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84-9-520. Acceptance and refusal to accept record. (a) Mandatory refusal to accept record. A filing office shall refuse to accept a record for filing for a reason set forth in K.S.A. 2023 Supp. 84-9-516(b), and amendments thereto, and may refuse to accept a record for filing only for a reason set forth in K.S.A. 2023 Supp. 84-9-516(b), and amendments thereto.

(b) Communication concerning refusal. If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule but, in the case of a filing office described in K.S.A. 2023 Supp. 84-9-501(a)(2), and amendments thereto, in no event more than two business days after the filing office receives the record.

(c) When filed financing statement effective. A filed financing statement satisfying K.S.A. 2023 Supp. 84-9-502(a) and (b), and amendments thereto, is effective, even if the filing office is required to refuse to accept it for filing under subsection (a). However, K.S.A. 2023 Supp. 84-9-338, and amendments thereto, applies to a filed financing statement providing information described in K.S.A. 2023 Supp. 84-9-516(b)(5), and amendments thereto, which is incorrect at the time the financing statement is filed.

(d) Separate application to multiple debtors. If a record communicated to a filing office provides information that relates to more than one debtor, this part applies as to each debtor separately.

History: L. 2000, ch. 142, ยง 91; July 1, 2001.

Law Review and Bar Journal References:

"Revised Article 9 in Kansas," Hon. John K. Pearson, 51 K.L.R. 769, 815 (2003).

Attorney General's Opinions:

Record of mortgage can be filed as a financing statement covering fixtures with the register of deeds in the county where the collateral is located if such record complies with the fixture filing requirements without using a UCC-1 form. 2009-19.

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