (termination) and item
4 (assignment). |
Accept - index
|
9-520(a) |
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The filer checks item 2 (termination) and item
5 (party information). |
Accept - index
|
9-520(a) |
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The
filer checks item 2 (termination) and item 8 (collateral change). |
Accept
|
9-520(a) |
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The
filer checks item 3 (continuation) and item 4 (assignment). |
Accept - ; index as to item
4 and extend lapse date
|
9-520(a) |
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The filer checks item 3 (continuation) and
item 5 (party information). |
Accept - index as to item 5
and extend lapse date
|
9-520(a) |
|
The filer checks item 3 (continuation) and
item 8 (collateral change). |
Accept - extend lapse date
|
9-520(a) |
|
The filer checks item 4 (assignment). The
filer checks box in item 5 (party information-debtor) other than “delete.”
Items 6 & 7 are left blank. |
Reject
|
9-516(c)(1) with respect to 9-516(b)(5) and
(6) |
|
The filer checks item 4 (assignment). The filer checks box in item 5 (party
information-secured party) other
than delete. Items 6 & 7 are
left blank. |
Reject
|
9-516(c)(1) with respect to 9-516(b)(4) and
(6) |
|
The filer checks item 4 (assignment). The
filer checks “delete” in item 5 (party information-debtor). |
Accept - index
|
9-520(a) |
|
The
filer checks item 4 (assignment). The filer checks “delete” in item 5 (party
information-secured party). |
Accept - index
|
9-520(a) |
|
The filer checks item 4 (assignment) and item
8 (collateral change). |
Accept - index
|
9-520(a) |
|
The filer checks item 5 (party information)
and item 8 (collateral change). |
Accept - index
|
9-520(a) |
|
MISCELLANEOUS
ITEMS |
|
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a. Use of words such as “same,” “N/A,” “not applicable,” “none;”
or “see attached,” “see addendum,” “see exhibit;” or comparable phrases.
|
Accept
- words used in the form fields will
not be interpreted by the Secretary of State. SOS must index all form fields exactly as given. |
9-520(a) |
|
b.
Forms 1. Transition Form (dated 7/20/98) 2 IACA Model forms:
UCC-1 Initial Financing Statement
UCC-1 Initial Financing Statement Addendum
UCC-3 Amendment
Additional Party Addendum (UCC-1 and UCC-3) 2.
Forms other than national, model or transition forms |
Accept Accept Accept Accept Accept Reject
|
9-520(a) |
|
c.
Attached Pages ·
Filer adds an attachment that is not
the national addendum form.
|
Accept
– do not index information on attachment.
Accept
– do not index information on the
attachment.
|
|
|
d.
Bogus or fraudulent filings 1. Filer provides the same name in items 1
and 3 of IFS (i.e., debtor and secured party are the same). 2. Individual debtor is listed and box 18 is checked
indicating the debtor is a transmitting utility. 3. Copies of personal documents, such as
birth certificate, social security number, etc. are attached. 4. Debtor listed is a public official. 5. The filing appears on its face to be bogus
or fraudulent. |
Accept Accept
– set lapse date to be effective until
terminated. Accept –any private
information revealed on form will be public record.
Accept - Although not obligated, SOS may notify
debtor of filing.
Accept
|
9-520(a) 9-520(a), 9-515(f) 9-520(a) 9-520(a) 9-520(a) |
|
Filing
requests made in cover letters or post-it-notes, such as “file first.” |
Will attempt to follow instructions; however,
SOS may not see note and is not
obligated to follow any such instruction |
|
Copyright,
Kansas Secretary of State 2003