UCC – FAQ

Q: Can I file online? 
A: Yes.  Online filing requires an online UCC entity account.  You can apply for an online UCC entity account here.

Q: Where do I send my UCC filings?
A: Our office address is:

Kansas Secretary of State
Memorial Hall, 1st Floor
120 SW 10th Avenue
Topeka, KS 66612-1594

Q: What are your filing fees? 
A: Click here for a list of UCC filing forms and fees.  If filing by paper, make checks or money orders payable to: Kansas Secretary of State.

Q: How much do you charge for additional debtors? 
A: There is no charge for additional debtors.

Q: Do I need to submit more than one copy of a document for filing?
A: No. Please submit only the original document for filing. After the document is processed it will be returned by mail.

Q: Where is my UCC filing sent once it is processed? 
A: The acknowledgment letter and the original document will be returned to the recipient listed in acknowledgment box “C” of the financing statement form. 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.

Q: Do you accept forms from other states?
A: Only the national UCC forms are accepted for filing. Forms are available here.

Q: Do you accept filings through XML?
A: Yes. Please call our office at 785-296-4564 to discuss this option.

Q: What forms of payment are accepted?
A: Online UCC entity filings – ACH, electronic check, or credit card. Paper filings– check, money order, or credit card.

Q: What is an electronic check?
A: An electronic check is a way of paying for an online filing using a checking account. To pay by electronic check, the routing and account numbers listed at the bottom of the check will need to be provided. Once the filing is processed, the payment will be deducted from the checking account.

 

UCC Debtor Search Requests

 

Q: Can I perform a debtor search online? 
A: Online UCC entities may conduct both official and unofficial debtor searches. You can apply for an online UCC entity account here.

Note: The unofficial search is a nonstandard debtor search and does not follow standard search logic as listed in K.A.R. 7-17-22. This search will not determine whether a name is seriously misleading under K.S.A. 84-9-506. The unofficial search is not considered an official search under Article 9 of the Uniform Commercial Code.

Q: How do I obtain an official search using official, standard search logic?
A: Online UCC entities may conduct official debtor searches. You can apply for an online UCC entity account here.  A paper search request may be submitted to the Secretary of State’s office using form UCCII Information Request. The search request can be mailed or faxed to our office.  Payment must be received at the time of the request.

We will conduct an Article 9 official search and mail the search results (or fax upon request for an additional $1 per page). This official search uses search logic defined in K.A.R. 7-17-22.

Q: What is the cost for a UCC debtor search? 
A: For online UCC entities an unofficial debtor search is $10.00 per debtor name. An official debtor search is $10.00 per debtor name. An official debtor search request by paper is $20.00 per debtor name. Copies of filed documents are $1.00 per page. These may be ordered at the time the search is requested or performed, or it may be ordered at a later time by the UCC numbers using the UCCII Information Request.

Q: Why do I need to order copies of the filed documents?
A: Search results list the file date, file number, debtor and secured party associated with the debtor name. A filed document will contain collateral information. Copies of the filed document will provide all the information on the filing, including the collateral.

Q: I requested a debtor search by paper. Why don’t I see results of similar names on the search report?
A: The official search looks for names that match the exact name provided on the search request form using search logic defined in K.A.R. 7-17-22. To find similar names, you will need to create an online UCC entity account and perform an unofficial debtor search, which may return results including similar names. An official debtor search may then be performed through the online account if needed.

 

UCC General Information

 

Q: What is the usual turnaround time for UCC searches and filings? 
A: The office will respond to a UCCII search request within two business days. Larger searches or orders may require more than two days to complete; however, the office will advise of the time needed to complete the search within two days

Q: Can I send my UCC filing by fax? 
A: UCC filings are not accepted by fax. You may create an online UCC entity account and file online, or mail UCC national forms to the Secretary of State with the correct payment.

Q: Can I request a search by fax?
A: UCCII search requests are accepted by fax if the credit card information is included on the form.

Q: What if the information on my acknowledgment letter is different than what I want on file?
A: You may contact our office if you believe an error was made during data entry or file an amendment to correct the information.

Q: What is the effective period of a financing statement?
A: A filed financing statement is effective for 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 statement continues the original statement for five more years from the original lapse date of the financing statement regardless of the filing date of the continuation.

Q: What can I do if a filing lapsed, but should still be active?
A: A lapsed filing cannot be continued. A new financing statement may be filed. A debtor’s signature is not required on financing statements.

Q: We terminated a UCC by mistake. What can we do?
A: Our office cannot rescind a filing.  However, you can file a correction statement. The correction statement can only be filed by paper.  It 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: What do I do if a bank merges or changes names? 
A: Please seek the advice of your legal counsel to determine if an amendment to your UCC filing is necessary.

Q: What if I can’t fit all the debtor names on the first page?
A: List debtor names in Number One and Two on the national UCC financing statement and list only one name in each. If there are more than two debtor names, you must use the national financing statement addendum form for each additional debtor name. Both forms are available here.

Q: Why are married couples and DBAs (doing business as) searched separately? 
A: Each debtor name is stored separately in our system. To provide all the information on file each name is searched separately.

Q: Do you have an expedited service for searching and filing?
A: Expedited service is the online filing and searching system. In addition to the online services, our office provides immediate service to walk-in customers.

Q: Why was a continuation filing accepted after a termination filing was accepted on the same financing statement?
A: Continuations or other amendments are accepted after a termination is filed.  A court of law may need to determine the effectiveness of the financing statement. If a termination or continuation was filed in error, you may file a Correction Statement.

Q: If I file a UCC financing statement, is it a perfected lien?
A: Filing a financing statement with the Secretary of State will “perfect” the security interest for some types of collateral.  The uniform commercial code dictates how and where to perfect a security interest, so a secured party should seek legal advice on the correct process for perfection.

Q: Where do I file a financing statement?
A: K.S.A. 84-9-501 provides guidance on where to file a financing statement.  For as-extracted collateral, timber to be cut, fixture filings, and goods to become fixtures, the appropriate filing office is the register of deeds. In all other cases, including transmitting utilities, the financing statement is filed with the Secretary of State.  Not all types of collateral are perfected by filing; some are perfected by taking possession of the goods. A legal advisor may assist the secured party in determining how to perfect the security interest.