FAQ - Uniform Commercial Code

UCC Filings

Q: Can I file online?
A: Yes. Online filing requires an Online UCC Entity Account. Apply for an online UCC Entity Account.

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 , Kansas 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. Only the original document should be submitted for filing. Once the document is processed, it will be returned by mail.

Q: Where will you send my UCC filing once it is processed?
A: The acknowledgment letter and the original document will be returned to the recipient listed in acknowledgement 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: The Secretary of State will only accept the national UCC forms for filing. Forms may be downloaded from our website.

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 do you accept?
A: Online UCC Entities - ACH, electronic check or credit card.
Paper - check or money order, Visa, MasterCard, Discover, American Express, or prepaid account.

Q: What is an electronic check?
A: An electronic check is a way of paying for an online filing using a checking account. If you select the electronic check option for payment, you provide the routing and account numbers at the bottom of your check. The payment will then be deducted from your account. You do not need to mail the paper check to our office.

UCC Debtor Search Requests

Q: Can I perform a debtor search online?
A: Online UCC Entities may conduct both official and unofficial debtor searches. Apply for an online UCC Entity Account.

Note: The unofficial search is a non-standard debtor search and does not follow standard search logic as listed in KAR 7-17-22. This search will not determine whether a name is seriously misleading under KSA 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 - online UCC Entities may conduct official debtor searches. Apply for an online UCC Entity account.
Paper - Submit your search request to us on the form UCC II 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 KAR 7-17-22.

Q: How much do you charge for a UCC debtor search?
A: Online UCC Entities - an unofficial debtor search is $10.00 per debtor name. An official debtor search is $10.00 per debtor name
Paper - an official debtor search request by paper is $20.00 per debtor name Copies of filed documents are $1.00 per page. You may order these at the time you are requesting or performing a search, or you may order the copies at a later time by number using the UCC II 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. You may choose to order copies of the filed document so that you can see 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 my search report?
A: The official search looks for names that match the exact name you provided to us on the search request form using search logic defined in KAR 7-17-22. To find similar names, you would need to create an online UCC Entity account and perform an unofficial debtor search, which may return results including similar names. You may then perform an official debtor search through your account, if needed.

UCC General Information

Q: What is the usual turn-round time for UCC searches and filings?
A: We have two business days to respond to a UCCII search request. Some larger searches or orders may require more time than that to complete, but we will respond within two days.

Q: Can I send my UCC filing to you by fax?
A: No. You may create an online UCC Entity account and file online or mail UCC national forms to us with correct payment. However, we do accept UCCII search requests by fax as long as credit card information is included on the form.

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

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 we made an error, 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 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: What can I do if a filing lapsed, but should still be active?
A: A lapsed filing cannot be continued. You may file a new financing statement. A debtor's signature is not required on financing statements.

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 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: You should list debtor names in Number One and Two on the national UCC financing statement form, and list only one name in each. If you have more than two debtor names, you must use the national financing statement addendum form for each additional debtor name.

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

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: Why did the Secretary of State accept a termination and then a continuation filing on the same financing statement?
A: We accept a continuation or other amendment 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 with you, is it a perfected lien?
A: Maybe. 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 should assist the secured party in determining how to perfect the security interest.

About the Uniform Commercial Code (UCC)

Q: Where can I find information on Article Nine?
A: Please visit our statutes & regulations page.
Go to www.sos.ks.gov.
Click on Business Filing Center on left side of the page
Click on Uniform Commercial Code
Choose the option you need under UCC Resources or See Useful Links.

Q: What is Revised Article Nine?
A: A revision of the Uniform Commercial Code by the Uniform Law Commission to amend the section relating to secured transactions. Revised article nine was effective July 1, 2001 and was adopted by all states. Most states, however, further amended the article in some manner, so the law is not completely uniform from state to state.

Q: What is the UCC?
A: The Uniform Commercial Code is a uniform law used by all 50 states to standardize commercial transactions.

Q: What is a UCC filing?
A: A uniform commercial code filing is a document (called a financing statement or UCC1) stating that someone (a secured party) has a claim (security interest) in certain property (collateral) belonging to someone else (debtor). To illustrate; a business owner borrows money from a bank and uses the assets of the business as collateral for the loan. The bank as the secured party files a financing statement with the Secretary of State's office. By filing a financing statement, the bank establishes its priority in the event the business owner borrows money from others, files for bankruptcy or becomes insolvent. This filing gives notice via public record to other lenders that the secured party has a security interest in the business assets.