FAQ - Uniform Commerical Code

Q. Do you accept forms from other states?
A. The Secretary of State's office only accepts national UCC forms.

Q. Why do you return a letter with all my filings?
A. The acknowledgment letter is an official notice of how the submitted information has been indexed. It contains the file date, lapse date, file number, secured party name and address, and the debtor name and address. This letter and the original document will be returned to the recipient listed in box "B" of the form.

Q. What if the information I get on my acknowledgment letter is different than what I want on file?
A. You should immediately file an amendment.

Q. What is the difference between a release and a termination?
A. Release - This type of filing releases either completely or partially a secured party's security interest in the specific collateral listed on the filing. However, it will not result in the debtor's name being removed from the UCC's indexing system.
Termination - The secured party of record no longer claims a security interest under the financing statement identified on the termination document.

Q. We terminated a UCC by mistake. Is there anything we can do to stop it?
A. We cannot rescind a filing. However, you can file a statement of correction. Currently, we don't have the ability to file that on-line. The correction statement lets the public know that a record on file is inaccurate or was erroneously filed. The fee for filing a correction statement is $20.00.

Q. When I conduct a search, why don't I get more information on similar names?
A. This office can only provide a certified search for the requested name as listed exactly. We cannot certify similar names since it is impossible to anticipate all name variations a filing party might have filed. You may conduct different searches for each verity of a name to ensure a complete search.

Q. What do I do if I let a document lapse that should still be active?
A. A lapsed document cannot be extended. You may file a new financing statement. A debtor's signature is not required.

Q. What do I do if a bank merges or changes names?
A. Please consult your legal counsel to determine if an amendment is necessary.

Q. How much are your filing fees?
A. There are two ways to file. On-line filing fees are listed at Kansas.gov, and the paper filing fees are:
Paper filing Fee
Financing Statement $20.00
Continuation $20.00
Assignment $20.00
Amendment $20.00
Agricultural Input Lien $20.00
Termination $20.00
Release of collateral $20.00
For each page over 10 $ 1.00
Q. How much do you charge for additional debtors?
A. The same fee applies no matter how many debtors are listed on a filing.

Q. What if I can't fit all the debtor names on the first page?
A. You should list debtor names in areas number one and two on the national UCC financing statement form by listing only one name in each area. If you have more than two debtor names you must use the national financing statement addendum forms needed for each additional debtor name.

Q. How much do you charge for a search?
A. Information Requests $20.00 per debtor name
Copies of the documents $ 1.00 per page

Q. How much are your fax fees?
A. Fax service (prepayment required)
$2.00 for the first page
$1.00 for each additional page

Q. Can I file online?
A. Yes. Financing statements and amendments may be filed electronically. You may access our online filing system under business filing center of our Web page navigator.

Q. Can I conduct searches online?
A. Kansas.gov members may conduct debtor and business entity searches online. In order to get a password and sign-on, contact Kansas.gov at 1-800-4-KANSAS or visit their Web site at www.kansas.gov

Q. Where do I file a dishwasher or any other type of collateral?
A. Fixtures and real estate should be filed with the county. All other collateral is filed with the Secretary of State. Please consult your legal counsel to determine the category of your collateral.

Q. What is the effective period of a financing statement?
A. A filed financing statement is effective for a period of five years from the date of filing. It will lapse upon the expiration of the five-year period unless a continuation statement is filed prior to the lapse date. Continuation statements may be filed within six months prior to the expiration of the five-year lapse period. The effect of the continuation statement is to continue the original statement for five more years from the original filing date of the financing statement regardless of the filing date of the continuation.

Q. If a termination is filed and a continuation is received on the same financing statement number within the six-month period prior to lapse date, should the continuation be filed?
A. You may file the continuation; however, whether it is effective will be determined by a court of competent jurisdiction. Please consult your legal counsel.

Q. Does the secured party need to amend its pre-effective date filings to add organizational information?
A. Yes. To continue the effectiveness of a financing statement that must be filed with the Secretary of State's office under the new law but was filed somewhere else under the old law, the secured party must file an "in lieu filing." The organizational information should be provided at that time.

Q. Why are married couples and DBAs (doing business as) searched separately?
A. Each debtor name is indexed separately. In order to provide all the information we have on file, each name is searched separately.

Q. Why do I need to order copies of the documents?
A. An information search does not provide the collateral information; however, the copies provide all the required information including the collateral.

Q. What is the standard turn-round time for UCC searches?
A. Generally, the turn-around time is 24 to 48 hours. Some larger searches or orders may require more time to complete

Q. Do you have an expedited service for searching and filing?
A. Our expedited service is the online filing and searching system. In addition to the online services, we offer immediate service to walk-in customers.

Q. What is your fax number?
A. (785) 296-4570

Q. Do you accept fax UCC filings?
A. No. You may file online or mail UCC national forms to us with correct payment.

Q. Where can I find information on revised Article Nine?
A. Please visit our statutes or regulations pages.

Q. What are your methods of payment?
A. Fees may be paid via MasterCard, Visa, check, money order, or a prepaid account that is set up through the office of the Secretary of State.

Q. Do you accept faxed search requests?
A. Yes, if an adequate payment method is provided, such as a prepaid account or credit card information.

Q. Should I include a Social Security number on my UCC filing?
A. No. Please read our UCC privacy statement.