{"data":{"id":"us-ky/krs-355.9-516a","jurisdiction":"us-ky","citation":"KRS 355.9-516A","heading":"Administrative rejection of unauthorized records.","body":"(1) Upon approval of the Secretary of State, a filing office may refuse to accept a record\ncommunicated for filing under this article if it is evident from the contents of the\nrecord, including the described collateral, or from information in a record\naccompanying the record communicated for filing, that the person filing the record\nis not authorized to do so under KRS 355.9 -509 or 355.9 -708. This section only\napplies if all debtors and secured parties indicated on the record are individuals.\n(2) If a filing office refuses to accept a record pursuant to subsection (1) of this section,\nit shall immediately inform the person attempting to file the record and all persons\nidentified on the record as secured parties that the record has not been accepted, and\nmay request additional documentation supporting the filing. The Secretary of State\nshall review all documentation received pursuant to a request under this subsection,\nand if the Secretary of State concludes that the record is authorized under KRS\n355.9-509 or 355 .9-708, the Secretary of State shall direct the filing office to\npromptly accept the record.\n(3) A person indicated as a secured party of record on a financing statement that is\nrefused pursuant to subsection (1) of this section may request from the Secret ary of\nState an expedited administrative review of the decision to refuse filing.\n(4) A person indicated as a secured party of record on a financing statement that is\nrefused filing pursuant to subsection (1) of this section may bring an action against\nthe Secretary of State seeking a determination that the financing statement was filed\nby a person entitled to do so under KRS 355.9 -509(1) and was authorized. An\naction under this subsection shall have priority on the court's calendar and shall\nproceed by expedited hearing. If the individual who filed the affidavit resides in this\nstate, the exclusive venue in this state for the action shall be in the Circuit Court for\nthe county where the individual principally resides in this state. If the individual\nwho filed the affidavit does not reside in this state, the exclusive venue in this state\nshall be in the Circuit Court for the county where the filing office in which the\nfinancing statement was filed is located.\n(5) If the Secretary of State determines in an exp edited administrative review initiated\nunder subsection (3) of this section, or if a court determines in an action brought\npursuant to subsection (4) of this section, that a rejected record was filed by a\nperson entitled to do so under KRS 355.9-509(1) and should have been accepted for\nfiling, upon receipt of a certified copy of that determination the filing office shall\npromptly file the record. Upon the filing of a record improperly refused under\nsubsection (1) of this section, the record shall be treated  as if it had been filed and\neffective as of the date originally submitted, except against a person that purchased\nthe collateral in good faith between the date the record was rejected for filing and\nthe subsequent actual date of the filing, to the extent that the person gave new value\nin reliance on the absence of the record from the files.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40686","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:48Z","sha256":"45d742289e940f9616cfa6d211db10fd2ed3bca44e982ce6a58268444eec0b1f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.9-516","next":"us-ky/krs-355.9-517"},"notice":"GroundRules: Original legal text. Not legal advice."}