30 KAR 5:020. General provisions.

30 KAR 5:020. General provisions.

RELATES TO: KRS Chapter 355, Article 9

STATUTORY AUTHORITY: KRS 355.9-526(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 355.9-526(1) requires the Secretary of State to promulgate administrative regulations implementing Article 9 of KRS Chapter 355. This administrative regulation establishes general provisions governing 30 KAR Chapter 5 relating to deliveries, approved forms, payments, and public record services.

Section 1. UCC Record Delivery. UCC records may be tendered for filing at the filing office as follows:

(1) Personal delivery, at the filing office’s street address. The file time for a UCC record delivered by this method shall be when delivery of the UCC record is accepted by the filing office (even though the UCC record may not yet have been accepted for filing and subsequently may be rejected).

(2) Courier delivery, at the filing office’s street address. The file time for a UCC record delivered by this method shall be, notwithstanding the time of delivery, the next close of business following the time of delivery (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected). A UCC record delivered after regular business hours or on a day the filing office is not open for business shall have a filing time of the close of business on the next day the filing office is open for business.

(3) Postal service delivery, to the filing office’s mailing address. The file time for a UCC record delivered by this method shall be the next close of business following the time of delivery (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected). A UCC record delivered after regular business hours or on a day the filing office is not open for business shall have a filing time of the close of business on the next day the filing office is open for business.

(4) Electronic filing. UCC records, excluding correction statements, may be transmitted electronically using the XML standard approved by the International Association of Corporation Administrators or through on-line entry. The file time for a UCC record delivered by these methods shall be the time that the filing office’s system analyzes the relevant transmission and determines that all the required elements of the transmission have been received in a required format and are machine-readable.

Section 2. Search Request Delivery. UCC search requests may be delivered to the filing office by any of the means by which UCC records may be delivered to the filing office, in accordance with Section 1 of this administrative regulation.

Section 3. Approved Forms. The filing office shall only accept the forms prescribed by KRS 355.9-521, or forms adopted by the International Association of Corporation Administrators.

Section 4. Methods of Payment. Filing fees and fees for copies of UCC records may be paid by the following methods:

(1) Cash. Payment in cash shall be accepted if paid in person at the filing office.

(2) Checks. Personal checks, cashier’s checks and money orders made payable to the Kentucky State Treasurer shall be accepted for payment if they are drawn on a bank acceptable to the filing office or if the drawer is acceptable to the filing office.

(3) Electronic funds transfer. The filing office may accept payment via electronic funds transfer under National Automated Clearing House Association ("NACHA") rules from remitters who have entered into appropriate NACHA-approved arrangements for the transfers and who authorize the relevant transfer pursuant to the arrangements and rules.

(4) Prepaid account. A remitter may open an account for prepayment of fees by submitting a completed Application for Prepaid Account and prepaying an amount not less than $250. The filing officer shall issue an account number to be used by a remitter. The filing officer shall deduct filing and copying fees from the remitter’s prepaid account if authorized by the remitter.

(5) Debit and credit cards. The filing office shall accept payment by debit cards and credit cards issued by approved issuers. Remitters shall provide the filing officer with the card number, the expiration date of the card, the name of the card issuer, the name of the person or entity to whom the card was issued and the billing address for the card. Payment shall not be deemed tendered until the issuer or its agent has confirmed payment.

Section 5. Overpayment and Underpayment Policies. (1) Overpayment. The filing officer shall refund the amount of an overpayment.

(2) Underpayment. Upon receipt of a UCC record with an insufficient fee, the filing officer shall do one (1) of the following:

(a) A notice of deficiency shall be sent to the remitter and the record shall be held for a period of ten (10) days from the date of the notice for receipt of the fee. Upon receipt of the fee, the record shall be filed as of the time and date of receipt of the full filing fee. If the fee is not received within ten (10) days of the date of the notice, the record shall be returned to the remitter with a written explanation for the refusal to accept the record; or

(b) The UCC record shall be returned to the remitter as provided in 30 KAR 5:030, Section 4. The refund shall be included with the record or delivered under separate cover.

Section 6. Public Records Services. Public records services shall be provided on a nondiscriminatory basis to any member of the public in accordance with this section. The following methods shall be available for obtaining copies of UCC records and copies of data from the UCC information management system:

(1) Individually-identified documents. Copies of individually-identified documents shall be available in the following forms:

(a) Paper; or

(b) JPG files via the web.

(2) Text data from the UCC information management system. A list of available text data elements from the UCC information management system, and the file layout of the text data elements, shall be available from the filing office upon request. Text data from the UCC information management system shall be available as follows:

(a) Full extract. A bulk text data extract of information from the UCC information management system shall be available on a weekly basis.

(b) Update extracts. Updates of text data from the UCC information management system shall be available on a weekly basis.

1. CD-ROM; or

2. FTP file transfer.

Section 7. Incorporation by Reference. (1) "Application for Prepaid Account", Secretary of State, Uniform Commercial Code Branch, 07-01-01, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Secretary of State, UCC Branch, 363C Versailles Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (28 Ky.R. 996; Am. 1344; eff. 12-19-2001.)